GUILTY FL - Dan Markel, 41, FSU Law Professor, Tallahassee, 18 July 2014 *arrests* #12

[Niner]

Niner, nothing is on the docket for CA. I literally checked 3 minutes ago.

Trial Judge stated it'd be 30 days, maybe a little longer, after her conviction on May 31, 2022 for KM's sentencing date.

HTH

Thank you DeDee! Much appreciated. Can I put your name down as my "go-to-person" to ask about hearing dates? I can not access Leon County court site is why I ask.
TIA!

 

[DeDee]

Thank you DeDee! Much appreciated. Can I put your name down as my "go-to-person" to ask about hearing dates? I can not access Leon County court site is why I ask.
TIA!

You are welcome. Tag me anytime you wish, Niner. I have CA's trial to wait for and also waiting patiently on AmandaBlackburn's killer, LJT's upcoming trial, finally, after waiting 7 years. There's still no news report on his recent Jury Selection in MSM.

 

[Niner]

You are welcome. Tag me anytime you wish, Niner. I have CA's trial to wait for and also waiting patiently on AmandaBlackburn's killer, LJT's upcoming trial, finally, after waiting 7 years. There's still no news report on his recent Jury Selection in MSM.

Okay - I shall put your name down. Thanks! And on Amanda's murder trial - I too just looked for updates on the jury selection & couldn't find anything.

 

[AlferdPacker]

Now.....you can say that only a defendant can make a decision or accept a plea. That is certainly correct. But what you can't say is that the idea that the Adelsons were likely funding her Defense is a conspiracy theory and that if you just ask any attorney they will laugh and explain it all to us plebes. There are several attorneys already on the record who have made that very allegation, not the least of which is the States Attorney's office, David Lat and all of the attorney's at Above the Law who have covered this case, and then our own in-house counsel here at websleuths on this case Mentour Lawyer. In fact, the only qualified attorney saying that the Adelson's weren't funding Magbanua's defense are Magabanua's attorneys....who, we have come to learn, have been known to bend the truth.

DBM

 

[clearskies1]

I find contradictory FL law on DP cases (under Gov Rick Scott, 2016) that I happen to have handy:

1) ... the new law, HB 7101, specifies that the jury must unanimously agree in writing regarding which aggravating factors the prosecution has proved before a death sentence may be handed down. The old statute required a simple majority of jurors to recommend death. The new one requires 10 of 12 jurors to agree that the death penalty is warranted.

The new statute also orders a prosecutor who intends to seek the death penalty to give notice thereof to the defendant within 45 days after the arraignment.

A list of strict aggravating factors must be presented, at this time, that the State intends to prove beyond a reasonable doubt. Ex:
* The defendant’s crime was especially heinous, atrocious, or cruel

Source: An alum of FSU, Jose Baez's website - who won a NG verdict for Dr Husel recently

Florida’s New Death Penalty Law | Orlando Criminal Defense Lawyer

2) Also see:

"If the prosecutor intends to seek the death penalty, the prosecutor must give notice to the defendant and file the notice with the court within 45 days after arraignment. The notice must contain a list of the aggravating factors the state intends to prove and has reason to believe it can prove beyond a reasonable doubt."

Source: CHAPTER 2016-13 House Bill No. 7101, pg 3, http://laws.flrules.org/2016/13

Maybe I’m misunderstanding your post. The new law requires jury unanimity on whether the defendant is eligible for the death penalty i.e., has the state proved the existence of an aggravating factor beyond a reasonable doubt? It there is unanimity that an aggravating has been proved, the jury than goes to the next step and weighs whether the aggravators outweigh the mitigators and whether the sentence should be death. At the second stage a 10-2 vote in favor of death is sufficient. https://www.americanbar.org/groups/...0/spring/florida-supreme-court-state-v-poole/

 

[DeDee]

Maybe I’m misunderstanding your post. The new law requires jury unanimity on whether the defendant is eligible for the death penalty i.e., has the state proved the existence of an aggravating factor beyond a reasonable doubt? It there is unanimity that an aggravating has been proved, the jury than goes to the next step and weighs whether the aggravators outweigh the mitigators and whether the sentence should be death. At the second stage a 10-2 vote in favor of death is sufficient. https://www.americanbar.org/groups/...0/spring/florida-supreme-court-state-v-poole/

I believe we're basically saying the same thing, clearskies1.

The OP used the phrase 'within 45 days of the arraignment' whereas, my source states the law is that notice of DP is given to the defendant '45 days after the arraignment'.

Thank you for sharing the link. As time permits, I'll certainly read it.

 

[clearskies1]

I believe we're basically saying the same thing, clearskies1.

The OP used the phrase 'within 45 days of the arraignment' whereas, my source states the law is that notice of DP is given to the defendant '45 days after the arraignment'.

Thank you for sharing the link. As time permits, I'll certainly read it.

Ok. I am the OP. Yeah, no conflict.

 

[JT_Watchman]

Question: How could KM’s attorneys be indirectly financed by the Adelsons if DeCoste and Kawass were trying to implicate Charlie all through KM’s 2nd trial?

