FL - FSU Law Professor Dan Markel Murdered by Hitmen #13 *1 guilty*

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Hiller said:
This is my first post, but I am familiar with this case.

In my view, there is at least one immutable truth in this case: none of the Adelsons would ever, under any circumstances, take a chance that either of the two boys could be put in danger of physical harm while the plot was carried out or be present when their father was killed. Therefore, the plotters would have to know with absolute certainty that the boys were at school/pre-school at the time the murder took place, and not with their father (who had custody on the morning of the murder) or at his home.

Obviously, they were not going to rely on low-life murderers to confirm that the boys were not with their father. Nor do I think they would have been willing to assume that if neither of the boys was in the car when Dan returned home, it was impossible for one of them to have been at his home (e.g., sick home with a babysitter) while Dan was working out. They needed to be 100% sure that Dan dropped the boys off at school/preschool and that is where they were when Dan returned home from the health club.

Assuming that they did not involve third parties (e.g., Wendi’s friends) in the plot, there was only way to achieve that certainty and that was to have Wendi confirm to her satisfaction that the boys were indeed at school/preschool. And the only way to do that, given that Wendi was at home waiting for the smashed TV monitor repairman (her alibi), was for Wendi to communicate electronically with the school/preschool to confirm the boys’ whereabouts. ( I am not going to contemplate that she would rely on anyone else to go to the school(s) to try to confirm that the boys were there or to have someone else call the school(s) and raise suspicion).

I am sure that all of the above is well-known to the prosecution team and that they have explored all communications with the school/pre-school on the morning of the murder and interviewed staff at the school(s). I don’t think that these particular communications would have been focused on in the previous trials, as Wendi was not a defendant. I am certain that there had to be a final “go” communication to Garcia emanating from Wendy, almost certainly communicated to Garcia through KM. I wonder: will details of this be an important part of KM’s proffer?

I welcome comments/contrary opinions/correction of errors.
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Welcome to Websleuths and excellent post!
 
Monday, November 28th:
*Proffer Hearing at State attorney’s office (@ am ET) - FL – Daniel Eric Markel (41) (shot to death July 18, 2014, Tallahassee) - *Katherine Diana Magbanua (32/now 37) (Garcia's wife) arrested (Oct. 2016) & charged with 1st degree murder & 1 count conspiracy & 1 count solicitation of murder were brought together into one case on Tuesday (3/20/18). Plead not guilty. Held without bond.
Murder for Hire hit man. They split a $100K payoff for murder. KM has rejected several offers of immunity for her testimony.
First trial started on 9/23/19 & the jury started deliberations on 10/10-10/11/19 with a total of 11 hours of deliberations. They found Garcia guilty. A mistrial declared for Magbanua. (10-2 for guilty). Will remain in jail as a charged co-conspirator & the State will try her case again.
Re-Trial began on 5/16/22 with jury selection. 12 jurors & 2 alternates (7 women & 7 men). Trial began on 5/18/22. State rested their case on 5/25/22. Defense began their case on 5/26/22 & rested their case on 5/26/22. Jury started deliberations on 5/27/22 (12:45pm to 8:45pm). Total hours of deliberations: ~ 8 hours. Guilty on all charges. Sentenced on 7/29/22 for Count 1: life in prison without the possibility of parole or probation. Count 2 & 3: 2 consecutive 30 years in prison.
Court info & trial from 9/23/19 thru 5/13/22 & Jury Selection Days 1-2 (5/16-5/17/22) & Trial Day 1-8 (5/18-5/27/22) & 5/31/22 reference post #918 here:
https://www.websleuths.com/forums/t...hassee-18-july-2014-arrests-11.620240/page-46
6/16/22 Update: Sentencing hearing on 7/29/22.
7/29/22 Update: Prosecutor Cappelman has one witness, Shelly Markel, Dan’s sister gave her victim impact statement. Defense attorney Kwass gave a statement on behalf of Magbanua. DA Cappelman asks for Count 1: life without parole, Count 2 & 3: 2 30 consecutive years. Defense asks for Count 2 & 3: the lowest 102 months. Credit time served 2, 119 & courts costs $2,625 plus $100. Judge sentenced Magbanua for Count 1: life in prison without the possibility of parole or probation. Count 2 & 3: 2 consecutive 30 years in prison. She has 30 days to appeal. Declares indigent & Judge will appoint a public defender for appeals. 8/31/22: Notice of Appeal.
10/25/22 Update: Magbanua has been transferred from the Women's Reception Center to Lowell Correctional Institute Annex.
11/16/22: Order to Transport. Katherine Magbauna on or before 11/28-11/30/22 for Proffer hearing to Leon County State Attorney's office will be housed as a state witness in the Leon County Jail signed by Judge Robert Wheeler. "Upon completion of the proffer in this cause, the said defendant can be transported back to the Dept. of Corrections, Florida," Wheeler wrote in his order. Christopher DeCoste will be representing Katie.
Accomplices:
*Charles Jay Adelson (45) – Case management hearing on 12/2/22. 4/26/22: Bond denied. Defense attorney asks for an Arthur hearing.
*Sigfredo Garcia (34) – 10/10/19: found guilty of 1st degree murder. Guilty of conspiracy. Not guilty of solicitation. Sentenced to LWOP for murder plus 30 years for conspiracy charge. 11/4/19: Motion to Withdraw as Counsel: Mauricio Padilla; Motion to Withdraw as Counsel: Saam Zangeneh. His appeal was denied.
*Luis Rivera (33) charged with 1st degree murder. Took a plea deal (Oct. 2016) & plead guilty to 2nd degree murder. Testified against Garcia & Magbanua. Will receive 19-year sentence to run concurrently with his 12 year Federal time, which he is already serving.
POIs: Wendi Adelson (ex-wife of Markel), her mom Donna Sue Adelson (68) & father Harvey Adelson. Investigators have not charged any of these people in the Adelson family in connection with Markel’s death, except Charlie; but say Adelson’s mother & brother – Donna & Charlie Adelson – paid $100K to have Markel killed following the couple’s contentious divorce so their two young sons could move to South Florida.
 
