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

[vislaw]

Agree completely. I suspect they will do everything they can to keep them out of court but they don't have any legs to stand on do they?

There are strong considerations in favor of trying them together and judicial economy is a big one. However, they will NOT be tried together if Charlie insists on his right to a speedy trial and the co-conspirators are not indicted. The constitution requires that Charlie have his day in court if he insists on it. So far Charlie's attorneys have not pressed due process and have been content to let the case be continued. At some point in 2023 that may become an issue, though, so my best guess is that the Adelsons will be indicted some time in the next few months to avoid that possibility.

 

[Weki]

@BSBC you are correct! There is no immunity agreement. The state subpoena itself confers derivative use immunity. The defense subpoena was quashed since she would plead the 5th.

Go to 27:48:

 

[vislaw]

@BSBC you are correct! There is no immunity agreement. The state subpoena itself confers derivative immunity. The defense subpoena was quashed since she would plead the 5th.
Go to 27:48:

Good job finding this testimony. It sure sounds like both sides accepted the subpoena would confer use/derivative use immunity and that was that with nothing in writing. They obviously reached an understanding as to what questions would be asked and Wendi was well-prepared, but I'll concede that was most likely done informally as they prepared for trial.

 

[Seattle1]

Good job finding this testimony. It sure sounds like both sides accepted the subpoena would confer use/derivative use immunity and that was that with nothing in writing. They obviously reached an understanding as to what questions would be asked and Wendi was well-prepared, but I'll concede that was most likely done informally as they prepared for trial.

Yay and good on @Weki for providing the clip, and thank you!

Given Florida's Sec. 914.04, as amended, does not confer each type of criminal immunity, it follows that the statute would not eliminate the prosecutor's discretion in granting immunity or expressly prohibit the grant of immunity by agreement.

Listening here to the Judge address the non-party motion by WA, I believe this exchange together with the prior day's ruling referenced by the Court surrounding WA's testimony provided sufficient assurance to WA and her team that she did not fear further state prosecution, and would explain why there may not have been an immunity agreement -- but not because it was prohibited by the statute.

Per WA's "smiley" 2019 testimony cited below where she doesn't appear to fear being arrested by the state, clearly, the state and WA settled on an implied (albeit informal) agreement to the questions in advance of her testimony. MOO

Under questioning, Adelson briefly discussed her immunity, which prevents her testimony from being used against her but does not preclude the state from ever charging her. When asked about whether she may ever be arrested, Adelson broke into a smile.

“The state isn’t going to decide to arrest me,” Adelson said.

^^rsbm

 

[BearWatcher]

Would they also be ‘allowed’ or expected’ to receive the questions from the defense for KM? The Decoste questions and Wendi’s responses sounded very rehearsed to me. Although I suspect an experienced attorney could / would have anticipated the questions for WA and have her work on responses and tone desired for her response? Or am I just way out in left field here with lack of knowledge about the legal system?

 

[TTF14]

Would they also be ‘allowed’ or expected’ to receive the questions from the defense for KM? The Decoste questions and Wendi’s responses sounded very rehearsed to me. Although I suspect an experienced attorney could / would have anticipated the questions for WA and have her work on responses and tone desired for her response? Or am I just way out in left field here with lack of knowledge about the legal system?

I would imagine that Wendi's personal knowledge of the law AND her personal knowledge of the crime/guilty knowledge would make her able to anticipate questions and prepare herself for them.

God, I can't wait until all of these demons are behind bars.

 

[Seattle1]

Would they also be ‘allowed’ or expected’ to receive the questions from the defense for KM? The Decoste questions and Wendi’s responses sounded very rehearsed to me. Although I suspect an experienced attorney could / would have anticipated the questions for WA and have her work on responses and tone desired for her response? Or am I just way out in left field here with lack of knowledge about the legal system?

