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

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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?
Non-lawyer here but my feeling is that it’s a matter of professionalism. CA’s lawyer appears more professional and dignified. I associate that with competence.
 
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?
Kawass worked as a public defender for 8 years before hanging her shingle as a private defense attorney for the past couple years. Thus, she's in the early stage of establishing her reputation and building her practice. This explains why she has been so active on social media seeking notice and approval as a zealous defender of those accused of crimes. DeCoste's website says he has 17 years experience and was a Miami-Dade prosecutor before opening his own defense firm. His approach seems more measured than Kawass and his background suggests he likely has connections and contacts from his days as a prosecutor that might be useful. The interesting thing about their choice to file so many motions and actively raise issues at multiple hearings in this case is the question of who has paid for it. Lawyers are essentially mercenaries and the hourly bills in this case must be massive.

Both DeCoste and Kawass are representing a rapper accused of murder in Duval County and they filed a motion seeking to disqualify the prosecutor, claiming the government is "tampering with evidence" and "unjustly ... targeting well known musicians." So, they definitely appear to have embraced their reputation as antagonists and want to be seen as the enemy of the government rather than being willing to plea bargain or compromise. Kawass, in particular, has "liked" and tagged several posts by rap musicians to show support for the community and last year they created a fake children's book solely to troll and mock the prosecution. This approach is definitely noticed in the community as evidenced by the first commentor who said, "Them lawyers raw as hell if they beat this "

Over time, of course, results are what matter. If you take this approach you better start winning some cases :)
 
Kawass worked as a public defender for 8 years before hanging her shingle as a private defense attorney for the past couple years. Thus, she's in the early stage of establishing her reputation and building her practice. This explains why she has been so active on social media seeking notice and approval as a zealous defender of those accused of crimes. DeCoste's website says he has 17 years experience and was a Miami-Dade prosecutor before opening his own defense firm. His approach seems more measured than Kawass and his background suggests he likely has connections and contacts from his days as a prosecutor that might be useful. The interesting thing about their choice to file so many motions and actively raise issues at multiple hearings in this case is the question of who has paid for it. Lawyers are essentially mercenaries and the hourly bills in this case must be massive.

Both DeCoste and Kawass are representing a rapper accused of murder in Duval County and they filed a motion seeking to disqualify the prosecutor, claiming the government is "tampering with evidence" and "unjustly ... targeting well known musicians." So, they definitely appear to have embraced their reputation as antagonists and want to be seen as the enemy of the government rather than being willing to plea bargain or compromise. Kawass, in particular, has "liked" and tagged several posts by rap musicians to show support for the community and last year they created a fake children's book solely to troll and mock the prosecution. This approach is definitely noticed in the community as evidenced by the first commentor who said, "Them lawyers raw as hell if they beat this "

Over time, of course, results are what matter. If you take this approach you better start winning some cases :)
Interesting. My lay person’s view of these types of lawyers (antagonists) is that they’re more interested in building a reputation for themselves than they are in serving their clients’ interests. If they were kicking you know what in the courtroom I would not look down on their general antagonism and social media shenanigans. Many times Kawass and Garcia’s attys seemed ill-prepared and were repeatedly dressed down by Judge Hankman. They questioned witnesses poorly with nothing substantive to back it up. DeCoste was snarky many times. [DeCoste: It’s the federal bureau of investigations right not the federal bureau of intimidation? Reprimanded by judge again] I think these tactics are undignified and make them seem like used car salesmen/women.

For example, they could spend more time preparing cross examination questions and arguments rather than filing unnecessary motions. Or do both at the very least. But if you’re doing the latter while slacking on the former…..

I guess one could argue they need to build their practice or they won’t have any clients to serve! I get that maybe these activities are a form of marketing but the courtroom performance should be paramount.
 
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?
IMO, this is all going to turn by following the money. IMO, KM understands $$$ very well and her silence was not for free.

I think the proffer was tried out in the DA's office, and she's likely being held locally to testify before the grand jury. MOO
 
Interesting. My lay person’s view of these types of lawyers (antagonists) is that they’re more interested in building a reputation for themselves than they are in serving their clients’ interests. If they were kicking you know what in the courtroom I would not look down on their general antagonism and social media shenanigans. Many times Kawass and Garcia’s attys seemed ill-prepared and were repeatedly dressed down by Judge Hankman. They questioned witnesses poorly with nothing substantive to back it up. DeCoste was snarky many times. [DeCoste: It’s the federal bureau of investigations right not the federal bureau of intimidation? Reprimanded by judge again] I think these tactics are undignified and make them seem like used car salesmen/women.