vislaw said:
Garcia is the forgotten man now and I hope he feels miserable that he kept quiet out of loyalty to Katie. It certainly appears that he was getting all of his information from Katie so that even if he would choose to cooperate, it wouldn't appear that he could say much that would advance the prosecution of the Adelsons beyond possibly corroborating what Katie is going to say. Moreover, adding him to the mix would risk further weakening Rivera's testimony. Obviously, there's no love lost between those two former friends, so I believe the prosecution wouldn't be terribly interested in offering Garcia anything at all at this point.
Click to expand...

On flips and proffers,

1. According to Saam Zangeneh (Garcia's original attorney), the SAO repeatedly offered SG a deal. In recent correspondence with SG's appeals attorney, Baya Harrison, Harrison writes that that even post-conviction, the state was willing to make a deal with SG for his cooperation. After KM's sentencing, Tara Kawass stated that SG has even more intimate knowledge than KM of the murder plot. SG may choose not to cooperate, but the idea that the state wouldn't be interested is IMHO incorrect.

2. Saam Zanganeh's post-trial statement about WA/CA/DA ("if I was those 3, I would be shaking in my boots") probably just means that SG told him the story of what happened. SG has never said a word. Were he to speak now, he'd be an outstanding witness.

3. Fancy Fiction just posted that Rivera's proffer was taken 10/4, released to the defense on 10/7, and posted online by 10/10. We will not have to wait to CA"s trial to see this proffer.

4. Prior to a recorded proffer, the attorneys talk, so the SAO already knows in general what KM will say.

On the impossibility of new evidence,

1. It has repeatedly been claimed here that no new evidence can emerge in the CA case, that the SAO would have had to disclose it for KM's trial. However, according to CA's attorney a few months ago, the SAO has introduced an additional 500+ hours of wiretaps into evidence that were not used in the KM case.

2. Close followers of the case who look at the discovery documents (on the "Close Up" account on YouTube) will also notice additional new evidence not disclosed at KM's trial.

New wiretaps and KM's proffer could really change the picture, at present most commentators have been focused on the evidence that was used to convict SG and KM.
 
