Seattle1
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The defense trying to bargain with the Court was not a good look: "Just let me remove Mr & Mrs from the defense witness list and all of this can go away."
FL - FSU Law Professor Dan Markel Murdered by Hitmen *3 guilty* #14
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Seattle1
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Paywall.This was one of the motions that were pending...
Judge Allows Wiretap In Trial Over Fla. Law Professor's Killing - Law360
A Florida state judge in Tallahassee ruled that a police recording of a dentist accused of killing a Florida State University law professor can be used at trial, allowing the prosecution to show that the recording is relevant in establishing a conspiracy in a murder-for-hire plot.www.law360.com
Oct. 13, 2023
Well - I can not read this article - anyone? maybe a 10% synopsis? TIA!
From the title, appears the Court admitted the wire-tap, and did not accept the defense argument the warrant was stale.
Defense argument: The defense wants wiretaps excluded from trial. Their claim is that the warrant to approve the wiretap warrant was inappropriate, as the murder had occurred about two years prior, and (to their thinking) there was nothing current to justify such an invasion of privacy. In other words, the defense says, the details provided to the judge who issued the warrant were “stale” and that the state should have pursued less intrusive methods for obtaining evidence.
Dan Markel murder case sees several big developments this week
A judge made several important rulings.
floridapolitics.com
'' Judge Stephen Everett delivered a series of pivotal decisions, most of which reinforce the strength of the State’s case. Justice for Dan’s Karen Cyphers was in the courtroom providing us with live coverage and analysis.
Here are a few of the big rulings:
The full “Dolce Vita” enhanced audio recording can be played, but transcript must stay out''
''Lacasse can say that Wendi said Charlie Adelson had seriously looked into hiring hitmen, but only as “impeachment” material''
''Lacasse can say that Wendi said Charlie Adelson had seriously looked into hiring hitmen, but only as “impeachment” material''
''Donna and Harvey Adelson will have to sit for an investigative interview''
clearskies1
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I think the headline probably doesn't tell the full story. The article byline is dated October 11. On Oct. 11 the judge held a hearing on pending motions and issued several rulings, including his ruling granting the state's motion to have some of the wiretaps deemed admissible and not barred by hearsay rules.This was one of the motions that were pending...
Judge Allows Wiretap In Trial Over Fla. Law Professor's Killing - Law360
A Florida state judge in Tallahassee ruled that a police recording of a dentist accused of killing a Florida State University law professor can be used at trial, allowing the prosecution to show that the recording is relevant in establishing a conspiracy in a murder-for-hire plot.
Oct. 13, 2023
Well - I can not read this article - anyone? maybe a 10% synopsis? TIA!
However, separate from the state's motion, the defense had filed a motion to suppress the wiretaps as being stale/not supported by probable cause under the 4th Amendment. Although the judge ruled in favor of the state on the hearsay issue, he stated that the ruling was subject to his future ruling on CA's 4th amendment motion to suppress. (This is stated in the attached Oct. 11 order regarding Section VII of the state's motion). My understanding is that if the judge ultimately grants the defense's motion to suppress, the wiretaps covered will not be admissible. JMO.
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clearskies1
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Yes, he's off the case permanently. He switched to handling family law cases.
Evidence, witness lists will give glimpse into Charlie Adelson’s upcoming murder trial
Witness lists, evidence lists and pre-trial motions are all due Friday, September 22, as both the state and defense team get ready for Adelson’s upcoming trial.
newbysleuther
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Wiretaps are IN! Motion to suppress DENIED!
clearskies1
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Tomorrow (10/17) afternoon: Scheduled state investigatory interviews of HA and DA.
Seattle1
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Great! I thought the State's response to the defense allegation that the details used by the prosecution to obtain the warrant were stale, convincingly demonstrated the opposite.
Prior to the favorable ruling by Judge Everett today, 10/16, the state countered the defense as follows:
State’s argument: Assistant State Attorney Rachel Jankowski responded to Meyers. She presented the state’s response, presenting additional case law, and outlining the exhaustive investigation that preceded the wiretap warrant. This included multiple far less “intrusive” methods that had been either attempted or ruled out as having investigative merit. The State argued that the data provided to the court was in no way “stale.” While the murder had indeed occurred in 2014, the conspiracy itself was very much current at the time of the wiretaps, as Charlie and Donna were still paying out Katie and her accomplices. Donna was actively signing checks to Katie from the Adelson Institute, the family’s dental practice, right up until the bump – despite no evidence she was completing any work for them, and Charlie was continually providing gifts of monetary value to Katie.
One key piece of the State’s response included the following statement: “… the affiant explained in excruciating detail the flow of communication which started with Dan Markel’s ex-wife. Wendi Adelson would talk to her mother and brother, her brother would meet with and talk with his ex-girlfriend Katherine Magbanua, and Katherine Magbanua would meet with Sigfredo Garcia and Luis Rivera …”
Despite having a strong sense of who was involved, the State argued that noting the pattern of communications alone wouldn’t be enough for convictions. Rather, evidence of the content of these communications was needed. That’s what the wiretaps achieved, and why the warrant to intercept conspirator calls was indeed proper.
