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

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My take on Opening Statements:

The state laid out the facts as expected, and the defense gets two points for questioning why it took so long to charge CA . Defense says no new evidence (since KM arrested), and they will play both Dolce Vita wiretaps as proof (i.e., original and enhanced recordings).
 
He set that up by saying that Charlie talks a lot and repeats himself. He talks to his girlfriend as one of those people he talks to. He said Charlie had one third of the money. But also said he had more money than parents or Wendi- so setting up why Charlie and not the others.
 
I'm very curious what CA's defense will be. Under the law, of course, the burden to prove his guilt beyond a reasonable doubt is entirely on the state, and CA has no obligation to present any defense whatsoever. The defense can remain totally silent, or it can just try to poke holes in the state's case. In practice, however, defendants usually try to present the jury with some plausible alternative theory to that presented by the state -- one that convinces the jury that the defendant didn't do it.

Assuming CA's defense does want to present some plausible theory of his innocence, they have to contend with what's probably incontrovertible at this point: two thugs who had never met DM drove all the way from Miami to Tallahassee to murder him. They didn't rob him or try to do a drug deal with him--they just killed him. And those two thugs had a connection to the Adelsons via one of their SO's (KM). Given those facts, what can CA argue? A few possibilities (none very plausible to me):

1. CA has absolutely no idea why any of this happened. Just zero connection to any of the plot. If his GF KM was indeed involved, she did it entirely on her own, perhaps in a misguided attempt to please CA, and without telling CA of her involvement.

2. CA was somehow blackmailed/extorted/coerced/threatened by SG/KM/LR into a conspiracy to kill DM.

3. CA was involved in the plot, but the plan was just to warn/intimidate/rough up DM, not murder him.

4. Some combination of DA, WA, and HA were behind the plot, and communicated directly with KM, but CA wasn't involved.

Again, I don't think any of those possible defenses is plausible, and there is tons of evidence contradicting all of them. But what other potential defenses does he have? Perhaps Mr. Rashbaum will enlighten us tomorrow. Until then, speculate away...

So it sounds like the defense will be a combination of #1 and #2: CA had nothing to do with the murder plot, but afterwards, KM and others extorted him to pay them $$. It's absurd -- they want the jury to believe that SG and LR and KM committed a murder of a stranger for $0, subjecting themselves to a possible life sentence or even the death penalty, on the mere hope that they could get money from CA later? If that theory was true, why wouldn't CA just go to the cops? The reason is obvious: he was up to his eyeballs in it from the beginning, and he knew that if he went to the cops, he would have to answer a ton of questions that he wouldn't be able to answer without incriminating himself.
 
Observation: alternating views between L&C and T-Democrat and the later seems to capture defendant CA more often who continues to cover his mouth with his hand, and shakes his head every time he disagrees with State Attorney Cappleman who is presenting evidence.
 
Carl Steinbeck on STS live feed ( first court recess - STS commentary) has graded Rushbaum an F grade and said ' Rushbaum might as well well claim that aliens came down and did this' :D

eta
The other commentator on the show - Law Professor Miller - has given him a D & says only positive is that he acknowledged that DM is a victim. She added nobody will want to do a jigsaw puzzle tonight because that would annoy them too much
FanciFiction says she's ' having an out of body experience' ( because the opening was bad & she's relieved)
Joel W is simply baffled! ( eg by ' extortion on extortion')
 
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