For SG to have more intimate knowledge of the murder plot, he would have to know Charlie was the “buyer.” That means KM was telling SG (since I think it’s safe to assume SG was not in direct contact with Charlie to hatch this plot) what Charlie wanted done/how much he would pay etc and SG had no problems being Charlie’s hired gun. That goes against the state’s theory of the conspiracy and SG’s demonstrated animosity towards Charlie. I don’t believe any other Adelsons would have direct contact with SG. Also, if SG had direct knowledge/direct contact of Charlie’s involvement he would’ve told LR. He had no problem with LR knowing KM was involved but hid Charlie’s involvement?

Wendi calling the school to confirm the boys were there and then giving the go-ahead to KM? Idk. Seems too risky for Wendi. Assuming Wendi and KM used burners to avoid police detection, there would be a record at the school of Wendi’s call. It would be extremely stupid of Wendi to do that right before her ex-husband is killed. Hmm. I think KM could’ve effectively communicated to SG about making sure the kids were nowhere near and given that both LR and SG are fathers, I think it’s safe to assume they would abide by this rule. And KM knows that. In either case, I’m not sure it’s a convincing argument that Wendi is so concerned about her kids trauma in witnessing their father’s death since she had ordered it.
 
Weki said:
For SG to have more intimate knowledge of the murder plot, he would have to know Charlie was the “buyer.” That means KM was telling SG (since I think it’s safe to assume SG was not in direct contact with Charlie to hatch this plot) what Charlie wanted done/how much he would pay etc and SG had no problems being Charlie’s hired gun. That goes against the state’s theory of the conspiracy and SG’s demonstrated animosity towards Charlie. I don’t believe any other Adelsons would have direct contact with SG. Also, if SG had direct knowledge/direct contact of Charlie’s involvement he would’ve told LR. He had no problem with LR knowing KM was involved but hid Charlie’s involvement?

Wendi calling the school to confirm the boys were there and then giving the go-ahead to KM? Idk. Seems too risky for Wendi. Assuming Wendi and KM used burners to avoid police detection, there would be a record at the school of Wendi’s call. It would be extremely stupid of Wendi to do that right before her ex-husband is killed. Hmm. I think KM could’ve effectively communicated to SG about making sure the kids were nowhere near and given that both LR and SG are fathers, I think it’s safe to assume they would abide by this rule. And KM knows that. In either case, I’m not sure it’s a convincing argument that Wendi is so concerned about her kids trauma in witnessing their father’s death since she had ordered it.
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Good points. I go back and forth on this issue. I do believe the Adelsons would definitely have taken steps to insure the boys were not present when the hit went down. The question is what those steps would be. The good news is that Katie should know what was done since she would have been the handler with Garcia and Rivera.

I was quite pleased to read Fancy Fiction's comment regarding how quickly Rivera's proffer was delivered to the defense and then made public. I am wondering if we're soon going to see a press conference in which Georgia both releases the proffer and announces new indictments. Fingers crossed.
 
Hiller said:
This is my first post, but I am familiar with this case.

In my view, there is at least one immutable truth in this case: none of the Adelsons would ever, under any circumstances, take a chance that either of the two boys could be put in danger of physical harm while the plot was carried out or be present when their father was killed. Therefore, the plotters would have to know with absolute certainty that the boys were at school/pre-school at the time the murder took place, and not with their father (who had custody on the morning of the murder) or at his home.

Obviously, they were not going to rely on low-life murderers to confirm that the boys were not with their father. Nor do I think they would have been willing to assume that if neither of the boys was in the car when Dan returned home, it was impossible for one of them to have been at his home (e.g., sick home with a babysitter) while Dan was working out. They needed to be 100% sure that Dan dropped the boys off at school/preschool and that is where they were when Dan returned home from the health club.

Assuming that they did not involve third parties (e.g., Wendi’s friends) in the plot, there was only way to achieve that certainty and that was to have Wendi confirm to her satisfaction that the boys were indeed at school/preschool. And the only way to do that, given that Wendi was at home waiting for the smashed TV monitor repairman (her alibi), was for Wendi to communicate electronically with the school/preschool to confirm the boys’ whereabouts. ( I am not going to contemplate that she would rely on anyone else to go to the school(s) to try to confirm that the boys were there or to have someone else call the school(s) and raise suspicion).

