GUILTY FL - FSU Law Professor Dan Markel Murdered by Hitmen #20

DNA Solves
DNA Solves
DNA Solves
Status
Not open for further replies.
This gamesmanship motion of lawyer Marissel Descalzo, Esq. looks like a tempest in a teapot that will backfire in an ocean of mess, IMHO. I do not comprehend the nature of their “independent psychological evaluation” demand. Do they ask a second Leon County psychologist to evaluate her? Or do they ask to bring in their retainer private psychologist? She has been documented on Jail Calls expressing the desire to run away abroad or to k*ll herself. Since she has not been able to flee abroad, it is hoped that their private psychologist would be responsible for her eventual release from protective custody in case she goes her plan B.
 
@legalmomma Thank you so much!!! After all the blah,blah,blah "I wanna' go home"...the employees refused to provide their medical credentials when asking about her medications!! Oh brother. Really? Give me a break! (Maybe all their
scholastic accomplishments, degrees and certifications are hanging on their office walls & they dont carry them while interviewing detainees?) Hey and don't blame the scarcity of items in your cell that one could use for self harm...you are the one who brought up suicide! Geesh. If DA is getting the same food, treatment, and accommodation as any other female being detained on murder charges, what's the big deal? Oh I know, DA is paying $600 per hour to have an attorney write up her complaints.
But, I love the State's position:
..."the State does not oppose an independent psychological evaluation; the State opposes Donn's release from pretrial detention."
I know I'm a few days behind here and am catching up (thanks heavy workload!).
I guess my concern is not about Donna specifically, but how people are treated in the American - for profit - prison systems. She is currently innocent and the treatment is already punitive and frankly inhumane.
 
IMO, it's only a slam dunk if Mario rolls on Shanna or if LE has actual video/audio evidence Shanna was involved in the plot.
The Bridegan murder shares so many similarities with Markel's murder. I also think any competent attorney will tell you that as long as jurors are deciding capital cases, there's really no such thing as a "slam dunk" case!

I don't think it's necessary for Mario to roll on his estranged wife, Shanna, for her to be convicted. As of today, Mario and Shanna's cases have not been severed, and besides seeking the death penalty for both of the defendants, the state also plans to try the defendants together.

We already know that Tenon admitted being the gunman who ambushed Bridegan, and by accepting a 2nd degree murder plea deal, he also agreed to testify against those he had worked with to kill Bridegan.

I think the Prosecutor said it best when Shanna was indicted by the grand jury for first-degree murder, conspiracy to commit first-degree murder, solicitation to commit first-degree murder, and child abuse:

“Henry Tenon did not act alone. Mario Fernandez did not plan alone. And Shanna Gardner’s indictment acknowledges her central and key role in the cold, calculated, and premeditated murder of Jared Bridegan,” Nelson said Thursday.

 
I don't think she was trying to get favor in the jail; I think she just wanted to read words on a page instead of staring blankly at walls so she asked for a book, a bible, anything; I don't think she specifically asked for the Old Testament.
This would be me! I am a reader and sitting and staring at the walls, in an incredibly emotional and life-altering situation, I would need anything to read. I would imagine that she thought if not a library situation, they would at least have a bible handy. In her place, and as an atheist, I would do the same.
 
This would be me! I am a reader and sitting and staring at the walls, in an incredibly emotional and life-altering situation, I would need anything to read. I would imagine that she thought if not a library situation, they would at least have a bible handy. In her place, and as an atheist, I would do the same.
I love the words used by so many of our brilliant posters and I agree "an incredibly emotional and life altering situation" ... FOR THE MARKEL FAMILY.
I expect every complaint to the jail concierge (she is in jail, not prison) will involve displeasure with all aspects of her incarceration. Who would have thought "little Ole D" could be the septuagenarian poster child for changes in jail protocol? As for reading material:

Resilience: Living in Prison With Martha Stewart Paperback – October 28, 2005​

Even Martha S lost weight!
According to People, Stewart's weight loss is the result of a few different things. She reportedly avoided the prison food and made a habit of hitting the prison's "workout facilities." The outlet also noted that Stewart's previously mentioned cleaning job was also a likely factor in her shedding pounds."

Read More: What Martha Stewart's Life In Prison Was Really Like - Grunge

The point is she (DA) is being held in jail for very serious offenses. The cold-blooded murder of her own son-in-law & Father of her grandsons. Has any Adelson (other than by subpeona) ever spent one day in court to support the State's prosecutors in their exhaustive search for justice? (I dont know the answer to my last question, but I have a hunch.)

