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

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I also wondered whether the person who got Donna to work on him, to prevent Charlie fleeing justice, was Harvey.
I just get a bad vibe about him during the calls. He's mostly silent and it would be easy to imagine that he's a non-participant but then he pops back up and you realise he's been monitoring every word that Donna and Charlie have said.
Patronising and insincere too.
It has to be Harvey - that’s the only thing that makes sense imo. Also, it has to be Harvey who hired Rashbaum. How much is Harvey influencing Charlie and Donna’s opinion of Rashbaum’s performance? Are they allowed to be critical of Harvey’s guy? How is a defendant who got told he was gonna go home by his defense atty but then gets PROMPTLY convicted for a life sentence not blaming his atty at all???? Makes no sense.

We have talked a lot about the Donna/Charlie relationship but Harvey is largely absent in these calls. But that doesn’t mean he’s not pulling the levers behind the scenes as you noted.

JMO

Edited to add: And if it’s my behind sitting in jail facing life in prison I’m gonna decide what the priority is between finding juror misconduct or finding a good appellate atty! Why are his parents running interference? And now he knows the whole time they were packing their bags! I’d be fuming!
 
It has to be Harvey - that’s the only thing that makes sense imo. Also, it has to be Harvey who hired Rashbaum. How much is Harvey influencing Charlie and Donna’s opinion of Rashbaum’s performance? Are they allowed to be critical of Harvey’s guy? How is a defendant who got told he was gonna go home by his defense atty but then gets PROMPTLY convicted for a life sentence not blaming his atty at all???? Makes no sense.

We have talked a lot about the Donna/Charlie relationship but Harvey is largely absent in these calls. But that doesn’t mean he’s not pulling the levers behind the scenes as you noted.

JMO

Edited to add: And if it’s my behind sitting in jail facing life in prison I’m gonna decide what the priority is between finding juror misconduct or finding a good appellate atty! Why are his parents running interference? And now he knows the whole time they were packing their bags! I’d be fuming!
BBM

This though? I'm actually flabbergasted that DR was telling Charlie (according to him) they were winning and he was going to go home. And they're not questioning him? Bizarre.

Doesn't take an attorney to realize how terrible that case was he put on, smh. (Not that he had much to work with)
 
Harvey says we have to work on the two juror issues first.
snipped.

Any idea what's being referred to here? Later in the call they say they're hoping for juror misconduct. What info do they think they have on the jury that could overturn a verdict?

I suspect it's a big nothing-burger and just the Adelsons grasping at straws, but I hadn't previously heard this claim.
 
I have a couple of questions…

Does anyone know how much CA paid for his defense team? I had heard a crazy number somewhere along the way.

When Wendi was brought into the police station and told that Dan was shot and probably wouldn’t make it, she immediately started crying with her hands in her face. Thinking about being in that situation I would probably say “what??” before anything, not being able to absorb this information so quickly. How about you?

Why was the money washed? I have never hear of anything like this.
 
snipped.

Any idea what's being referred to here? Later in the call they say they're hoping for juror misconduct. What info do they think they have on the jury that could overturn a verdict?

I suspect it's a big nothing-burger and just the Adelsons grasping at straws, but I hadn't previously heard this claim.
I think they're referring to the 2 motions to change venue that were denied. Since Charlie won't stop bringing up how there's a 0% chance a Tallahassee jury would ever acquit him.
 
I have a couple of questions…

Does anyone know how much CA paid for his defense team? I had heard a crazy number somewhere along the way.

When Wendi was brought into the police station and told that Dan was shot and probably wouldn’t make it, she immediately started crying with her hands in her face. Thinking about being in that situation I would probably say “what??” before anything, not being able to absorb this information so quickly. How about you?

Why was the money washed? I have never hear of anything like this.
I think I would say “what” a few times, along with “how,” “where,” “when,” and probably some other words. But Ive never been in that situation, so I don’t know.
 
I think they're referring to the 2 motions to change venue that were denied. Since Charlie won't stop bringing up how there's a 0% chance a Tallahassee jury would ever acquit him.
Could be, but that wouldn't be jury misconduct.

Here's what I hear from the tape:

Harvey @1:31:29: Just see what happens with the jury...with those two jurors.
Charlie @1:32:54: That's the easiest way to get something overturned, the juror misconduct. That's the number one way, I've heard.

Edit - in the youtube description of the call it says, "He thinks potential jurors lied to try and get on the case. One posted on FB about it months earlier and that juror ended up coming to sit in on the trial."

So I guess that's what they're pinning their hopes on.
 
Imagine being WA, taking the stand in DA's trial, and now Cappleman is armed with these jail calls. Wow.

