FL - FSU Law Professor Dan Markel Murdered by Hitmen *4 Guilty* #24

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In Donna’s case it's tied to the undue delay argument that the arrest was with prejudice and in bad faith because of the passage of time - there was no undue delay argued in Charlie's case and a realistic case for undue delay was not realistic in Charlies case. It is somewhat realistic for Donnas case. However, although its 'somewhat realistic', the undue delay motion is a pipe dream and Rashbaum knows it. Essentially Rashbaum positioned excluding the ‘money drop’ motion as a ‘compromise’ by the state for the undue delay in the arrest. At least that’s how I interpreted Rashbaum's plea to Judge Everett - which is why I am giving him a lot of credit today. Prior to hearing Rashbaum’s argument, I would have thought the motion to drop the 'money drop' allegation would be immediately denied. The fact that Judge Everett is going to review Katie’s testimony before making a decision and consider Rashbaum's argument / request shows that Rashbaum is a good ‘negotiator’. I still think the motion will be denied, but I think Rashbaum made a good case. If its not denied, it will be a major win for Rashbaum. I honestly don't think Rashbaum gives two craps about anything else argued today - excluding the motion to dismiss the case which is a pipe dream and not a realistic motion.
Maybe the other attorney arguing through Rashabaum. Theres so much new evidence. Jail calls/ money drop info, Vietnam fleeing. And what we learned about the extortion (form Donnas perspective-a “double extortion” or “second extortion”. Moldy money, Katies staying they dropped it off.. The state knew nothing about this going into Charlies trial, right? How could he say they had all the same evidence?
 
It’s extremely frustrating to me, because given the timing of the text, and the timing of their arrival in Orlando per cell tower records, the only timeline that makes sense in my opinion is the following hypothetical:

Donna hypothetically left Miami Beach sometime after 7pm, (per the established time of Wendi’s call as documented in her police interview), and arrived at Charlie’s house (probably via 95) sometime around 8, when Donna sent the text (that’s consistent with the time it takes to drive between Miami at FLL in my experience). Donna then hypothetically got back on the Turnpike around 9:30 or 10pm and arrived in Orlando at 1:30 a.m. (That’s consistent with the time it takes to drive from FLL to Orlando, in my experience).

In my opinion, that is the only timeline the SunPass records might support, because it is what most likely happened, in my opinion, based on existing evidence of time of arrival in Orlando and time the text was sent.

For this motion to be granted would be unbelievably prejudicial to the state under any balancing test, because there’s zero prejudice to the defense, in my opinion, from not being able to access the SunPass records, because they wouldn’t help the defense.
 
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He did, but as I recall, he also said they got on the TURNPIKE at an entrance near Dolphins Stadium. That, to the best of my knowledge, is NOT the Dolphin Expressway, not by a long shot. His whole Motion seemed to me to be about being able to show when they got on the TURNPIKE.

What he seemed to me to be describing is the Golden Glades Interchange, where you join the Turnpike from I-95 going North. There’s a SunPass reader there. Just as you enter, you pass Dolphins STADIUM.

I believe he misspoke. Or he doesn’t know what that interchange is called and thinks it’s called the Dolphin Expressway, because it’s next to the stadium. That’s not what the Dolphin Expressway is, but maybe if you’re from Broward you don’t know that.

I’m thinking he was describing Golden Glades, because I’ve done that very drive to Orlando a million times. I’ve also done it from Coral Springs. You wouldn’t even stop in Orlando at all unless you took the Turnpike, because that’s the road that goes through Orlando. 95 and 75 don’t.
Well his office is in Miami, maybe confusing the issue on purpose? Right about 95 and 75.
So I guess we are both from S FL.
I know that when I took my mother to UM Sylvester cancer center (for a few years) I always took I 95 from 595 to go south and then on my way home, if there was too much traffic on 95, at the point near Miami Gardens theres a ramp where you can easily get on the Turnpike to get up to Broward.
Im not sure why he seems to be confusing the issue.
They would have taken I95 until they could get on the turnpike about 10 minutes North depending on traffic. You don’t even have to get off 95 and get on a different highway-it just kind of runs parallel at that point.
 
It’s extremely frustrating to me, because given the timing of the text, and the timing of their arrival in Orlando per cell tower records, the only timeline that makes sense in my opinion is the following hypothetical:

Donna hypothetically left Miami Beach sometime after 7pm, (per the established time of Wendi’s call as documented in her police interview), and arrived at Charlie’s house (probably via 95) sometime around 8, when Donna sent the text (that’s consistent with the time it takes to drive between Miami at FLL in my experience). Donna then hypothetically got back on the Turnpike around 9:30 or 10pm and arrived in Orlando at 1:30 a.m. (That’s consistent with the time it takes to drive from FLL to Orlando, in my experience).