In the trial video posted by @Weki, the exchange between Judge Wheeler and WA's attorney beginning at about the 28 min marker explains what happened in court when WA was subpoenaed by the state and later by KM's defense last April. Perhaps the reason WA's response during her cross-examination by defense attorney DeCoste sounded rehearsed was because the court limited the scope of DeCoste's examination and did not allow any piggybacking.

IMO, WA's Motion linked below for Permission to Place a Statement on Record, and to Quash the Defense Subpoena, is also a worthy read for how WA responded when she was compelled to testify by a state subpoena.

Motion For Permission To Place Statement On Record, Quash Defense Subpoena For Wendi Adelson | PDF

Wendi Adelson’s attorneys are now saying she intends to plead the fifth and is asking the judge to throw out a defense subpoena to testify in the retrial of Katherine Magbanua.

www.scribd.com

 

[Snoop Sister]

I meant no disrespect to the podcaster and his mom, I just didn’t like all the interruptions or style of interviewing. Much respect to him though for documenting his mom’s words and what mom lived through.

Yes, I did not like the constant interruptions but other than that I enjoyed watching the podcast. It would not be my style of interviewing though.

 

[Pyrite]

In the trial video posted by @Weki, the exchange between Judge Wheeler and WA's attorney beginning at about the 28 min marker explains what happened in court when WA was subpoenaed by the state and later by KM's defense last April. Perhaps the reason WA's response during her cross-examination by defense attorney DeCoste sounded rehearsed was because the court limited the scope of DeCoste's examination and did not allow any piggybacking.

IMO, WA's Motion linked below for Permission to Place a Statement on Record, and to Quash the Defense Subpoena, is also a worthy read for how WA responded when she was compelled to testify by a state subpoena.

Motion For Permission To Place Statement On Record, Quash Defense Subpoena For Wendi Adelson | PDF

Wendi Adelson’s attorneys are now saying she intends to plead the fifth and is asking the judge to throw out a defense subpoena to testify in the retrial of Katherine Magbanua.

www.scribd.com

doesn’t the decision by the judge limiting what the defense can ask WA conflict with the defendants right to confront witnesses against her?

 

[Weki]

doesn’t the decision by the judge limiting what the defense can ask WA conflict with the defendants right to confront witnesses against her?

Typically cross examination is only supposed to be about what was brought out in direct exam. That’s why defense subpoenaed WA for their own case in chief but she told them she would plead the 5th, which is her right.

 

[BSBC]

doesn’t the decision by the judge limiting what the defense can ask WA conflict with the defendants right to confront witnesses against her?

No, the judge was acting consistent with Florida law, which provides that "[c]ross-examination of a witness is limited to the subject matter of the direct examination and matters affecting the credibility of the witness. The court may, in its discretion, permit inquiry into additional matters." Fla. Stat. Sec. 90.612(2). The rule is the same in every jurisdiction I'm aware of.

 

[katiecoolady]

What do you guys make of the fact that Katie is still at Leon County and has not been transported back to Lowell? Keeping her there for Charlie's CM hearing? Part of her deal, to stay there until Charlie's trial? Why would they be keeping her there two weeks after her proffer?

Leon County Sheriff's Office > Departments > Detention Facility > Inmate search > Search-Results

 

[Blue Shakehead]

What do you guys make of the fact that Katie is still at Leon County and has not been transported back to Lowell? Keeping her there for Charlie's CM hearing? Part of her deal, to stay there until Charlie's trial? Why would they be keeping her there two weeks after her proffer?

Leon County Sheriff's Office > Departments > Detention Facility > Inmate search > Search-Results

I am really hoping its so that she can be made available to the grand jury for the purposes of indicting Donna, Wendi and Harvey. Maybe someone else can confirm but I don't believe the grand jury is currently sitting.

Another scenario is that the States Attorney is currently investigating her story to see if they can make sense of it with other witnesses, cell phone, financial and other evidence.

At this point, I think we can throw out the scenario where Katie didnt have anything new to offer. If she had just gone in there with a story/no receipts/and we could only rely on her word - she would have been on the next bus back to the Department of Corrections to serve out the rest of her life sentence.

