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

[GordonX]

Narcissistic personality disorder - NPD

Signs and symptoms of narcissistic personality disorder and the severity of symptoms vary. People with the disorder can:

Have an exaggerated sense of self-importance
Have a sense of entitlement and require constant, excessive admiration
Expect to be recognized as superior even without achievements that warrant it
Exaggerate achievements and talents
Be preoccupied with fantasies about success, power, brilliance, beauty or the perfect mate
Believe they are superior and can only associate with equally special people
Monopolize conversations and belittle or look down on people they perceive as inferior
Expect special favors and unquestioning compliance with their expectations
Take advantage of others to get what they want
Have an inability or unwillingness to recognize the needs and feelings of others
Be envious of others and believe others envy them
Behave in an arrogant or haughty manner, coming across as conceited, boastful and pretentious
Insist on having the best of everything — for instance, the best car or office

At the same time, people with narcissistic personality disorder have trouble handling anything they perceive as criticism, and they can:

Become impatient or angry when they don't receive special treatment
Have significant interpersonal problems and easily feel slighted
React with rage or contempt and try to belittle the other person to make themselves appear superior
Have difficulty regulating emotions and behavior
Experience major problems dealing with stress and adapting to change
Feel depressed and moody because they fall short of perfection
Have secret feelings of insecurity, shame, vulnerability and humiliation

Narcissistic personality disorder - Symptoms and causes

www.mayoclinic.org

 

[KidonGadol]

The State could go for the death penalty. People do accept a deal for LWOP if the State seeks death.

with respect I don't think that will work. In FL the jury has to recommend the penalty in death P cases if defendant is found guilty. What have we got for Charles A ?

1. The Dolce Vita conversation which under the ruling form J Wheeler can be considered as a candidate for conspiracy. there's no guarantee he will be the judge on CJA's case.

2 . The audio item D which is very clear and in which he "enhances " the data given to his mother.
3. One phone call to Wendi on the 18th July prior to the murder. But it's his sister - he's allowed to call.

4. Plenty of phone calls to KM who is now judged guilty.

5. No witness proof that he ever handled the money. Bear in mind only Rivera talks about the payment being stapled. Rivera says a lot of things and plenty of them were shot down by deCoste in cross examination (and others have been wrong since the first trial) . Eg.

* SG to KM phone call on 17th at or near lunch time - does not exist. Rivera suddenly decided the explanation was that SG had a second burner phone.
* Wendi's alleged cell phone call from Markel's area on the 17th . Never proven. her phone has been dumped using Cellbright. It's not there.
* Rivera at one stage said two guns went north on the murder trip. But asked by Isom in the proffer, he talks about the murder weapon being left in the car overnight with no talk of any other guns (this is exactly one hour into the proffer posted by Crime Vault) . (he finally admitted one gun to deCoste in cross examination). I think he's confused with the first trip.

If you eliminate Guilt by association (item 4) and assume Rivera will have minimal testimony in any future trial because his evidence is flaky and because he had zero interaction with CA then you are left with "circumstantial " evidence alone. A jury with any sense will not convict on that alone for a death sentence. So threatening to charge him on that basis probably won't concern his lawyers.

On that matter - has the Arrest Warrant an probable cause document for CA ever been posted yet ?

 

[GordonX]

I think suicide is likely too. He would probably feel like he was "saving" his family. (DA and WA) I can't imagine him settling down for a long sentence. Dental professionals have a high suicide rate all around the world, without facing murder charges.
At risk of sounding really mean, I'm pleased with the idea that DA and WA are quite stressed at the moment. I hope they are jumping at shadows. Justice has been a long time coming for Dan.

i don't think CA would suicide. in his mind he always wins. in his mind money solves everything. in his mind he's smarter than everyone else. in his mind he's entitled. gigantic ego. NPD. i do wonder tho how closely they are watching him and if they are taking any steps to prevent it. his mistake was not feeling the country long ago - but he probably thought he was untouchable. he had plenty of time and money to make a nice nest for himself in a non extradition treaty country and he had the excuse to travel there of international charity dental work. money and bribes open up doors - especially in foreign countries. too late now. as the kids say - he dun goofed.

