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

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Here's the stipulated motion confirming that DA/HA did not have a deposition and will not be called at trial.

Thanks for posting the motion @Marvin Berry.

It now makes sense that the State would only want one Adelson (WA) on the record with derivative use immunity. I've been too eager to nail them all so I'm glad somebody is paying attention here i.e., Asst State Attorney!

And because CA's attorney offered to remove the parents from the witness list (10/12 hearing) if the State would abandon efforts to interview these witnesses before trial, this effort by CA's defense attorney had the effect of waiving CA's right to ever call his parents as witnesses in this case, including during his case in chief or in rebuttal. To ensure compliance, the State requested the Court issue an Order precluding CA from calling mom and dad as witnesses.
 
Here's the stipulated motion confirming that DA/HA did not have a deposition and will not be called at trial.

Item #5 is particularly interesting.

5 - Based on Defendant's waiver as articulated above coupled with Its concerns about the
impact on potential future prosecutions of granting the Adelsons use and derivative use immunity in accordance with Florida Statute 914.04, the State agrees to withdraw all existing subpoenas issued to Harvey and Donna Adelson compelling them to testify in this cause.


Looks like the prosecutors don't want to be faced with a 'fruit of the poisonous tree' type situation. I supposed that arguing inevitable discovery may be a tough sell considering how long it's been since Dan's murder.
 
I couldn't make out if Georgia was saying she was ready to go with opening statements and witnesses this upcoming week or the following week? If they begin jury selection on Monday, they could theoretically have a seated jury by Wednesday. Also, of interest, appears the defense is using a jury consultant. A male attorney. Wonder who that is.
 
Thanks for posting the motion @Marvin Berry.

It now makes sense that the State would only want one Adelson (WA) on the record with derivative use immunity. I've been too eager to nail them all so I'm glad somebody is paying attention here i.e., Asst State Attorney!

And because CA's attorney offered to remove the parents from the witness list (10/12 hearing) if the State would abandon efforts to interview these witnesses before trial, this effort by CA's defense attorney had the effect of waiving CA's right to ever call his parents as witnesses in this case, including during his case in chief or in rebuttal. To ensure compliance, the State requested the Court issue an Order precluding CA from calling mom and dad as witnesses.
I wonder if that also includes a sentencing phase.
 
I'm familiar with a case that involved a protection order and the parent was able to write an impact statement to the court for sentencing -- couldn't do it in person. I think this would be similar since it's not a sworn statement for sentencing. JMO
I can't imagine Donna not trying to save her golden boy.
 
I couldn't make out if Georgia was saying she was ready to go with opening statements and witnesses this upcoming week or the following week? If they begin jury selection on Monday, they could theoretically have a seated jury by Wednesday. Also, of interest, appears the defense is using a jury consultant. A male attorney. Wonder who that is.
She said the earliest she would have witnesses ready to go was Wednesday of this coming week (the 25th). I think the judge said if a jury was selected quickly, they could have openings on Wednesday and witnesses begin on Thursday.
 
I couldn't make out if Georgia was saying she was ready to go with opening statements and witnesses this upcoming week or the following week? If they begin jury selection on Monday, they could theoretically have a seated jury by Wednesday. Also, of interest, appears the defense is using a jury consultant. A male attorney. Wonder who that is.

I'm finding Judge Everett extremely efficient but even Judge Wheeler anticipated a jury could be seated before Friday with opening statements/testimony beginning on or before Monday, October 30 (per Case Management Order).

IMO, the issue with the trial start date is more about the room capacity during the screening process where they only schedule a certain fixed number of juror candidates to show up each day. Some days they might finish screening those jurors earlier than other days and the Court will just go on recess until the next day versus begin testimony earlier in the week. JMO

ETA: Judge Everett said they are screening 50/day and he also anticipates a jury will be seated by Thursday or Friday next week.

Trial hours will be 9 am-5:30 pm each day of trial, and State Attorney Cappleman requested trial end early on Wednesdays -- between 5- 5:15 pm.

