FL - FSU Law Professor Dan Markel Murdered by Hitmen *3 guilty* #14

[katiecoolady]

So looks like the defense is trying to withhold some "impeachable" evidence and the State is fighting it. Hearing on Oct. 9th over it. My suspicion is it's about KM. First Rashbaum gets her proffer(s) sealed, then leaks via his buddy Tim Jantzen (also he made a similar statement in court) that there is nothing there. It seems to me he's up to something fishy around KM's testimony. He clearly is wanting it out there that he's not worried about it, while wanting it sealed.. But why? We will see on Oct 9 what it's about as the State is fighting it.

 

[katiecoolady]

My theory on the "same outfit" issue is that she wants all public appearances to blend together so that people may not remember when/where she said what or was with who.

To me, it also speaks to how well planned and calculated she is in all things. I keep thinking there will be evidence to show the planning for the move to S. Florida long before Dan was killed. That can't just happen in two days and in Ruth M's book she spoke about how the house was clearly half packed up after the funeral. There has to be evidence somewhere (Donna?) of research about moving companies, purchase of packing supplies, contacting utilities--all the things that have to be done on both ends for a move that big. She also planned way in advance her "Pearl Harbor" divorce on Dan. She is a very calculating person. I'd also throw her relationship with Jeff LaCasse in to that mix too.

 

[yazoost]

Do we know for sure that yesterday's motions will be heard on Monday? Or will they schedule a second hearing to give both sides more time to prepare?

 

[clearskies1]

Do we know for sure that yesterday's motions will be heard on Monday? Or will they schedule a second hearing to give both sides more time to prepare?

I guess it's possible that another hearing will be scheduled for the State's motion to compel, but it doesn't look like it because the on-line docket currently says this:
MOTION HEARING 10/9/2023 1:30 PM EVERETT JIS
ALL PENDING MOTIONS (3 HRS)

The docket also shows that the defense filed a response to the State's motion to compel, but there is no pdf of it available yet. I assume it will be available soon.

 

[clearskies1]

Here is the Defense's response to the State's motion to compel. It looks like the whole thing is a non-issue but I guess we shall see...

 

[clearskies1]

This is interesting. Per the attached, the State issued subpoenas to Harvey and Donna Adelson for them to be interviewed on October 3, but their attorney said that they would plead the 5th. The attorney claimed that the immunity that attaches to a trial subpoena does not apply to an investigative subpoena. The State has now filed a petition with the court, arguing that Harvey and Donna should be held in contempt of court and should be required to answer questions under future State investigative subpoenas.

 

[cujenn81]

This is interesting. Per the attached, the State issued subpoenas to Harvey and Donna Adelson for them to be interviewed on October 3, but their attorney said that they would plead the 5th. The attorney claimed that the immunity that attaches to a trial subpoena does not apply to an investigative subpoena. The State has now filed a petition with the court, arguing that Harvey and Donna should be held in contempt of court and should be required to answer questions under future State investigative subpoenas.

The same thing happened to the parents of the Seminole Heights serial killer/shooter in Tampa.

Seminole Heights suspect's parents sentenced to house arrest, found in contempt of court

TAMPA – Howell Donaldson Jr. and Rosita Donaldson weren't even in court when attorneys began arguing Friday morning about their two-month long refusal to testify about their son, the suspect in...

www.tampabay.com

Judge Mark Wolfe found the parents to be in indirect civil contempt of court after an hour-long hearing and ordered a six-month home confinement. Their refusal to discuss their son's case violated a December court order compelling them to meet with prosecutors gathering evidence against Howell Donaldson III, who is charged with four counts of first-degree murder.

 

[Blue Shakehead]

This is interesting. Per the attached, the State issued subpoenas to Harvey and Donna Adelson for them to be interviewed on October 3, but their attorney said that they would plead the 5th. The attorney claimed that the immunity that attaches to a trial subpoena does not apply to an investigative subpoena. The State has now filed a petition with the court, arguing that Harvey and Donna should be held in contempt of court and should be required to answer questions under future State investigative subpoenas.

What exactly is the Adelson/Rashbaum game plan here? Donna and Harvey are on the Defense's witness list and have been Rashbaum's clients for years. So the Defense knows exactly what they are going to say when called to testify. Will Donna or Harvey or both try to take the fall for Charlie and Wendi? A life sentence is really not that long when you are 75 or 79.

They should have all been charged and tried together to avoid this nonsense.

 

[Ferpo]

This is interesting. Per the attached, the State issued subpoenas to Harvey and Donna Adelson for them to be interviewed on October 3, but their attorney said that they would plead the 5th. The attorney claimed that the immunity that attaches to a trial subpoena does not apply to an investigative subpoena. The State has now filed a petition with the court, arguing that Harvey and Donna should be held in contempt of court and should be required to answer questions under future State investigative subpoenas.

Thanks for posting this! The new judge is quickly being asked to address some serious issues. Interesting to see:

1. What a real subpoena looks like
2. That the proposed interview would happen in a FBI office (maybe this is commonplace)
3. The name of the attorney representing DA and HA
4. That the attorney stated she wasn't aware that DA and HA were on the both the Defense and State witness lists. How is this even possible?