I am sure that all of the above is well-known to the prosecution team and that they have explored all communications with the school/pre-school on the morning of the murder and interviewed staff at the school(s). I don’t think that these particular communications would have been focused on in the previous trials, as Wendi was not a defendant. I am certain that there had to be a final “go” communication to Garcia emanating from Wendy, almost certainly communicated to Garcia through KM. I wonder: will details of this be an important part of KM’s proffer?

I welcome comments/contrary opinions/correction of errors.
Click to expand...
My 2 cents. I think it would be unusual for even a divorced parent to call the school directly to confirm attendance. I think it's been mentioned before that WA and DM at least texted each other re: dropoffs/pickups. Such a call would be remembered by the school as unusual.

(Also, I'm dying to finally find out who paid KM's legal fees)
 
Hiller said:
Obviously, they were not going to rely on low-life murderers to confirm that the boys were not with their father. Nor do I think they would have been willing to assume that if neither of the boys was in the car when Dan returned home, it was impossible for one of them to have been at his home (e.g., sick home with a babysitter) while Dan was working out. They needed to be 100% sure that Dan dropped the boys off at school/preschool and that is where they were when Dan returned home from the health club.
Click to expand...

Remember that during Tallahassee trip #1 taken by LR/SG, they did indeed recognize that DM was with his kids constantly, thus scrubbing the murder. LR has a quote, something like "we weren't going to kill him in front of his kids". But you are right, you wouldn't want to trust these two thugs to get this 100% correct.
 
I don’t think it would be unusual for Wendi to call the school that day because every thing she has done has been unusual. She’s an unusual person who has unusual behavior. If she did call the school, she may not have used the excuse that she was checking attendance, but asked something else that implied the children were in class. LE has all her phone records, and have no doubt checked with the school. It’ll come out either way if she did.

Oh to be a fly on the wall in Ms Cappleman’s office today!
 
Totally OT, but a family member of mine went through a very contentious divorce and child custody battle. To this day the ex husband often calls the private school where the child attends to make sure the child was dropped off on time and wasn’t late. He has even buddied up with the secretary to report to him any tardiness or odd behavior by the ex wife.
 
On the morning of the murder, according to the call records, Dan dropped the children off at Preschool at 8:50 am. He called Wendi at 9:02 am for a one minute duration. She stated in her interview later that day that she had missed his call because the TV repairman was there. I believe he left Wendi a message telling her he dropped the boys and perhaps she had previously requested he do so. That was her confirmation the boys were safe.
 
bbkitty said:
On the morning of the murder, according to the call records, Dan dropped the children off at Preschool at 8:50 am. He called Wendi at 9:02 am for a one minute duration. She stated in her interview later that day that she had missed his call because the TV repairman was there. I believe he left Wendi a message telling her he dropped the boys and perhaps she had previously requested he do so. That was her confirmation the boys were safe.
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Yep I recall in WA’s police interview video she talked about this message from DM. In fact I think there was something in the message about him saying he was going to the gym but would be out in an hour or so. Their dispute of the day that day seemed to be over one of the kid’s kindergarten enrollment and which school they should go to, and that is also why DM was talking on his phone to someone from a local school at the time of the shooting.
 
Mariposa said:
Does anyone have a guess how Craig Isom tracked WA down at Mozaik restaurant after the shooting? I think on the interview video she asks him and he kind of chuckles and says we have ways.
Click to expand...
I don't recall anything published in MSM about Retired Det Isom tracking WA down at Mozaik but I imagine he pinged her phone to locate her at Mozaik. JMO

www.tallahassee.com

Dan Markel case: Lead TPD investigator traces evidence trail that led to conspiracy allegation

It's not likely Dan Markel’s ex-wife Wendi Adelson will be questioned about the State Attorney Office’s theory that her family paid to have him killed.
www.tallahassee.com

9/27/19

Isom said he learned of the couple’s contentious divorce, which Assistant State Attorney Georgia Cappleman contends was an alleged motive for Wendi Adelson’s brother Charlie Adelson and mother Donna Adelson’s involvement in the murder.

He reviewed 575 pages of divorce proceedings as well as tense emails between Wendi Adelson and her mother.

“The emails from her mother were strong suggestions, if not demands, of what she should do to facilitate her and her children moving back to South Florida,” Isom said. “She suggested threatening Dan Markel with the children going to a Catholic Church even though he was devout Jewish. She suggested a bribe, $1 million split between Wendi, Donna and her husband Harvey and their son, which is Wendi’s older brother Charlie.”
 