For example, they could spend more time preparing cross examination questions and arguments rather than filing unnecessary motions. Or do both at the very least. But if you’re doing the latter while slacking on the former…..

I guess one could argue they need to build their practice or they won’t have any clients to serve! I get that maybe these activities are a form of marketing but the courtroom performance should be paramount.
Odd, is this a typical statement for lawyers to make?
''DeCoste and co-counsel Tara Kawass issued a statement to News4JAX to elaborate on the post:

“The book isn’t meant to mock the case or court system. Instead, it draws attention to law enforcement’s disregard of the obvious fact that Hakeem Robinson cannot physically be the shooter. We’ve been saying this to law enforcement since day one but it’s falling on deaf ears because they want him to be guilty. Next, if Hakeem can’t physically be the shooter, then the snitch holding the first case together is lying. This same unreliable snitch is the only piece of evidence in the second case, which was only filed to frustrate Hakeem’s release after we won bond on the first case. Simply put, with the snitch lying in the first case he shouldn’t be trusted for the second case. Meanwhile Hakeem—an innocent young man with no prior felony convictions—is behind bars being violently mistreated.”
 
IMO, this is all going to turn by following the money. IMO, KM understands $$$ very well and her silence was not for free.

I think the proffer was tried out in the DA's office, and she's likely being held locally to testify before the grand jury. MOO
All of this! Do you see any situation at all where she will be referenced in tomorrow's case management hearing?
 
Interesting. My lay person’s view of these types of lawyers (antagonists) is that they’re more interested in building a reputation for themselves than they are in serving their clients’ interests. If they were kicking you know what in the courtroom I would not look down on their general antagonism and social media shenanigans. Many times Kawass and Garcia’s attys seemed ill-prepared and were repeatedly dressed down by Judge Hankman. They questioned witnesses poorly with nothing substantive to back it up. DeCoste was snarky many times. [DeCoste: It’s the federal bureau of investigations right not the federal bureau of intimidation? Reprimanded by judge again] I think these tactics are undignified and make them seem like used car salesmen/women.

For example, they could spend more time preparing cross examination questions and arguments rather than filing unnecessary motions. Or do both at the very least. But if you’re doing the latter while slacking on the former…..

I guess one could argue they need to build their practice or they won’t have any clients to serve! I get that maybe these activities are a form of marketing but the courtroom performance should be paramount.

Thanks for this post. Kawass was so over the top proclaiming Katie's actual innocence vs. keeping it to getting her a fair defense. Right up until the time she was convicted, then she had such a strange presentation in the courtroom at sentencing, referencing the Markel family and giving a lengthy, almost giddy interview outside the courthouse. I completely agree w/ the used car salesman analogy.

Wonder what her involvement, if any, is with KM now. I mean how does she walk back those aggressive proclamations of actual innocence now that Katie is speaking? Does she think people will just forget?
 
Thanks for this post. Kawass was so over the top proclaiming Katie's actual innocence vs. keeping it to getting her a fair defense. Right up until the time she was convicted, then she had such a strange presentation in the courtroom at sentencing, referencing the Markel family and giving a lengthy, almost giddy interview outside the courthouse. I completely agree w/ the used car salesman analogy.

Wonder what her involvement, if any, is with KM now. I mean how does she walk back those aggressive proclamations of actual innocence now that Katie is speaking? Does she think people will just forget?

During both of KM's trials, Kawass and KM claims that she was innocent make KM dirty. There's no walking back her sworn testimony, it's perjury!

IMO, the only thing KM can possibly offer in a proffer agreement that she's not testified about previously will be a money trail leading to the Adelsons. And not talking about the $400 payroll, the big money.
 
All of this! Do you see any situation at all where she will be referenced in tomorrow's case management hearing?

I really dunno..

What I find odd about the 2nd Judicial Circuit (Leon County) is that Felony Case Management hearings-- supposedly to promote uniformity in practice to ensure compliance with provisions and aims of the Florida Rules of Criminal Procedure, and to encourage collaboration between the Court, the State Attorney, the Public Defender, and the defense bar, this Circuit seems to only reference the following for Criminal Case Management: Mental Health/Felony Drug Court/Veterans Treatment Court.

Generally, in other Florida Judicial Circuits, details of the case are not discussed in Felony Case Management other than the trial period in which the case is to be tried. However, I've seen a change of plea entered during a Case Management hearing but only to facilitate the Court schedule.

From the Master Calendar for Judge Wheeler for the week ending 12/16, he only had two calendared hearings: 12/14/22- Family Court, 1:30 pm to 5:30 pm, and 12/16- Felony Hearing at 11 AM. Not sure how much time he intends to sit on Friday. So much for promoting uniformity!