 

[KidonGadol]

Question: How could KM’s attorneys be indirectly financed by the Adelsons if DeCoste and Kawass were trying to implicate Charlie all through KM’s 2nd trial?

The whole point is to get KM out of jail and preferably out of the country. THey (deCoste and TK) intended to put SG on the stand and get him to lie about how he was recruited to action the murder. Then in the CJA case he can say he perjured himself and he did it only to save KM and the original contention is that KM was the go between used to recruit him is the truth. But at that point, say a year after KM's trial, the court has formally decided that KM did not solicit murder... and the LE can't find her anywhere.

SG has nothing to lose as he's doing LWOP he can't be sentenced to death for perjury.
Moreover any testimony against CA can't be used in a future trial against him . If he's not in court to rebut claims, then the claims made are just legally words in the wind.

It's a cunning scheme that had to be aborted because of the jailhouse conversations. The fact that J Wheeler did not allow them into evidence does not mean that the jury did not get the impression that SG might have been worded up to say what suited KM best.

 

[GordonX]

Question: How could KM’s attorneys be indirectly financed by the Adelsons if DeCoste and Kawass were trying to implicate Charlie all through KM’s 2nd trial?

IMO - whatever KM's attorneys say in court has ABSOLUTELY NO RELEVANCE OR ADMISSION in CA's future trial. KM's attorneys had two goals - the first being - get KM acquitted at all costs - even if it means bad mouthing the alleged masterminds. the alleged masterminds don't care that they are being bad mouthed because they know it's in their best interest to get KM acquitted - at all costs! KM's attorneys second goal was to get KM on the stand and have her deny any knowledge of the plot. this action diminishes and neutralizes and taints any possible future KM testimony against the alleged masterminds because of the contradictory nature of her testimony.

so it seems counter-intuitive at first that KM's lawyers would bad mouth the alleged masterminds if indeed they are being paid by them - but when you think it through it makes complete sense. KM's lawyers' words do not harm the alleged masterminds in any future trial!!!

 

[Bongo]

SG has nothing to lose as he's doing LWOP he can't be sentenced to death for perjury.

Plus he loved her and would probably rather she be out getting to know the kids again.

 

[Deleted member 302228]

Tallahassee Democrat

www.tallahassee.com

Decaste groveling before the court for KM (whose only move is to inform on the people who have supposedly paid him off)

He noted the attentiveness and dedication of the jury, and made it clear he was not questioning the jurors' decision.

"We respect the jury’s verdict. A jury can’t get it wrong,” DeCoste said. “The jury’s decision is the truth and they’ve made a determination.”

Attorney said Magbanua "crushed" by verdict, lauds judge and prosecutors​

DeCoste hung back in Tallahassee after the verdict, and went to see Magbanua in jail last week. He said her demeanor then wasn’t much different than in the courtroom, where she wept quietly before being taken away in handcuffs.

“Her words reflect the expression that everybody saw on her face when the verdict came down, that of being crushed,” DeCoste said. “Not to be confused with 'crushed by the system' but 'crushed by the verdict' and what's to come with that verdict.”

DeCoste lauded the even hand of Circuit Judge Robert Wheeler and shared an email he sent Assistant State Attorney Georgia Cappleman after the verdict, in which he commended her on a well-fought trial.

 

[BlueSky12]

Niner, nothing is on the docket for CA. I literally checked 3 minutes ago.

Trial Judge stated it'd be 30 days, maybe a little longer, after her conviction on May 31, 2022 for KM's sentencing date.

Katherine Magbanua's conviction was on Friday, May 27, 2022 around 9:00 pm Tallahasee time.

 

[Niner]

Katherine Magbanua's conviction was on Friday, May 27, 2022 around 9:00 pm Tallahasee time.

Oops - you are correct - must be a "typo" on my part...

 

[Blue Shakehead]

Tallahassee Democrat

www.tallahassee.com

Decaste groveling before the court for KM (whose only move is to inform on the people who have supposedly paid him off)

He noted the attentiveness and dedication of the jury, and made it clear he was not questioning the jurors' decision.

"We respect the jury’s verdict. A jury can’t get it wrong,” DeCoste said. “The jury’s decision is the truth and they’ve made a determination.”

Attorney said Magbanua "crushed" by verdict, lauds judge and prosecutors​

DeCoste hung back in Tallahassee after the verdict, and went to see Magbanua in jail last week. He said her demeanor then wasn’t much different than in the courtroom, where she wept quietly before being taken away in handcuffs.

“Her words reflect the expression that everybody saw on her face when the verdict came down, that of being crushed,” DeCoste said. “Not to be confused with 'crushed by the system' but 'crushed by the verdict' and what's to come with that verdict.”

DeCoste lauded the even hand of Circuit Judge Robert Wheeler and shared an email he sent Assistant State Attorney Georgia Cappleman after the verdict, in which he commended her on a well-fought trial.