Judge’s decision: Pending. Everett asked multiple follow-up questions of Jankowski, clarifying that the bump was expected to provide evidence of the murder as well as fresh evidence of attempts to conceal the completed crime. He will be reviewing additional case law provided by State and Defense and then provide his ruling.
The State's argument
October 16, 2023 rbbm.
Adelson's parents must answer questions before son's murder trial
Charlie Adelson's parents must appear for questioning before their son goes on trial for the murder of FSU law professor Dan Markel.
www.courttv.com
That prompted the prosecutor to ask the judge to order them to answer their questions. He ruled Thursday that the Adelsons must answer the state’s questions about any involvement with their son.
If the Adelsons do not follow through with the questioning, the judge says he will consider holding them in contempt.
Adelson’s trial is set to begin on October 23rd.''
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Tuesday, October 17th:
*Investigative Interview (Disposition of Donna & Harvey A) (@ 1:30pm ET) - FL – Daniel Eric Markel (41) (shot to death July 18, 2014, Tallahassee) - *Charles Jay Adelson (37 @ time of crime/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).
Jury selection set to begin on 10/23/23. (3 to 5 days for jury sel to 10/25)
Trial set to begin on 10/26/23. (thru 11/9/23).
Judge Stephen Everett presiding. Prosecutor Georgia Cappleman. Defense attorney Daniel Rashbaum.
Court info from 4/21/22 thru 10/6/23 reference post #170 here:
https://www.websleuths.com/forums/t...murdered-by-hitmen-1-guilty-14.675427/page-98
10/9/23 Update: Motions hearing: Defense argument: The defense wants wiretaps excluded from trial. State’s argument: Assistant State Attorney Rachel Jankowski responded to Meyers. Judge’s decision: Pending. (Update 10/13/23: Judge Everett will allow wiretap). Judge Everett asked multiple follow-up questions of Jankowski, clarifying that the bump was expected to provide evidence of the murder as well as fresh evidence of attempts to conceal the completed crime. He will be reviewing additional case law provided by State & Defense & then provide his ruling.
Can the “enhanced” Dolce Vita recording be played for jurors? Judge’s decision: The McElveen enhancement is admissible.
Can the first few minutes of the Dolce Vita recording be played for jurors? Background: By the time the enhanced recording begins, Charlie & Katie are already into their dialogue. The first thing that can be heard is Charlie saying, “If they had any evidence, we would have already gone to the airport.” Judge’s decision: The first few minutes of “Dolce Vita” will be admissible.
Can the Dolce Vita transcript be shown to jurors? Judge’s decision: The transcript will not be admissible.
Can Jeff Lacasse tell the jury that Wendi admitted her brother Charlie had seriously looked into hiring hit men the prior summer? Judge’s decision: Lacasse can share what he heard, but only for impeachment purposes.
Can Dan and Wendi’s divorce filings be shared with the jury? Judge’s decision: The divorce records will be admitted.
Can June Umchinda share that Donna felt “haunted” by Dan Markel? Judge’s decision: The Judge will give the State a day to see if there’s any additional evidence regarding Charlie’s specific state of mind — but is leaning toward “hauntings” being excluded.
Rulings on a few issues remain outstanding, the largest being whether the wiretaps will be admissible. Other outstanding decisions include whether a transcript of a recording of Charlie & Harvey at a sushi restaurant (“Matsuri”) may be shared, and if Umchinda may disclose that Donna felt “haunted” by Charlie.
Beyond these issues, Everett denied the ability for the Defense team to use a special questionnaire during jury selection & will allow jurors to use headphones when listening to audio.
Finally, Everett will hear arguments on Thursday, 10/12/23 at 11:30 a.m. regarding whether Donna & Harvey Adelson should be forced to sit for investigative interviews, or if they can be held in contempt of court for refusing to do so. Next pretrial hearing on 10/20/23 @ 9am. 10/14/23 Update: Quote from clearskies1: On Oct. 11 the judge held a hearing on pending motions & issued several rulings, including his ruling granting the state's motion to have some of the wiretaps deemed admissible & not barred by hearsay rules. However, separate from the state's motion, the defense had filed a motion to suppress the wiretaps as being stale/not supported by probable cause under the 4th Amendment. Although the judge ruled in favor of the state on the hearsay issue, he stated that the ruling was subject to his future ruling on CA's 4th amendment motion to suppress. (This is stated in the attached Oct. 11 order regarding Section VII of the state's motion). My understanding is that if the judge ultimately grants the defense's motion to suppress, the wiretaps covered will not be admissible.
10/12/23 Update: Judge Everett schools Donna & Harvey Adelson's lawyer. Denies their motion to dismiss. Denies a stay so they can appeal. Said that if they aren't produced for the investigative interview on 10/17/23, it will move into contempt proceedings.
10/16/23 Update: Judge Everett DENIES defense’s motion to suppress (wire taps).
*Katharine Diana Magbanua (32/now 38) – 5/27/22: Found 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/now 40) – 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/now 39) 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.