 
Judge could set trial date for Charlie Adelson
Adelson is expected in court Friday morning.
By Julie Montanaro
Published: Dec. 15, 2022 at 7:25 PM EST|Updated: 10 hours ago

TALLAHASSEE, Fla. (WCTV) - A judge could set a trial date for Charlie Adelson during a court hearing Friday morning.

Adelson was arrested earlier this year and is accused in the 2014 murder of his former brother-in-law, Dan Markel. Markel, an FSU law professor, was gunned down behind the wheel of his car in what prosecutors call a murder for hire plot.

Adelson is scheduled for a case management hearing Friday at 11 a.m. The hearing was initially scheduled for December 2nd, but was postponed at his attorney’s request citing a recent injury.

It’s not clear if attorneys will discuss a recent proffer by co-defendant Katherine Magbanua.

Magbanua has already been convicted and sentenced to life in prison in the plot, but was transported to Leon County right before Thanksgiving for a closed-door interview with prosecutors.

The judge’s initial order indicated Magbanua would be in Tallahassee from November 28th until November 30th and then returned to prison, but jail records indicate Magbanua is still here in the Leon County Jail.

When asked why Magbanua was still in Tallahassee, prosecutor Georgia Cappleman said, “No comment.”

We reached out to Magbanua’s attorney to ask the same question, but have not yet received a reply to our email.

WCTV’s Jacob Murphey will be covering Adelson’s court appearance Friday. Look for updates here and on Eyewitness News.

Copyright 2022 WCTV. All rights reserved.

 
Friday, December 16th:
*Case Management Hearing (@ 11am ET) - FL – Daniel Eric Markel (41) (shot to death July 18, 2014, Tallahassee) - *Charles Jay Adelson (45/now 46) was indicted (4/20/22), arrested & charged (4/21/22) & booked (in Leon County 4/25/22) with 1st degree murder, conspiracy to commit murder & solicitation to commit murder. No bond (denied bond 4/26/22). Bond release denied (9/9/22).
Court info from 4/21/22 thru 11/16/22 reference post #563 here:
https://www.websleuths.com/forums/t...n-markel-murdered-by-hitmen-13.631568/page-29

11/23/22 Update: Adelson’s attorney has just asked the judge to delay the case management hearing, 12/2/22, citing a fractured ankle that will make it “challenging” to travel to Tallahassee to appear in person. Defense attorney Daniel Rashbaum asked for a two to three-week delay given the importance of the hearing in which the judge could set a trial date for Adelson. Assistant State Attorney Georgia Cappleman had no comment on Magbanua’s return or the reason for the proffer.
11/28/22 Update: Defense requested a continuance of 12/2/22 hearing. Case management hearing was rescheduled on 12/16/22.
*Katharine Diana Magbanua (32/now 37) – Trial began on 5/18/22 & ended on 5/26/22. 5/27/22: Guilty on ALL charges. Sentenced on 7/29/22 for murder LWOP & for conspiracy & solicitation two 30 consecutive years in prison. 8/4/22: Magbanua has transitioned to the FL Department of Corrections Women's Reception Center in Ocala, thus ending a very lengthy six-year stay in the Leon County Jail.
*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.
 
Cathy Russom reporting that jury selection has been set for April 4th. It sounds like it was very quick. So I’m guessing this rules out any chance of state seeking to try Adelsons together. Is KM going to disappoint yet again?
 
TRIAL 4/24/2023
STATE OF FLORIDA vs ADELSON, CHARLES

12/16/2022
63​
CCCECASE COMMENTS FROM COURT EVENT JURY SELECTION TO BE HELD WEEK OF 4/24 (3-4 DAYS WITH OPENINGS ON FRIDAY) EVIDENCE TO BEGIN 5/1/23 FOR 2-3 WEEKS CASE MANAGEMENT TO BE HELD IN LATE FEBRUARY - TO BE SET BY PARTIES
JIS​
12/16/2022
64​
TRSTTRIAL SET E-FILED: 04/24/2023 08:30 AM---JURY
JIS​

EventDateStartLocationJudgeResultSource
JURY NON JURY TRIAL4/24/20238:30 AMWHEELER
JIS​
 
Law and Crime wrong again. Jury selection to begin on 4/24. Yesterday they said judge was gonna decide sentence (which they corrected a few minutes later but still- how hard was it to report accurately after you JUST watched the judge admonish jury and tell them the punishment phase would begin next) when it was clear jury would. Smh.
 
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