In my opinion, that is the only timeline the SunPass records might support, because it is what most likely happened, in my opinion, based on existing evidence of time of arrival in Orlando and time the text was sent.

For this motion to be granted would be unbelievably prejudicial to the state under any balancing test, because there’s zero prejudice to the defense, in my opinion, from not being able to access the SunPass records, because they wouldn’t help the defense.
Or they could have merged onto the Turnpike from I95 to Charlies house. He lived a bit closer to the Turnpike than I95 they would still have to get off at SR 441 to get to Charlies.
 
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Well his office is in Miami, maybe confusing the issue on purpose? Right about 95 and 75.
So I guess we are both from S FL.
I know that when I took my mother to UM Sylvester cancer center (for a few years) I always took I 95 from 595 to go south and then on my way home, if there was too much traffic on 95, at the point near Miami Gardens theres a ramp where you can easily get on the Turnpike to get up to Broward.
Im not sure why he seems to be confusing the issue.
They would have taken I95 until they could get on the turnpike about 10 minutes North depending on traffic. You don’t even have to get off 95 and get on a different highway-it just kind of runs parallel at that point.
That’s what he’s talking about, I think, the point near Miami Gardens where there’s a ramp to the Turnpike, right near Dolphins Stadium. He seems to be calling that the Dolphin Expressway, which is super confusing.
 
Charlie doesn't get back to his house until around 9.30pm @amicuscurie

8.59pm ‘ Outside ur house’
20 mins later Charlie texts back ‘ 10 mins'
Sorry, I thought Donna sent the text at 8, but it seems I’m wrong. Still, leaving Charlie’s house after 9:30 p.m. is consistent with arriving in Orlando at 1:30 a.m., in my experience.
 
Sorry, I thought Donna sent the text at 8, but it seems I’m wrong. Still, leaving Charlie’s house after 9:30 p.m. is consistent with arriving in Orlando at 1:30 a.m., in my experience.
no problem, I'm trying to help.
I bookmarked the clip as soon as the Defense filed the first motion teucum(?) on this cause I already recalled Rash had mentioned during CA's trial re ' we can't get Sunpass'
 
That’s what he’s talking about, I think, the point near Miami Gardens where there’s a ramp to the Turnpike, right near Dolphins Stadium. He seems to be calling that the Dolphin Expressway, which is super confusing.
Lol OK. Strange. It could be that he’s confusing the issue on purpose. Many up in Tallahassee have confused the family home as being in Miami -I caught Georgia with that at one of Katies trials.
 
Maybe the other attorney arguing through Rashabaum. Theres so much new evidence. Jail calls/ money drop info, Vietnam fleeing. And what we learned about the extortion (form Donnas perspective-a “double extortion” or “second extortion”. Moldy money, Katies staying they dropped it off.. The state knew nothing about this going into Charlies trial, right? How could he say they had all the same evidence?

Rashbaum’s argument that 95% of the state’s case is information they had in 2019 is somewhat valid. If we are looking at this objectively, what ‘new’ evidence against Donna is ‘critical’ to the state’s case? IMO, the only thing with teeth is Katie’s testimony that Charlie told her his parents just left his house corroborate the text – ‘outside your house’. Even with Katie’s questionable character – its still good evidence. Most of the other 'new' stuff is just noise and not critical to the states case.
 
Charlie doesn't get back to his house until around 9.30pm @amicuscurie

8.59pm ‘ Outside ur house’
20 mins later Charlie texts back ‘ 10 mins'


Rashbaum says they made it to Orlando by 1.11am. ( in the clip attached)

At 2.08hrs here
It’s possible they stayed with him for half a hour. Katie didn’t get there till 10:30 right? They had a lot to discuss in person.
 
If that’s what happened, that wouldn’t help the defense, I wouldn’t think, because they’re denying stopping at Charlie’s house.
Right-remember Rashi’s trying to keep them away from Charlies.
I’m still not convinced they didnt come from Coral Springs.
Did Corbitt follow Donnas phone from S Beach to Charlies?
 
They could have stopped for a bite too.
I feel like that’s an argument the defense can make, and that is a question for the jury. The evidence doesn’t exclude that possibility, in my opinion. But for me, the evidence I’ve seen makes it seem extremely unlikely that they drove straight without stopping from the time they sent the text at 9 and didn’t arrive until 1:30 in Orlando.
 
It’s possible they stayed with him for half a hour. Katie didn’t get there till 10:30 right? They had a lot to discuss in person.
we'll have to wait and see
Remember I know nothing about the routes or traffic conditions but if I had to guess just for the sake of it... I would say a short meet-up with a money handover, hugs.