 
I couldn't make out if Georgia was saying she was ready to go with opening statements and witnesses this upcoming week or the following week? If they begin jury selection on Monday, they could theoretically have a seated jury by Wednesday. Also, of interest, appears the defense is using a jury consultant. A male attorney. Wonder who that is.

She said the earliest she could produce witnesses would be this Wednesday, October 25.

Also, I think the jury screening number is 100/day. One round of 50 in the morning, another 50 in the afternoon.
 
Thanks -- I missed they were calling candidates in two shifts.

yes - here is what I have in my notes from Friday.

10/20/23 Update: Starting with a pool of 50 jurors on Monday morning, 10/23/23, adding 50 more in the afternoon, repeat the following day(s) until 12 jurors + 3 alternates selected. Judge estimates jury will be seated by Thursday, 10/26 or Friday, 10/27. And also said if a jury was selected quickly, they could have openings on Wednesday, 10/25 & witnesses begin on Thursday, 10/26. Judge set trial hours to be 9am to 5:30pm & he is reserving the first few rows on his left for media & cameras. State Attorney Cappleman requested trial end early on Wednesdays -- between 5-5:15pm.
 
I can’t believe this day is finally here! Charlie Adelson is going to trial! The only thing is we already know all the evidence. Although I’m curious what Charlie’s defense will be and whether he’ll testify.
 
I can’t believe this day is finally here! Charlie Adelson is going to trial! The only thing is we already know all the evidence. Although I’m curious what Charlie’s defense will be and whether he’ll testify.
I see them blaming drugs, even money laundering, and attacking the character of the witnesses already convicted of the murder. Will it be effective? Not likely.

CA won't ever testify-- defense and family simply won't have it! JMO
 
My prediction? He’s going to say Katie Magbanua was blackmailing him. He told her the problems Wendi was having with Dan and she took it upon herself to take care of it for him. She was obsessed with him. She thought it would make him want to be with her/marry her. When he refused she threatened to implicate him and started asking him for money. When the FBI agent approached his mother, he thought it was just Katie trying to blackmail him for more money. That’s why he kept calling her to take care of it.
 
My prediction? He’s going to say Katie Magbanua was blackmailing him. He told her the problems Wendi was having with Dan and she took it upon herself to take care of it for him. She was obsessed with him. She thought it would make him want to be with her/marry her. When he refused she threatened to implicate him and started asking him for money. When the FBI agent approached his mother, he thought it was just Katie trying to blackmail him for more money. That’s why he kept calling her to take care of it.

Yes! KM's own performance during not one but two trials could easily support this defense theory.

Looking at a mother with minor children and both parents facing LWOP, who wouldn't come clean and implicate CA et., al, in the murder for hire of the despised former husband and father of the grandchildren. It's crazy. As is KM's credibility as a witness for the State! JMO
 
My prediction? He’s going to say Katie Magbanua was blackmailing him. He told her the problems Wendi was having with Dan and she took it upon herself to take care of it for him. She was obsessed with him. She thought it would make him want to be with her/marry her. When he refused she threatened to implicate him and started asking him for money. When the FBI agent approached his mother, he thought it was just Katie trying to blackmail him for more money. That’s why he kept calling her to take care of it.
Interesting. But isn't there evidence of a large payment the same day that Dan was shot? JMO.
 
Interesting. But isn't there evidence of a large payment the same day that Dan was shot? JMO.
Yes the stapled money that Katie took to Rivera’s house. It’ll be interesting to see how defense explains that. Rivera was weak during the 2nd trial. Memory had faded and he seemed tired. I’m really curious how he will do now that even more time has passed. I think it will be easy to call his credibility into question this time around. I hope the state preps him well!
 
Yes the stapled money that Katie took to Rivera’s house. It’ll be interesting to see how defense explains that. Rivera was weak during the 2nd trial. Memory had faded and he seemed tired. I’m really curious how he will do now that even more time has passed. I think it will be easy to call his credibility into question this time around. I hope the state preps him well!
The stapled money, the many large checks written to Katie by Donna after Dan’s murder, Harvey’s old Lexus that was given to Katie (wait …was that in evidence?)
 
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