 
I love the words used by so many of our brilliant posters and I agree "an incredibly emotional and life altering situation" ... FOR THE MARKEL FAMILY.
I expect every complaint to the jail concierge (she is in jail, not prison) will involve displeasure with all aspects of her incarceration. Who would have thought "little Ole D" could be the septuagenarian poster child for changes in jail protocol? As for reading material:

Resilience: Living in Prison With Martha Stewart Paperback – October 28, 2005​

Even Martha S lost weight!
According to People, Stewart's weight loss is the result of a few different things. She reportedly avoided the prison food and made a habit of hitting the prison's "workout facilities." The outlet also noted that Stewart's previously mentioned cleaning job was also a likely factor in her shedding pounds."

Read More: What Martha Stewart's Life In Prison Was Really Like - Grunge

The point is she (DA) is being held in jail for very serious offenses. The cold-blooded murder of her own son-in-law & Father of her grandsons. Has any Adelson (other than by subpeona) ever spent one day in court to support the State's prosecutors in their exhaustive search for justice? (I dont know the answer to my last question, but I have a hunch.)
I get that completely and I believe her guilty. Having said that, she is in fact, not yet guilty of anything. Yes, she's in jail but as a charged but still not guilty inmate. I don't believe that Donna should be the poster child for prison/jail reform, but that doesn't mean it's not needed.

My comment was merely to highlight that her situation and that her requests, if true are not unreasonable.

I'm not sure why I earned such snarkiness.
 
IMO, it's no secret DA has long intended to perish before she's ever forced to face the evidence presented against her.

Thinking back on DA's choice of defender, I now realize her white collar defender M. Descalzo is mostly papering her file for the future Federal Civil Rights complaint and wrongful death suit. In other words, DA already knew Descalzo would not have to go to trial.

Dec. 6, 2023 at 1:52 PM PST|Updated: 22 hours ago

The bombshell allegations are part of a motion filed Tuesday by her attorney, Marissel Descalzo. The document requests the court provide the Miami woman house arrest or force the jail to improve her conditions, release her from isolation and “place Donna in a unit where she can prepare for trial and speak to her family.” It offers another alternative, asking the court to consider issuing Adelson a “psychological evaluation” to place her in a different unit.

Yup -- this is big money for a white collar civil rights attorney/firm such as Descalzo:

 
I love the words used by so many of our brilliant posters and I agree "an incredibly emotional and life altering situation" ... FOR THE MARKEL FAMILY.
I expect every complaint to the jail concierge (she is in jail, not prison) will involve displeasure with all aspects of her incarceration. Who would have thought "little Ole D" could be the septuagenarian poster child for changes in jail protocol? As for reading material:

Resilience: Living in Prison With Martha Stewart Paperback – October 28, 2005​

Even Martha S lost weight!
According to People, Stewart's weight loss is the result of a few different things. She reportedly avoided the prison food and made a habit of hitting the prison's "workout facilities." The outlet also noted that Stewart's previously mentioned cleaning job was also a likely factor in her shedding pounds."

Read More: What Martha Stewart's Life In Prison Was Really Like - Grunge

The point is she (DA) is being held in jail for very serious offenses. The cold-blooded murder of her own son-in-law & Father of her grandsons. Has any Adelson (other than by subpeona) ever spent one day in court to support the State's prosecutors in their exhaustive search for justice? (I dont know the answer to my last question, but I have a hunch.)
I think we have to use the same standard for the defendant‘s accusations against her jailers as we do for the accusations against her. Innocent until proved guilty. Right now, all her accusations ( through her lawyer) are just that. Accusations. None of it has been proven.
 
I get that completely and I believe her guilty. Having said that, she is in fact, not yet guilty of anything. Yes, she's in jail but as a charged but still not guilty inmate. I don't believe that Donna should be the poster child for prison/jail reform, but that doesn't mean it's not needed.

My comment was merely to highlight that her situation and that her requests, if true are not unreasonable.

I'm not sure why I earned such snarkiness.
Yeah, totally agree I might have skirted the edge of snarkiness:) and will turn down the dial.
I don't agree or ascribe to DA's version of events as have been presented. Even a person arrested for failure-to-appear or drunk driving has to go through the process. IE, surrender control of their individual freedoms until their case is ajudicated or released on bond.
Jail is not a nice place. Prison is not a nice place. I used to tell my kids and their pals they had better not get in trouble when they headed off on weekend nights. "I only have $500 cash for bail money. And that is for me if i find out what you did!"
 
