FL - FSU Law Professor Dan Markel Murdered by Hitmen *4 Guilty* #21

DNA Solves
DNA Solves
DNA Solves

New Posts

Status
Not open for further replies.
clearskies1 said:
Rashbaum knows the evidence through and through. Time can be saved with him on the case, prepping the new lawyer. JMO.
Click to expand...

Call me suspicious but I wouldn't be surprised to see Rash arrange 3-way calls in his office between DA and CA as he's still representing both. How else will they get their stories straight ?
 
cottonweaver said:
maybe he'll want to try and save mommy so he'll want to testify?

But IANAL so rely on others to tell us here whether his 2023 testimony will also be admissable in Donna's trial????
Click to expand...
If Charlie doesn't testify in Donna's trial, his past testimony is not admissible -- Donna did not have the chance to cross-examine him. If he does testify, yes, I think it could be used, but only in a limited way -- to impeach him. I think it would be similar to how Cappleman used June's prior testimony to try to impeach her. JMO.
 
Last edited:
Sustained said:
I see that he once unsuccessfully defended Gary Hilton, the serial killer currently on Death Row.
Click to expand...
Mentour Lawyer has some footage of him in the courtroom - Georgia's prosecuting. Hoyt Birge murder

eu.tallahassee.com

Men convicted of Hoyt Birge murder sentenced to prison

Four men found guilty of the murder of Hoyt Birge last year were sentenced to lengthy prison stints on Tuesday.
eu.tallahassee.com

Considering Donna's effusive comments, just 8 weeks ago, about Rashbaum's amazing skills it's interesting that Rash isn't lead counsel. If it's the same Morris crossing witnesses on Mentour Lawyer's old footage, yes, I can see why he'd do a better job than Rashbaum.... unfortunately

ETA - different attorney in the footage, four defendants. Back of his head doesn't match Morris's bald pattern. Can see Morris sat with defendant Page Briggs but can't hear atty Morris speak
 
Last edited:
Knitpicker said:
Someone stated that the hearing was cancelled tomorrow due to weather. Can anyone confirm?
Click to expand...
Looks like it. Here's the announcement for the relevant circuit:

Circuit-wide Courthouse Closure
Tuesday, January 9, 2024

"The Second Circuit is going to experience severe weather beginning the morning of Tuesday, January 9, 2024. This includes a squall line which is expected to bring sustained 35 MPH winds and gusts of 70+ MPH, as well as a threat of tornados and one-inch sized hail.

Given the information available, Chiff Judge Allman has choosen to close all court facilities in the Second Circuit for the safety of employees and citizens.

First Appearance for the entire circuit will be conducted in Leon County starting at 2:00 PM."

Florida's 2nd Judicial Circuit | Home

Florida's Second Judicial Circuit. The mission of the Second Judicial Circuit is to protect rights and liberties, uphold & interpret the law, and provide for the peaceful resolution of disputes in the six counties of the circuit.
2ndcircuit.leoncountyfl.gov 2ndcircuit.leoncountyfl.gov

(Re the "First Appearance" -- under Fla law, criminal defendants must appear before a judge within 48 hours after arrest. It looks like b/c of the storm all "first appearances" for the circuit are being held in one county -- Leon -- in the afternoon). JMO.
 
clearskies1 said:
Looks like it. Here's the announcement for the relevant circuit:

Circuit-wide Courthouse Closure
Tuesday, January 9, 2024

"The Second Circuit is going to experience severe weather beginning the morning of Tuesday, January 9, 2024. This includes a squall line which is expected to bring sustained 35 MPH winds and gusts of 70+ MPH, as well as a threat of tornados and one-inch sized hail.

Given the information available, Chiff Judge Allman has choosen to close all court facilities in the Second Circuit for the safety of employees and citizens.

First Appearance for the entire circuit will be conducted in Leon County starting at 2:00 PM."

Florida's 2nd Judicial Circuit | Home

Florida's Second Judicial Circuit. The mission of the Second Judicial Circuit is to protect rights and liberties, uphold & interpret the law, and provide for the peaceful resolution of disputes in the six counties of the circuit.
2ndcircuit.leoncountyfl.gov 2ndcircuit.leoncountyfl.gov

(Re the "First Appearance" -- under Fla law, criminal defendants must appear before a judge within 48 hours after arrest. It looks like b/c of the storm all "first appearances" for the circuit are being held in one county -- Leon -- in the afternoon). JMO.
Click to expand...
Thanks.
 
Missyrocks5 said:
Tim J was on STS and said it was Morris. Also, he hears they want the trial by April because Grandma Gotti is not eating much.
Click to expand...
If she isn't eating, it is by her own choice. Perhaps she thinks a frail/emaciated look will garner more sympathy from a jury? Surely they will not hire a "jury consultant" (at least not the one CA had) and instead rely on the common sense of a local attorney and hopefully one who does not find the need to scream when asking questions. Just thinking Alex M. will be the "questioner/local boy" and DR will be "the closer?" (Sorry, just couldn't help myself...)
Did a little research and found jurors are less sympathetic if they are hungry! Who knew?
"With this fact in mind, it’s best to time your testimony for early morning or just after lunch. The worst times for telling your story and attempting to gain sympathy are at the end of the day and right before lunch."
mossberginjurylaw.com

The Important Things You Need to Know to Elicit Sympathy from a Jury

Eliciting sympathy from a jury might not be as easy as you expect. There are a few important things you must know to get the most sympathy.
mossberginjurylaw.com mossberginjurylaw.com
CA's jury came back with a guilty verdict...so they weren't hungry when they reached their unanimous verdict, huh. Oh so much for research....there will always be a study to prove the one thing another study debunks.
 