 

[GordonX]

with respect I don't think that will work. In FL the jury has to recommend the penalty in death P cases if defendant is found guilty. What have we got for Charles A ?

1. The Dolce Vita conversation which under the ruling form J Wheeler can be considered as a candidate for conspiracy. there's no guarantee he will be the judge on CJA's case.

2 . The audio item D which is very clear and in which he "enhances " the data given to his mother.
3. One phone call to Wendi on the 18th July prior to the murder. But it's his sister - he's allowed to call.

4. Plenty of phone calls to KM who is now judged guilty.

5. No witness proof that he ever handled the money. Bear in mind only Rivera talks about the payment being stapled. Rivera says a lot of things and plenty of them were shot down by deCoste in cross examination (and others have been wrong since the first trial) . Eg.

* SG to KM phone call on 17th at or near lunch time - does not exist. Rivera suddenly decided the explanation was that SG had a second burner phone.
* Wendi's alleged cell phone call from Markel's area on the 17th . Never proven. her phone has been dumped using Cellbright. It's not there.
* Rivera at one stage said two guns went north on the murder trip. But asked by Isom in the proffer, he talks about the murder weapon being left in the car overnight with no talk of any other guns (this is exactly one hour into the proffer posted by Crime Vault) . (he finally admitted one gun to deCoste in cross examination). I think he's confused with the first trip.

If you eliminate Guilt by association (item 4) and assume Rivera will have minimal testimony in any future trial because his evidence is flaky and because he had zero interaction with CA then you are left with "circumstantial " evidence alone. A jury with any sense will not convict on that alone for a death sentence. So threatening to charge him on that basis probably won't concern his lawyers.

On that matter - has the Arrest Warrant an probable cause document for CA ever been posted yet ?

Mark Sievers got the death penalty -

Judge sentences Mark Sievers to death for the murder of his wife

A last-minute plea to prevent a death sentence. Mark Sievers fought for his life Friday before Judge Bruce Kyle sentenced him to death for orchestrating his wife Teresa’s murder. Moving forward in the worst of circumstances. “Our focus now is to go on to take care of the girls, give them the...

www.winknews.com

 

[KidonGadol]

Mark Sievers got the death penalty -

Judge sentences Mark Sievers to death for the murder of his wife

A last-minute plea to prevent a death sentence. Mark Sievers fought for his life Friday before Judge Bruce Kyle sentenced him to death for orchestrating his wife Teresa’s murder. Moving forward in the worst of circumstances. “Our focus now is to go on to take care of the girls, give them the...

www.winknews.com

That's very true but it was his wife he had killed , not his Sister's husband. Plus he stood to gain a large insurance payout from it (I'm not sure if it was paid , I think the insurance company applied for a ruling). So you have premeditation, murder for hire, murder for money and murder of a spouse to avoid a divorce.
AND one of the hammer killers turned state's evidence and gave evidence corroborated details of how the killing was arranged so there was absolutely no doubt that Sievers commissioned it.

We are still waiting for KM to do that.

There are a few parallels but that's it .

Sievers may not have had sacks of gold for lawyers either. Call me a cynic.

 

[GordonX]

That's very true but it was his wife he had killed , not his Sister's husband. Plus he stood to gain a large insurance payout from it (I'm not sure if it was paid , I think the insurance company applied for a ruling). So you have premeditation, murder for hire, murder for money and murder of a spouse to avoid a divorce.
AND one of the hammer killers turned state's evidence and gave evidence corroborated details of how the killing was arranged so there was absolutely no doubt that Sievers commissioned it.

We are still waiting for KM to do that.

There are a few parallels but that's it .

Sievers may not have had sacks of gold for lawyers either. Call me a cynic.

GC said - "This is about the most premeditated murder imaginable."

 

[Weki]

I agree it will be difficult to convict CA let alone DA and WA. Unless KM turns on him CA has a good chance of acquittal. Basically all they have is the Dolce Vida audio, right? And the calls between him and DA and KM. I mean, it’s good but Is it beyond a reasonable doubt good? To us, maybe. But a jury has to go through all those elements of a crime and be convinced!