Thanks for sharing Elfwoman. I commented during trial that there appeared to be a chill between the Decoste and Kawass camps in the Defense and that seemed to happen right around the time Capplemen entered those jailhouse recordings into Discovery. And I'm no body language expert but Decoste certainly was not as sympathetic to Magbanua - he just looked defeated.

I was very surprised to hear him say "the jury is never wrong". This isn't an election, its a trial and he knows that juries absolutely have a long history of getting verdicts wrong. The fact that he didn't say they got it wrong is essentially an admission of Magbanua's guilt. Of course this is not news - its obvious to everyone - but this posture is a 180 degree turn for Decoste. For instance on his IG account still today is a video where he says "The State's Attorney is just as guilty as the people who did this crime because they are doing it to an innocent person" (i.e., prosecuting Magbanua).

Also surprised to hear describe Wheeler as even-handed. Which is perhaps another way of signaling that he didn't see any rulings that were prejudicial against his client or likely to be overturned on appeal. He's not saying that exactly, but this is not something you would say as Defense counsel if you thought the judge made a grave error. His comments on Cappleman were also interesting given that he and Kawass asserted that she was obsessed/blind and tried to have her thrown off the prosecution in the 2nd trial.

From that article, "DeCoste said next steps for Magbanua, including possible appeals, have not been determined. He specifically noted that Kristen Kawass joined the defense team for her expertise in post-conviction and appellate law."

Next steps......have not been determined. I guess we are still on Official Magbanua Flipping on The Adelsons Watch.

 

[GordonX]

IMO - Kristen Kawass is getting paid to hold KM's hand and sell her a fantasy of a successful appeal. Who keeps paying for this???

 

[Weki]

I’m surprised but also not surprised by DeCoste. Kawass has lost all professionalism in this case. I find it disturbing that she and her co-counsel appeared like a bunch of giggling teenage girls with KM in the courtroom. Her breakdown after the verdict was in poor form. I think her direct of KM was poorly done because she has lost sight of her role. DeCoste knows the score. She’s obviously guilty. When the verdict came, he didn’t look sympathetic at all to me. I’m also almost certain that they didn’t want her to take the stand. She didn’t help herself there. And the body language between KM and DeCoste was also stiff throughout the portions I watched. My guess is he didn’t fall into her narcissistic games whereas Kawass and the other female atty did. The dynamic reminds me of Jodi Arias and her female atty vs Arias and Nurmi.

Do these female defense attys find it difficult to represent borderline/narcissistic female defendants while maintaining professional distance?

 

[Sherubbian]

1. I am not a body language expert but I have taken few psychology courses at the graduate level.

There were many tells at the side bench of the defendant throughout the trial. The heavy eye contacts, pursed lips (I am nervous; I don’t intend to insult you but you … made a mistake); rolled eyes and grimaces; and hesitations of DeCoste as if seeking approval for some trivial things such as “yes your honor … (we want you to poll the jury)” are many indications of disagreements among the 3 defense attorneys.

DeCoste’s statements and behavior after the trial seem to say “it is not my fault! I am a good attorney.”

2. Please, notice that the State of Florida named 3 Adelson family members as co-conspirators to the murder of DM in the court papers of KM (see picture of Wendi and friend). This is an important factor with consequences on both KM’s sentencing and CA’s way forward in court.

DeCoste’s choice of words in the Tallahassee Democrat is to be contrasted with the open tears of rage of the two Kawass crocodiles. DeCoste displays a forward looking posture.

It is my “educated suspicion” that we will see dramatic changes within the next 4 to 5 weeks.

 

[Blue Shakehead]

Having a bit more time to digest this, I think this Decoste 2.0 is either personal brand protection mode (i.e, sure we lost, but have you even SEEN how guilty she really was!?) or it's an attempt to thaw out the icey relations between the client/Defense and the State while negotiations on a deal are underway. The fact that he stuck around Talahassee for a week after the verdict suggests that they are definitely trying to deal.

He was a prosecutor for several years so it's possible that he is being genuine. I would prefer to believe that. However, its hard to take Decoste 2.0' entirely at his word given that about six months ago he was telling the media that essentially Cappleman was as guilty as the Adelsons and Rivera/Garcia in charging and holding Magbanua. And that video is still on his IG.

 

[friendlyobserver]

Having a bit more time to digest this, I think this Decoste 2.0 is either personal brand protection mode (i.e, sure we lost, but have you even SEEN how guilty she really was!?) or it's an attempt to thaw out the icey relations between the client/Defense and the State while negotiations on a deal are underway. The fact that he stuck around Talahassee for a week after the verdict suggests that they are definitely trying to deal.

He was a prosecutor for several years so it's possible that he is being genuine. I would prefer to believe that. However, its hard to take Decoste 2.0' entirely at his word given that about six months ago he was telling the media that essentially Cappleman was as guilty as the Adelsons and Rivera/Garcia in charging and holding Magbanua. And that video is still on his IG.

both Decoste and Kawass sisters act like idiots - I have no respect for them. I think there are good defense attorneys out there - these are not