<modsnip: not an approved source> what if what Katie has is so explosive that her attorneys knew that the SA office would be willing to give her a huge deal even post- conviciton? I mean, thats what Im hoping for anyway.

 

[Ferpo]

What do you guys make of the fact that Katie is still at Leon County and has not been transported back to Lowell? Keeping her there for Charlie's CM hearing? Part of her deal, to stay there until Charlie's trial? Why would they be keeping her there two weeks after her proffer?

Was wondering about this too, especially with the wording below. Can only conclude that the Proffer is not "complete" in legal terms.

 

[katiecoolady]

I am really hoping its so that she can be made available to the grand jury for the purposes of indicting Donna, Wendi and Harvey. Maybe someone else can confirm but I don't believe the grand jury is currently sitting.

Another scenario is that the States Attorney is currently investigating her story to see if they can make sense of it with other witnesses, cell phone, financial and other evidence.

At this point, I think we can throw out the scenario where Katie didnt have anything new to offer. If she had just gone in there with a story/no receipts/and we could only rely on her word - she would have been on the next bus back to the Department of Corrections to serve out the rest of her life sentence.

<modsnip: not an approved source> what if what Katie has is so explosive that her attorneys knew that the SA office would be willing to give her a huge deal even post- conviciton? I mean, thats what Im hoping for anyway.

I agree! Also, I think DeCoste stayed behind after her conviction to start working on a potential proffer. I wonder if it's been in the works for months and they brought her up finally to formalize things. I don't think Cappleman will play with her lightly. As she said in her closing, "let's see how that goes for her".

 

[BearWatcher]

KM never struck me as someone who is passive, but as a shrewd person. Ot would not be surprised if she has some ‘insurance’ she kept, which included documenting texts, etc. The question for me, would she have known what was sufficiently strong evidence to implicate others in the conspiracy. Did she record conversations? Take pictures of texts that clearly indicated who was providing the information?

 

[SeesSeas]

Leon County Clerk of Courts Civil Case Search

37 2016 CF 003036 B - STATE OF FLORIDA vs ADELSON, CHARLES

Event Date Start Location Judge Result Source CASE MANAGEMENT 12/16/2022 11:00 AM WHEELER JIS​

12/13/2022 62​ CMCS CASE MANAGEMENT CONFERENCE SET CASE MANAGEMENT CONFERENCE RESET TO: 12/16/2022 11:00AM /ROOM# 3G

 

[Bongo]

Leon County Clerk of Courts Civil Case Search

37 2016 CF 003036 B - STATE OF FLORIDA vs ADELSON, CHARLES

Event Date Start Location Judge Result Source CASE MANAGEMENT 12/16/2022 11:00 AM WHEELER JIS​

12/13/2022 62​ CMCS CASE MANAGEMENT CONFERENCE SET CASE MANAGEMENT CONFERENCE RESET TO: 12/16/2022 11:00AM /ROOM# 3G

Yay thanks for the update.

 

[Carol1953]

Leon County Clerk of Courts Civil Case Search

37 2016 CF 003036 B - STATE OF FLORIDA vs ADELSON, CHARLES

Event Date Start Location Judge Result Source CASE MANAGEMENT 12/16/2022 11:00 AM WHEELER JIS​

12/13/2022 62​ CMCS CASE MANAGEMENT CONFERENCE SET CASE MANAGEMENT CONFERENCE RESET TO: 12/16/2022 11:00AM /ROOM# 3G

is that public?

 

[yazoost]

Comparing KM's and CA's dockets, I find interesting the different tactics used by their respective lawyers. KM's were aggressive and adversarial with filing motions, etc. CA's haven't filed many at all. At one of the hearings, DR even compliments the prosecutors and jail staff for their cooperation. The two sets of lawyers appear to have very different ways of interacting with the judge and prosecutors.

Do any of the lawyers here have any take on this?