I wonder whether any news organizations will intervene to oppose this motion. Florida law is very protective of public access to material filed in court, and the intense public interest in this case noted in the motion should weigh in favor of timely public access to KM's proffer, not against it.
I have to believe the Tallahassee Democrat (and likely other news organizations and public groups) will oppose the motion and I agree with you that Florida law aggressively protects public access to information produced through discovery. The case is so high profile, though, that I believe the judge will grant the motion since the prosecution didn't oppose it. The correct decision (IMHO) would be to make it public.
Wow.
I am confused as well. Will KM be able to testify against him for the State? It’s just all the charges against everyone are so intertwined.
A proffer is a transcribed interview under oath and under Florida law it must be provided to the defendant's counsel (just as ANY statements or other relevant evidence must be disclosed to defense counsel before trial). Development of this evidence before trial is called "discovery" and Florida is arguably the single state having the most liberal "sunshine" laws that require ALL discovery must be made public. This is the default for Florida trials so it ordinarily would be made available to anyone requesting it as soon as it is filed with the court. In this case, however, the defense has cited Florida Freedom Newspapers vs McCrary for the proposition that a court MAY seal discovery if it is the only way to avoid aggravating excessive pretrial publicity.
Yes, Katie will most certainly be permitted to testify against him for the state if they choose to call her to the stand. That is why the law requires the state to turn over the proffer to Charlie's lawyers -- so they can prepare for her likely appearance as a witness for the state.
I can see how this proffer might generate enough chatter to influence a juror. I also get why the prosecution would agree to this request. But why is the defense asking that it is sealed until the conclusion of the trial? Wouldn't KM's testimony reveal the substance of the proffer once on the witness stand?
IMO, there isn't anything in that proffer by KM that CA isn't already aware of and the defense probably wants to keep it out of the public as long as possible. They're not chomping at the bit to see it -- they have CA to clue them in!
Yes, but the document itself may have details not revealed through her testimony. She may say many things not admissible at trial, so the request to keep the proffer sealed until after the trial makes sense.
From the Unopposed Motion, first paragraph:
While Josh Powell was not short on arrogance, unlike the Adelsons, he was short on finances. Generally, I think it rare that suspects with money intentionally blow up their homes while sitting inside. Or take a hatchet to their children. JMO
My concern isn't blowing up houses, its mindset. JMO
| Photo | Full Name | Last Arrest Date | Last Release Date | In Jail? | Charge(s) | Arresting Agency |
|
| MAGBANUA, KATHERINE D Age: 39 View Detail | 11/22/2022 | 08/04/2022 | Y | *MURDER-FIRST DEGREE, *CONSPIRACY TO COMMIT MURDER, *SOLICITATION TO COMMIT MURDER, *DOC HOLD FOR LOWELL CI | LEON COUNTY SHERIFF TALLAHASSEE |
Compared to her former glum mugshots, this new one seems rather jolly. Good news?KM is still in Leon County jail since two months ago NOV 22, 2022.
It's three months until CA's trial APR 24, 2023.
Perhaps KM is testifying to the Grand Jury regarding other co-conspirators?
Therefore, it seems efficient to keep KM in county jail rather than ongoing transport to/from state prison.
Displays Inmates Currently In Custody
Photo Full Name Last Arrest Date Last Release Date In Jail? Charge(s) Arresting Agency 
MAGBANUA, KATHERINE D
Age: 39
View Detail11/22/2022 08/04/2022 Y *MURDER-FIRST DEGREE, *CONSPIRACY TO COMMIT MURDER, *SOLICITATION TO COMMIT MURDER, *DOC HOLD FOR LOWELL CI LEON COUNTY SHERIFF TALLAHASSEE