KM is the only one that can give up CA to guarantee a conviction. She will appeal and want to wait that out before turning (if she ever does). So CA should ask for a speedy trial.

 

[Dorothy Jane]

Mark Sievers got the death penalty -

Judge sentences Mark Sievers to death for the murder of his wife

A last-minute plea to prevent a death sentence. Mark Sievers fought for his life Friday before Judge Bruce Kyle sentenced him to death for orchestrating his wife Teresa’s murder. Moving forward in the worst of circumstances. “Our focus now is to go on to take care of the girls, give them the...

www.winknews.com

Yes. This was a fascinating case and he was pretty insulated from the crime by alibi. I think with a good judge like the excellent Judge Wheeler, Charlie will go down. I think having the three others convicted will be hard to overlook.

 

[vislaw]

... Unless KM turns on him CA has a good chance of acquittal. Basically all they have is the Dolce Vida audio, right? And the calls between him and DA and KM. I mean, it’s good but Is it beyond a reasonable doubt good? To us, maybe. But a jury has to go through all those elements of a crime and be convinced!

KM is the only one that can give up CA to guarantee a conviction. She will appeal and want to wait that out before turning (if she ever does). So CA should ask for a speedy trial.

I respectfully disagree and I find it difficult to imagine how CA gets acquitted even if Katie doesn't sing. The state has a huge advantage now. They have proven the existence of a murder for hire conspiracy and have achieved convictions of the hitmen and the organizer. None of the convicted players had a motive or connection to the victim. Charlie and the Adelsons had the motive and the (stapled) cash. All that will be necessary to achieve a conviction is proof that meets the Florida criminal conspiracy statute:

Under Florida Statute Section 777.04(3), a “person who agrees, conspires, combines, or confederates with another person or persons to commit any offense commits the offense of criminal conspiracy.”

A very credible witness (Lacasse) testified that Wendi Adelson confided in him that Charlie had investigated what it would take to hire a hitman to kill Markel and actually quoted dollar figures. While the Dolce Vita recording is damning, there is also a plethora of additional recorded conversations in which Charlie implicates himself as part of the conspiracy. We also have extraordinary "flurries" of communication between the now convicted conspirator Magbanua with Charlie prior to and following the murder. Were those just coincidental exchanges of sweet nothings? We have Katie taking the unusual step of dropping her kids off for the night so she can drive to Charlie's and return with a wad of cash the day after the murder. Is he going to say she somehow snuck into his safe and got the cash?

In Charlie's case the jury will start out with the premise that Katherine Magbanua arranged the murder of Professor Markel by paying substantial sums of stapled cash to Messrs. Garcia and Rivera. I don't envy Charlie's lawyer having to explain why he was communicating in code with Katie, offering her cruises, cash, and a fraudulent place on the family payroll. Perhaps he will take the stand and say, "Damn, that Katie always babbled on about 'scenarios' and I had no idea what she was talking about."

Seriously. I would be very interested to hear somebody take a stab at outlining Charlie's defense at trial. I don't think that dog hunts.

 

[Blue Shakehead]

Seriously. I would be very interested to hear somebody take a stab at outlining Charlie's defense at trial. I don't think that dog hunts.

If we assume that much of the same evidence will be shown at the next trial, I think Charlie (and Donna's) legal defense strategy will be based on accusing the Magbanua/Garcia/Rivera group as a part of the criminal enterprise that acted on their own to murder Markel and then extort Charlie and the Adelson family afterwards. The Magbanua/Latin King group saw this as a lottery win, where they could hold it over the family forever because Charlie had made some heated remarks and jokes about wanting Markel dead in the past.

I didn't say it was a good defense! Thats just my guess. We can't really say precisely what the Adelson defense will be until they pick which sets of facts (and more importantly: lies) they want to focus on. Also, Charlie's defense will most likely be won or lost in the pre-trial motions to try to exclude certain evidence.

 

[Florida_marlin]

My opinion only.