"Are you aware your own brother said there was a 1 in 10,000 chance that you were telling the truth about your trip down Trescott?"
I don’t think that would be admissible against Wendi. It’s an out of court statement by someone else (CA) and is inadmissible hearsay. Also, it’s more prejudicial than probative. CA’s opinion on that is not really relevant. It’s for the jury — not Charlie — to decide if WA is telling the truth. JMO.
 
Also he said he was attracted to his own sister. He never expresses disgust or shock or “eeew” that this happened, not at the time when someone told him who it was (as he describes it), nor on this call.
ETA: Im only going from memory of what I heard. I don’t remember him expressing anything like that, but it might have happened.
 
Could be, but that wouldn't be jury misconduct.

Here's what I hear from the tape:

Harvey @1:31:29: Just see what happens with the jury...with those two jurors.
Charlie @1:32:54: That's the easiest way to get something overturned, the juror misconduct. That's the number one way, I've heard.

Edit - in the youtube description of the call it says, "He thinks potential jurors lied to try and get on the case. One posted on FB about it months earlier and that juror ended up coming to sit in on the trial."

So I guess that's what they're pinning their hopes on.
So why didn't Charlie's lawyer disqualify that juror in selection then? That's on them. Shades of Scott Peterson.
 
So why didn't Charlie's lawyer disqualify that juror in selection then? That's on them. Shades of Scott Peterson.
Well, Charlie says on some of these calls words to the effect that they had to use up too many of their challenges getting REALLY bad jurors stricken. He seems to me to be saying he thinks they should have been given more challenges, or at least more than the state had.
 
Well, Charlie says on some of these calls words to the effect that they had to use up too many of their challenges getting REALLY bad jurors stricken. He seems to me to be saying he thinks they should have been given more challenges, or at least more than the state had.
Maybe he should have opted for a bench trial since he thinks all jurors in Tallahassee are stupid or biased. Ooops!
 
Could be, but that wouldn't be jury misconduct.

Here's what I hear from the tape:

Harvey @1:31:29: Just see what happens with the jury...with those two jurors.
Charlie @1:32:54: That's the easiest way to get something overturned, the juror misconduct. That's the number one way, I've heard.

Edit - in the youtube description of the call it says, "He thinks potential jurors lied to try and get on the case. One posted on FB about it months earlier and that juror ended up coming to sit in on the trial."

So I guess that's what they're pinning their hopes on.
There was also this, but went nowhere
Alternate juror raised group chat concern among jurors
 
"Where are my kids?"
She says to Jane at one point in the interview that when the police showed up at the restaurant, she asked whether it was about her kids, and they told her no, her kids were fine. I don’t know if that’s what happened. I have heard people speculating that they told her the kids were OK either at the restaurant or in the car on the way to the police station. She did not stop and ask about the kids when she drove down Trescott and saw the tape, however, and she was asked about that at Charlie’s trial.
 
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snipped.

Any idea what's being referred to here? Later in the call they say they're hoping for juror misconduct. What info do they think they have on the jury that could overturn a verdict?

I suspect it's a big nothing-burger and just the Adelsons grasping at straws, but I hadn't previously heard this claim.
Maybe they were hoping for something like this to happen. speculation, imo.
Dec 2023
''The judge has declared a mistrial in the trial of Timothy Williams for the 1984 killing of teenager Wendy Jerome.
Judge Thomas Moran blamed juror misconduct, and reportedly said in court, "You did exactly what I told you not to do" and added, "Nobody pays attention to rules anymore."
''Authorities still haven't said what the jurors did''.
 
Sadly I have to agree with Judge Thomas Moran more and more it seems like a lot of people just don’t have a sense of decorum during these court proceedings. That whole nightmare with the clerk of court in SC and a couple of those jurors is a perfect example. Even in this case, the alternate juror waiting after verdict to raise a non-issue for what exactly? Attention? He wanted his 15 mins on CourtTV? It’s a troubling trend. And based on these calls, “juror misconduct” is highly sought after by defense. It creates mistrust in the jury system, which is not good. JMO
 
Two new affidavits have been released seeking search warrants for Harvey’s phone and iPad. You will recall that they seized two iPhones and an iPad from Harvey’s apartment when they searched it on 11/14. They already requested, and were granted, a warrant for the data on one of the phones.

Now, they have filed these two affidavits seeking warrants for the data on the second phone and the iPad. The affidavits say they are looking for evidence relating to fleeing the country to evade apprehension, as well as anything related to the murder, or Donna’s communications before and after the murder.
 
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Two new affidavits have been released seeking search warrants for Harvey’s phone and iPad. You will recall that they seized two iPhones and an iPad from Harvey’a apartment when they searched I it in 11/14. They already requested, and were granted, a warrant for the data on one of the phones. Now, they have filed these two affidavits seeking warrants for the data on the second phone and the iPad. The affidavits say they are looking for evidence relating to fleeing the country to evade prosecution, as well as anything related to the murder.
Waaaaaweeeeee. It’s on babyyyy! Harvey right now:

 
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