 

[clearskies1]

Here is the judge's order requiring that Harvey and Donna or their attorney appear on October 9 to show cause why the should not be held in contempt for failing to comply with the investigative subpoena.

 

[katiecoolady]

Here is the judge's order requiring that Harvey and Donna or their attorney appear on October 9 to show cause why the should not be held in contempt for failing to comply with the investigative subpoena.

October 9th is sure going to be an interesting day in court.

 

[Ferpo]

Meanwhile, the Florida Department of Corrections is today reporting that KM is "Out of Department Custody by Court Order". The Leon County jail online inmate search does not show her (third) check-in yet, as of October 4, 1 PM Eastern Time.

 

[Ferpo]

Meanwhile, the Florida Department of Corrections is today reporting that KM is "Out of Department Custody by Court Order". The Leon County jail online inmate search does not show her (third) check-in yet, as of October 4, 1 PM Eastern Time.

Now the check-in appears:

 

[Gardenista]

Now the check-in appears:

View attachment 451504

Soooo happy lol.

 

[yazoost]

Possible that Rashbaun/Adelsons are trying to goad the prosecution into asking for a continuance. Throw so much crap out there that neither the state nor the court can deal with it in time.

 

[clearskies1]

Possible that Rashbaun/Adelsons are trying to goad the prosecution into asking for a continuance. Throw so much crap out there that neither the state nor the court can deal with it in time.

I don't think these events are a surprise to the State. The recent filings are straight forward and I don't see the State being thrown off their game by them. JMO.

 

[Marvin Berry]

4. That the attorney stated she wasn't aware that DA and HA were on the both the Defense and State witness lists. How is this even possible?

I'm sure that HA/DA and their attorney knew that they were on the respective witness lists; but they wouldn't officially know until trial subpoenas are issued. That leaves them room to claim ignorance. The issue will be whether the "Interview" subpoena issued to HA & DA imparts them immunity under Fla. Stat. 914.04 like a trial subpoena. If the judge rules that it does, HA/DA will likely be compelled to testify at the interview.

 

[katiecoolady]

Soooo happy lol.

She sure seems to like it in Tallahassee.

 

[clearskies1]

I'm sure that HA/DA and their attorney knew that they were on the respective witness lists; but they wouldn't officially know until trial subpoenas are issued. That leaves them room to claim ignorance. The issue will be whether the "Interview" subpoena issued to HA & DA imparts them immunity under Fla. Stat. 914.04 like a trial subpoena. If the judge rules that it does, HA/DA will likely be compelled to testify at the interview.

The Defense witness list was filed with the court on September 22 and is publicly available on on the court website. In her October 2 email (which was included in State's petition for an order to show cause), HA/DA's lawyer said that she had not seen the Defense witness list.

The law seems to explicitly state that immunity attaches to investigative subpoenas issued by the State, so I see no way that the judge will rule against the State.

BBM.

"914.04 Witnesses; person not excused from testifying or producing evidence in certain prosecutions on ground testimony might incriminate him or her; use of testimony given or evidence produced.—No person who has been duly served with a subpoena or subpoena duces tecum shall be excused from attending and testifying or producing any book, paper, or other document before any court having felony trial jurisdiction, grand jury, or state attorney upon investigation, proceeding, or trial for a violation of any of the criminal statutes of this state upon the ground or for the reason that the testimony or evidence, documentary or otherwise, required of the person may tend to convict him or her of a crime or to subject him or her to a penalty or forfeiture, but no testimony so given or evidence so produced shall be received against the person upon any criminal investigation or proceeding. Such testimony or evidence, however, may be received against the person upon any criminal investigation or proceeding for perjury committed while giving such testimony or producing such evidence or for any perjury subsequently committed."

Statutes & Constitution :View Statutes : Online Sunshine

 

[MTW2011]

The Defense witness list was filed with the court on September 22 and is publicly available on on the court website. In her October 2 email (which was included in State's petition for an order to show cause), HA/DA's lawyer said that she had not seen the Defense witness list.

The law seems to explicitly state that immunity attaches to investigative subpoenas issued by the State, so I see no way that the judge will rule against the State.

BBM.

"914.04 Witnesses; person not excused from testifying or producing evidence in certain prosecutions on ground testimony might incriminate him or her; use of testimony given or evidence produced.—No person who has been duly served with a subpoena or subpoena duces tecum shall be excused from attending and testifying or producing any book, paper, or other document before any court having felony trial jurisdiction, grand jury, or state attorney upon investigation, proceeding, or trial for a violation of any of the criminal statutes of this state upon the ground or for the reason that the testimony or evidence, documentary or otherwise, required of the person may tend to convict him or her of a crime or to subject him or her to a penalty or forfeiture, but no testimony so given or evidence so produced shall be received against the person upon any criminal investigation or proceeding. Such testimony or evidence, however, may be received against the person upon any criminal investigation or proceeding for perjury committed while giving such testimony or producing such evidence or for any perjury subsequently committed."

Statutes & Constitution :View Statutes : Online Sunshine

Apologies as I’m still trying to catch up on these recent filings but if they are compelled to testify, could they still take the 5th AND then be held in contempt?

Do we think they may do that… as the consequences for that are much less than if they start implicating themselves or others / the Judge rules that their immunity is limited more than they’re alleging through their attorney currently? Very curious