Not too sure IF Magbauna will be there again today - but I will go ahead & post this since the transport item said 11/28 to 11/30.

Tuesday, November 29th:
*Proffer Hearing at State attorney’s office (Day 2) (@ am ET) - FL – Daniel Eric Markel (41) (shot to death July 18, 2014, Tallahassee) - *Katherine Diana Magbanua (32/now 37) (Garcia's wife) arrested (Oct. 2016) & charged with 1st degree murder & 1 count conspiracy & 1 count solicitation of murder were brought together into one case on Tuesday (3/20/18). Plead not guilty. Held without bond.
Murder for Hire hit man. They split a $100K payoff for murder. KM has rejected several offers of immunity for her testimony.
First trial started on 9/23/19 & the jury started deliberations on 10/10-10/11/19 with a total of 11 hours of deliberations. They found Garcia guilty. A mistrial declared for Magbanua. (10-2 for guilty). Will remain in jail as a charged co-conspirator & the State will try her case again.
Re-Trial began on 5/16/22 with jury selection. 12 jurors & 2 alternates (7 women & 7 men). Trial began on 5/18/22. State rested their case on 5/25/22. Defense began their case on 5/26/22 & rested their case on 5/26/22. Jury started deliberations on 5/27/22 (12:45pm to 8:45pm). Total hours of deliberations: ~ 8 hours. Guilty on all charges. Sentenced on 7/29/22 for Count 1: life in prison without the possibility of parole or probation. Count 2 & 3: 2 consecutive 30 years in prison. Appeal filed 8/31/22.
Court info & trial from 9/23/19 thru 10/25/22 reference post #528 here:
https://www.websleuths.com/forums/t...n-markel-murdered-by-hitmen-13.631568/page-27
11/16/22: Order to Transport. Katherine Magbauna on or before 11/28-11/30/22 for Proffer hearing to Leon County State Attorney's office will be housed as a state witness in the Leon County Jail signed by Judge Robert Wheeler. "Upon completion of the proffer in this cause, the said defendant can be transported back to the Dept. of Corrections, Florida," Wheeler wrote in his order. Christopher DeCoste will be representing Katie. 11/28/22 Update: Proffer hearing continued on 11/29/22.
Accomplices:
*Charles Jay Adelson (45) – Case management hearing on 12/2/22. 4/26/22: Bond denied. Defense attorney asks for an Arthur hearing.
*Sigfredo Garcia (34) – 10/10/19: found guilty of 1st degree murder. Guilty of conspiracy. Not guilty of solicitation. Sentenced to LWOP for murder plus 30 years for conspiracy charge. 11/4/19: Motion to Withdraw as Counsel: Mauricio Padilla; Motion to Withdraw as Counsel: Saam Zangeneh. His appeal was denied.
*Luis Rivera (33) charged with 1st degree murder. Took a plea deal (Oct. 2016) & plead guilty to 2nd degree murder. Testified against Garcia & Magbanua. Will receive 19-year sentence to run concurrently with his 12 year Federal time, which he is already serving.
POIs: Wendi Adelson (ex-wife of Markel), her mom Donna Sue Adelson (68) & father Harvey Adelson. Investigators have not charged any of these people in the Adelson family in connection with Markel’s death, except Charlie; but say Adelson’s mother & brother – Donna & Charlie Adelson – paid $100K to have Markel killed following the couple’s contentious divorce so their two young sons could move to South Florida.
 
I have a question. If a grand jury is convened soon for possible indictment of other Adelson family members, could and would KM be called to testify at that secret meeting? If so, would we see another transport order to Tallahassee for KM in the future? Say she is giving up other Adelson family members, would the State need her in person for testimony at a grand jury?
 
yazoost said:
I bet part of this deal is that she gets to stay in Leon Co. Jail until she testifies. I don't know if that's true, but it would seem obvious to ask for and easy to accommodate.
Click to expand...

Not likely - the Judge wrote in the transfer order:

"Upon completion of the proffer in this cause, the said defendant can be transported back to the Dept. of Corrections, Florida," Wheeler wrote in his order
 
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