I know I'm a few days behind here and am catching up (thanks heavy workload!).
I guess my concern is not about Donna specifically, but how people are treated in the American - for profit - prison systems. She is currently innocent and the treatment is already punitive and frankly inhumane.
She isn't in a private facility but is in a county jail. So the "for profit" issue isn't in play here. That is standard. She is indeed innocent until proven guilty but is being held on charges of first degree murder. She isn't going to bond out. She was arrested attempting to flee the country and insinuated suicide. So that is why she is in her current situation. Is it pleasant? Nope. But she can improve her situation. She has excellent legal representation to address her concerns.
 
She isn't in a private facility but is in a county jail. So the "for profit" issue isn't in play here. That is standard. She is indeed innocent until proven guilty but is being held on charges of first degree murder. She isn't going to bond out. She was arrested attempting to flee the country and insinuated suicide. So that is why she is in her current situation. Is it pleasant? Nope. But she can improve her situation. She has excellent legal representation to address her concerns.
I think a lot of what she is complaining about has to do with the fact that she has been placed on a suicide watch. Those prisoners are deprived of anything which could be used to harm themselves, yes, even clothing items and eating utensils, and they are watched 24 hours a day with the lights on. Her attorneys have asked that she be evaluated so she can be taken off suicide watch and moved to the general population, where conditions are better.

The US does not typically keep ordinary prisoners (not under suicide watch) in the conditions described in Donna’s motion.
 
Last edited:
I think they may have watched moments of it. I think if the prosecution had been struggling and it was clear a conviction was unlikely they would have watched every moment, especially when the maestro took the stand. That would be his time to shine, his crowning glory, his simpering mother watching in delight as her son conducted proceedings, with GC wilting in the background. When it was abundantly clear to DA and HA that the trial was going pear-shaped, they would have switched over to the shopping channel.
Or the travel channel.
 
The US does not typically keep ordinary prisoners (not under suicide watch) in the conditions described in Donna’s motion.
^^rsbm

The thing about defense Motions is just because Descalzo wrote it doesn't make it fact! The State has an opportunity to respond to the allegations by DA and the Court will determine the fact from fiction when issuing a ruling.

There was a similar discussion here a couple days ago regarding the DA/HA State subpoenas after the couple were named on the defense witness list just before CA's trial date, and the word games Descalzo played with the Motion in an attempt to avoid/block her clients from being interviewed. JMO

In my experience, the $$bigger$$ the client, the more creative the defense Motions. Yes, it's pleasing to the client! (And please don't ever ask me about defense attorney Iris Eytan... o_O)!
 
I think a lot of what she is complaining about has to do with the fact that she has been placed on a suicide watch. Those prisoners are deprived of anything which could be used to harm themselves, yes, even clothing items and eating utensils, and they are watched 24 hours a day with the lights on. Her attorneys have asked that she be evaluated so she can be taken off suicide watch and moved to the general population, where conditions are better.

The US does not typically keep ordinary prisoners (not under suicide watch) in the conditions described in Donna’s motion.

Wasn't the suicide watch justified considering she was discussing it with CA just prior to being arrested ?
 
Wasn't the suicide watch justified considering she was discussing it with CA just prior to being arrested ?

Exactly!


Adelson further indicates in the motion that she has been denied access to her medications and was only permitted to speak to her husband, Harvey Adelson, once on the phone last week. Donna’s defense attorneys have been unable to get in touch with her, and according to the motion, she says she is becoming physically weaker on account of “inhumane conditions” and “sitting in her cell naked all day,” according to the motion.

The prosecution is in agreement with Donna and her defense that she should undergo an independent psychiatrist’s evaluation.
 
I’m sure she’s having a hard time and feeling miserable. She’s lived a comfortable life and she’s elderly. No doubt there will be a long adjustment period. I have a hard time believing that she’s being treated especially cruelly. She’s a high profile inmate - jail administrators know all eyes are on them. I really doubt they would give her that kinda ammunition.

If you’re elderly, maybe don’t have someone murdered and then you won’t have these problems. JMO
 
Status
Not open for further replies.

Members online

Online statistics

Members online
149
Guests online
2,696
Total visitors
2,845

Forum statistics

Threads
599,908
Messages
18,101,376
Members
230,954
Latest member
SnootWolf02
Back
Top