Last edited:
minusfour said:
1.The Markel grandparents have seen the kids recently-just before Wendi, (the wife), testified in Charlie's trial. (It's been postulated that Wendi knew she would be asked about that on the stand, and she was) Prior to that, they were almost never allowed to see them. Horrible. I don't think they have seen them alone since Dan's death. Dan's father, Phil, has said that the sons had been "brainwashed" by the Adelson family. The Markel's have been campaigning-successfully I think-to have grandparent's rights improved.

2. 12 and 14 (I think)

3. Wendi hasn't been charged-yet, although momentum about the case seems to be growing, and lots of people think that she might be the next person arrested. (Hopefully!) Earlier it seemed that the entire family might have been protected by high powered connections. Wendi-if guilty of course- was cleverer than her brother and mother about concealing her role. Her visit to the crime scene almost immediately after the murder, and numerous explanations for this, as well as the alienation of the grandsons from the Markel family, (she changed their surnames, and the middle name of the older boy, who was named after one of his paternal grandparents), seems compelling evidence that she was somehow involved.

4 She had some limited immunity for her testimony
Click to expand...
Wow. Thanks for that. What was the limited immunity, if you know?
 
IQuestion said:
If she isn't eating, it is by her own choice. Perhaps she thinks a frail/emaciated look will garner more sympathy from a jury? Surely they will not hire a "jury consultant" (at least not the one CA had) and instead rely on the common sense of a local attorney and hopefully one who does not find the need to scream when asking questions. Just thinking Alex M. will be the "questioner/local boy" and DR will be "the closer?" (Sorry, just couldn't help myself...)
Did a little research and found jurors are less sympathetic if they are hungry! Who knew?
"With this fact in mind, it’s best to time your testimony for early morning or just after lunch. The worst times for telling your story and attempting to gain sympathy are at the end of the day and right before lunch."
mossberginjurylaw.com

The Important Things You Need to Know to Elicit Sympathy from a Jury

Eliciting sympathy from a jury might not be as easy as you expect. There are a few important things you must know to get the most sympathy.
mossberginjurylaw.com mossberginjurylaw.com
CA's jury came back with a guilty verdict...so they weren't hungry when they reached their unanimous verdict, huh. Oh so much for research....there will always be a study to prove the one thing another study debunks.
Click to expand...
I doubt it, as you say - they now have Morris to run jury selection.
Am just listening to STS now and TimJansen says that an experienced attorney like Morris is also better placed, in small town like TAL ,because he'll come across people he knows during jury selection- just like Georgia will.

Also interesting to hear it mentioned again, on STS, that Rash had held mock jury trials for Charlie's case. Also, Charlie's trial - he estimated $350K for Dubin's services and around $650K for Rashb.

I guess Donna and Harvey just have to sell another rental - that will cover Donna's trial costs if she doesn't want to use the cash she might have.
 
gitana1 said:
Wow. Thanks for that. What was the limited immunity, if you know?
Click to expand...
She had derivative use immunity, meaning nothing she said on the stand could be used against her so long as she testified truthfully, and if what she said led the state to look for additional evidence, what they found could not be used against her either.

Except- the state can use evidence- even if it is about things she testified to - so long as it was able to get that evidence from a second, independent source (other than Wendi’s testimony).

Also, if she did not tell the truth, the state can use her testimony to impeach her in a future proceeding.

It is the general opinion of most legal experts who I have heard discuss this that the state has plenty of other, independent sources for the matters she testified about, (such as the divorce and her actions on the morning of the murder), and that in any event, her testimony was generally self-serving and not likely to lead the state to any other evidence they would want to use.

The state knew the type of immunity she had (they gave it to her), and so they most likely confined their questioning to areas they knew they had other independent sources for so as not to run into an issue later.
 
Last edited:
amicuscurie said:
She had derivative use immunity, meaning nothing she said on the stand could be used against her so long as she testified truthfully, and if what she said led the state to look for additional evidence, what they found could not be used against her either.

Except- the state can use evidence- even if it is about things she testified to - so long as it was able to get that evidence from a second, independent source (other than Wendi’s testimony).

Also, if she did not tell the truth, the state can use her testimony to impeach her in a future proceeding.

It is the general opinion of most legal experts who I have heard discuss this that the state has plenty of other, independent sources for the matters she testified about, (such as the divorce and her actions on the morning of the murder), and that in any event, her testimony was generally self-serving and not likely to lead the state to any other evidence they would want to use.

The state knew the type of immunity she had (they gave it to her), and so they most likely confined their questioning to areas they knew they had other independent sources for so as not to run into an issue later.
Click to expand...
re bold

including Rashbaum's?
tbc Does that extend to the wide-ranging topics she testified to in court under cross from Rashbaum?
 
Status
Not open for further replies.

DNASolves

Who is DeKalb County John Doe (2022)?

Members online

... and 78 more.
Total: 3,517 (members: 79, guests: 3,438)

Online statistics

Members online
79
Guests online
3,438
Total visitors
3,517
Totals may include hidden visitors.

Forum statistics

Threads
604,346
Messages
18,170,955
Members
232,420
Latest member
Txwoman
Back
Top