*Investigative Interview (Disposition of Donna & Harvey A) (@ 1:30pm ET) - FL – Daniel Eric Markel (41) (shot to death July 18, 2014, Tallahassee) - *Charles Jay Adelson (37 @ time of crime/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).
Jury selection set to begin on 10/23/23. (3 to 5 days for jury sel to 10/25)
Trial set to begin on 10/26/23. (thru 11/9/23).
Judge Stephen Everett presiding. Prosecutor Georgia Cappleman. Defense attorney Daniel Rashbaum.
Court info from 4/21/22 thru 10/6/23 reference post #170 here:
https://www.websleuths.com/forums/t...murdered-by-hitmen-1-guilty-14.675427/page-98
10/9/23 Update: Motions hearing: Defense argument: The defense wants wiretaps excluded from trial. State’s argument: Assistant State Attorney Rachel Jankowski responded to Meyers. Judge’s decision: Pending. (Update 10/13/23: Judge Everett will allow wiretap). Judge Everett asked multiple follow-up questions of Jankowski, clarifying that the bump was expected to provide evidence of the murder as well as fresh evidence of attempts to conceal the completed crime. He will be reviewing additional case law provided by State & Defense & then provide his ruling.
Can the “enhanced” Dolce Vita recording be played for jurors? Judge’s decision: The McElveen enhancement is admissible.
Can the first few minutes of the Dolce Vita recording be played for jurors? Background: By the time the enhanced recording begins, Charlie & Katie are already into their dialogue. The first thing that can be heard is Charlie saying, “If they had any evidence, we would have already gone to the airport.” Judge’s decision: The first few minutes of “Dolce Vita” will be admissible.
Can the Dolce Vita transcript be shown to jurors? Judge’s decision: The transcript will not be admissible.
Can Jeff Lacasse tell the jury that Wendi admitted her brother Charlie had seriously looked into hiring hit men the prior summer? Judge’s decision: Lacasse can share what he heard, but only for impeachment purposes.
Can Dan and Wendi’s divorce filings be shared with the jury? Judge’s decision: The divorce records will be admitted.
Can June Umchinda share that Donna felt “haunted” by Dan Markel? Judge’s decision: The Judge will give the State a day to see if there’s any additional evidence regarding Charlie’s specific state of mind — but is leaning toward “hauntings” being excluded.
Rulings on a few issues remain outstanding, the largest being whether the wiretaps will be admissible. Other outstanding decisions include whether a transcript of a recording of Charlie & Harvey at a sushi restaurant (“Matsuri”) may be shared, and if Umchinda may disclose that Donna felt “haunted” by Charlie.
Beyond these issues, Everett denied the ability for the Defense team to use a special questionnaire during jury selection & will allow jurors to use headphones when listening to audio.
Finally, Everett will hear arguments on Thursday, 10/12/23 at 11:30 a.m. regarding whether Donna & Harvey Adelson should be forced to sit for investigative interviews, or if they can be held in contempt of court for refusing to do so. Next pretrial hearing on 10/20/23 @ 9am. 10/14/23 Update: Quote from clearskies1: On Oct. 11 the judge held a hearing on pending motions & issued several rulings, including his ruling granting the state's motion to have some of the wiretaps deemed admissible & not barred by hearsay rules. However, separate from the state's motion, the defense had filed a motion to suppress the wiretaps as being stale/not supported by probable cause under the 4th Amendment. Although the judge ruled in favor of the state on the hearsay issue, he stated that the ruling was subject to his future ruling on CA's 4th amendment motion to suppress. (This is stated in the attached Oct. 11 order regarding Section VII of the state's motion). My understanding is that if the judge ultimately grants the defense's motion to suppress, the wiretaps covered will not be admissible.
10/12/23 Update: Judge Everett schools Donna & Harvey Adelson's lawyer. Denies their motion to dismiss. Denies a stay so they can appeal. Said that if they aren't produced for the investigative interview on 10/17/23, it will move into contempt proceedings.
10/16/23 Update: Judge Everett DENIES defense’s motion to suppress (wire taps).
*Katharine Diana Magbanua (32/now 38) – 5/27/22: Found 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/now 40) – 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/now 39) 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.
katiecoolady
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Is there still a pre-trial hearing on Friday at 9am EST? Anyone know?
texaslb218
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Check Vinnie from last night. The Markle mother was on telling lots of upcoming times.
Seattle1
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katiecoolady
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Watching that now--thank you!
Niner
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As far as I know - yes - pretrial hearing on 10/20/23.
Still do not know what happened at that investigative hearing for Donna & Harvey. But I guess we won't find out anything on that.
Would we know now if they refused to attend or refused to answer questions?
clearskies1
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Seattle1
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And I would like to know if CA still has his hearing on 10/20/23? TIA!
From the Case Management Order, not seeing that the in-person pretrial hearing for 10/20/23 was vacated. Also, Jury selection is calendared for Monday, 10/23/23, expected to conclude on or before Friday, 10/27/23, and testimony will begin on or before Monday, 10/30/23:
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