Arrest DA. Make it known so she cannot miss “at least one more arrest is coming”. She will absolutely hate the arrest/jail experience and do anything to avoid WA having that experience. She will roll on CA and herself to save WA.

I think KM is the key to WA if indeed WA was involved in the plot.

I Don’t think CA will suicide himself. He’s too prideful for that.

so, I think the next few days/weeks are critical in how this goes forward. The State has some decisions to make and the already convicted and charged can force the state’s hand with any moves they make.

i cannot believe at this point that KM won’t make a move to do anything to get any relief in her life sentence situation.

 

[vislaw]

If we assume that much of the same evidence will be shown at the next trial, I think Charlie (and Donna's) legal defense strategy will be based on accusing the Magbanua/Garcia/Rivera group as a part of the criminal enterprise that acted on their own to murder Markel and then extort Charlie and the Adelson family afterwards. The Magbanua/Latin King group saw this as a lottery win, where they could hold it over the family forever because Charlie had made some heated remarks and jokes about Markel in the past.

I didn't say it was a good defense! Thats just my guess. We can't really say precisely what the Adelson defense will be until they pick which sets of facts (and more importantly LIES) they want to focus on. Also, Charlie's defense will most likely be won or lost in the pre-trial motions to try to exclude certain evidence.

That's a good stab and I appreciate your effort. However, it really does emphasize the pickle Mr. Adelson is in. Katie is a convicted conspirator with the bumbling Rivera/Garcia duo and they all get paid cash the day after the murder. Its kind of hard to work in an extortion plot with those facts. The bank accounts of the trio establish they were bouncing checks and living hand-to-mouth until getting cash immediately after the murder. It might seem sort of plausible if there was evidence of any sort of extortion or blackmail attempt, but the only one that occurs turns out to be the FBI doing the bump.

 

[Weki]

All I’m saying is the evidence against CA is highly circumstantial. Obviously the state feels they have enough to arrest/charge and maybe even convict. We’ll see. I think KM turning on him would be HUGE for the state. Hence why they were offering full immunity from what I read in this thread. They knew she was key to convicting CA. They wouldn’t be offering full immunity if they could convict CA with what they had. Im not sure how much the Dolce Vida audio moves the needle. Unless there’s other evidence we haven’t seen. But I still maintain DA and WA will never be indicted. JMO.

 

[AlferdPacker]

If you read back on the threads here in 2016, you will see people predicting that CA will never be indicted, because there isn't enough evidence.
He's in Leon County Jail.
There's a lesson there.

 

[serifina]

All I’m saying is the evidence against CA is highly circumstantial. Obviously the state feels they have enough to arrest/charge and maybe even convict. We’ll see. I think KM turning on him would be HUGE for the state. Hence why they were offering full immunity from what I read in this thread. They knew she was key to convicting CA. They wouldn’t be offering full immunity if they could convict CA with what they had. Im not sure how much the Dolce Vida audio moves the needle. Unless there’s other evidence we haven’t seen. But I still maintain DA and WA will never be indicted. JMO.

There is still LOTS of evidence we haven’t seen.

 

[GordonX]

I think the State has CA dead to rights.

 

[vislaw]

All I’m saying is the evidence against CA is highly circumstantial. Obviously the state feels they have enough to arrest/charge and maybe even convict. We’ll see. I think KM turning on him would be HUGE for the state. Hence why they were offering full immunity from what I read in this thread. They knew she was key to convicting CA. They wouldn’t be offering full immunity if they could convict CA with what they had. Im not sure how much the Dolce Vida audio moves the needle. Unless there’s other evidence we haven’t seen. But I still maintain DA and WA will never be indicted. JMO.

I enjoy civil discussions like this and I respect your opinions. I do think it is important to note that Cappleman made it very clear after the last trial that the original offer of full immunity was no longer an option. They made the offer before they had any convictions and when they hoped to proceed to trial against the Adelsons. Magbanua and Garcia made that impossible when they both refused to cooperate.

It is a completely different world now with three convictions and the functional portion of the conspiracy now established. Many people believe circumstantial evidence is somehow inferior to direct evidence. Any prosecutor will tell you that a strong circumstantial case is equal to a case founded on direct evidence. In fact, murder (which requires proof of specific intent or a mental state) almost always rests upon circumstantial evidence.

The easy test, in my opinion, is to do a thought exercise and imagine what the defense closing argument would be on behalf of Charlie. Unless he takes the stand, his defense is going to have to have some plausible explanation for his extremely interwoven involvement with convicted murderer Magbanua. I respectfully don't understand how you can feel the Dolce Vita audio may not "move the needle." I'm not arguing with you. I'm just really curious whether you seriously have ANY doubt that Charlie was involved in the conspiracy and, if you do, why you harbor such doubt. If you don't have any doubt that Charlie was involved, why would you feel a jury might?

 

[vislaw]

There is still LOTS of evidence we haven’t seen.

I personally doubt there is much evidence we haven't seen. I'm hard pressed to imagine any evidence that could inculpate the Adelsons that would not have been used in the trial we just saw. Clearly, Cappleman tried to bring in as much as possible to paint the Adelsons as the bad guys. Certainly, if there were any more recordings establishing a conspiracy we would have heard them and we've seen the full records of call activity. It was important to the prosecution to make the jury believe there was a conspiracy by the Adelsons. I just can't imagine them not using evidence toward that end if they had it.

 

[Blue Shakehead]

That's a good stab and I appreciate your effort. However, it really does emphasize the pickle Mr. Adelson is in. Katie is a convicted conspirator with the bumbling Rivera/Garcia duo and they all get paid cash the day after the murder. Its kind of hard to work in an extortion plot with those facts. The bank accounts of the trio establish they were bouncing checks and living hand-to-mouth until getting cash immediately after the murder. It might seem sort of plausible if there was evidence of any sort of extortion or blackmail attempt, but the only one that occurs turns out to be the FBI doing the bump.

100% agreed. If Charlie Adelson was tried using the same evidence used vs. Magbanua (including her cell phone call logs to the killers and location data), Magbanua's financial records and her no-show job, Jessica Rodriquez testimony and Yindra Velazquez-Mascaro's testimony -- the prosecution's case against Charlie Adelson might actually be stronger than it was against Magbanua. So thats why the defense will be trying to exclude a lot of the "Magbanua" evidence. And also why this evidence is so important against Charlie (and why Magbanua's defense, who had been delaying Katie's case for years also finally agreed to rush to trial after Charlie's arrest to avoid a scenario where those two were tried together).

All the post-bump wiretap evidence, especially the enhanced Dolce audio is extremely damaging to Charlie whereas against Magbanua it was far less so, as we couldn't hear her at all. We could only use Dolce against Magbanua for what she DIDN'T do - which is call the cops, angrily profess her innocence and lack of involvement, run out of the room. Meanwhile, for Charlie, the evidence of evasion is very incriminating and we have plenty of it. The secret meetings with his parents outside of their apartment buildings because they thought Donna's place could bugged (not just with Donna, but with Harvey and Donna!). The talking in code. Personally phoning the FBI extortionist, celebratory phone calls with DA and KM about how he figured out it was the police and not gangsters.

We have to remember that several mob bosses have been taken down by saying less on wires - talking in code about murders.

So Charlie should be done.

 

[AlferdPacker]

I personally doubt there is much evidence we haven't seen. I'm hard pressed to imagine any evidence that could inculpate the Adelsons that would not have been used in the trial we just saw. Clearly, Cappleman tried to bring in as much as possible to paint the Adelsons as the bad guys. Certainly, if there were any more recordings establishing a conspiracy we would have heard them and we've seen the full records of call activity. It was important to the prosecution to make the jury believe there was a conspiracy by the Adelsons. I just can't imagine them not using evidence toward that end if they had it.

I'll just say one last time, I believe there's a lot we haven't seen. In 2016, this thread blew up with insiders (many lawyers from Tally), and specifics were discussed. If you're right that the prosecution put forth everything they have, then Charlie's discovery file won't include any new important information over the next few months.