Why?
- Charlie was paranoid, agitated, armed soon after ( KM testimony)
- KM's arrival was imminent ( CA testimony)
- DA & HA had so little info to convey to their son ( Could only convey contents of WA's short call eg. It's done but he's not dead yet. Maybe HA could add - did you see that it was on Tally news & Facebook etc? ) I believe their adrenaline was pumping too.
- Wendi needed them asap & they'd have far more to tell CA tomorrow after they'd debriefed Wendi on her Isom interview & after CA had seen KM


Did Charlie still have a roommate at Whale Harbour in 2014? I can't recall but could it have been Jerome Obed? If so, maybe wouldn't want to risk Obed seeing that?
Regardless.... why didn't they let themselves in and wait inside? They had his access code in later years
 
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we'll have to wait and see
Remember I know nothing about the routes or traffic conditions but if I had to guess just for the sake of it... I would say a short meet-up with a money handover, hugs.

Why?
- Charlie was paranoid, agitated, armed soon after ( KM testimony)
- KM's arrival was imminent ( CA testimony)
- DA & HA had so little info to convey to their son ( Could only convey contents of WA's short call eg. It's done but he's not dead yet. Maybe HA could add - did you see that it was on Tally news & Facebook etc? ) I believe their adrenaline was pumping too.
- Wendi needed them asap & they'd have far more to tell CA tomorrow after they'd debriefed Wendi on her Isom interview & after CA had seen KM


Did Charlie still have a roommate at Whale Harbour in 2014? I can't recall but could it have been Jerome Obed? If so, maybe wouldn't want to risk Obed seeing that?
Regardless.... why didn't they let themselves in and wait inside? They had his access code in later years
I believe the timing was probably really close. Still, if the SunPass records have them getting on the Turnpike anywhere north of FLL, it’s bad for the defense in my opinion. I know you don’t know the roads, but FLL is north of Miami and it comes AFTER the Turnpike entrance from Miami. If they got on the Turnpike at any entrance North of FLL, it suggests to me that they deliberately went to FLL for some reason. The only thing that could help them in my opinion is if something could show that they got on the Turnpike just north of Miami, BEFORE FLL. Then I guess if there was no evidence they ever got OFF, they could argue they didn’t stop when they sent the text. I think that’s what the defense is claiming the SunPass records would show. Again, I think both sides can argue that since nothing shows the exact time and location of them getting off or on, the jury can draw its own conclusions.
 
we'll have to wait and see
Remember I know nothing about the routes or traffic conditions but if I had to guess just for the sake of it... I would say a short meet-up with a money handover, hugs.

Why?
- Charlie was paranoid, agitated, armed soon after ( KM testimony)
- KM's arrival was imminent ( CA testimony)
- DA & HA had so little info to convey to their son ( Could only convey contents of WA's short call eg. It's done but he's not dead yet. Maybe HA could add - did you see that it was on Tally news & Facebook etc? ) I believe their adrenaline was pumping too.
- Wendi needed them asap & they'd have far more to tell CA tomorrow after they'd debriefed Wendi on her Isom interview & after CA had seen KM


Did Charlie still have a roommate at Whale Harbour in 2014? I can't recall but could it have been Jerome Obed? If so, maybe wouldn't want to risk Obed seeing that?
Regardless.... why didn't they let themselves in and wait inside? They had his access code in later years
Good point about Obed. I think he left after the murder.
 
we'll have to wait and see
Remember I know nothing about the routes or traffic conditions but if I had to guess just for the sake of it... I would say a short meet-up with a money handover, hugs.

Why?
- Charlie was paranoid, agitated, armed soon after ( KM testimony)
- KM's arrival was imminent ( CA testimony)
- DA & HA had so little info to convey to their son ( Could only convey contents of WA's short call eg. It's done but he's not dead yet. Maybe HA could add - did you see that it was on Tally news & Facebook etc? ) I believe their adrenaline was pumping too.
- Wendi needed them asap & they'd have far more to tell CA tomorrow after they'd debriefed Wendi on her Isom interview & after CA had seen KM


Did Charlie still have a roommate at Whale Harbour in 2014? I can't recall but could it have been Jerome Obed? If so, maybe wouldn't want to risk Obed seeing that?
Regardless.... why didn't they let themselves in and wait inside? They had his access code in later years
Maybe in case Katie got there early? Or as you said his roommate was there. We were never told that in trial.
 
As much criticism as Rashbaum seems to get, I think he made very solid arguments today and argued them well. People that criticize his competency seem to do it out of their hatred of his clients.
The way I look at it, regarding DR's competency (and other lawyers involved in this case is this:
Fast forward 1 year, all 7 co-conspirators, will be jailed, with 6/7 of them serving LWOP. That's pretty unusual. Most instances the majority of co-conspirators will look to make a deal, in this case probably only one ended up making a deal. How much is this attributable to the lawyers?

DA and CA idolise DR, he can do no wrong in their eyes. He is their lawyer and he has been paid handsomely for his services, so it seems reasonable to assume they would listen to him. Some have argued that if he wasn't sycophantic and overly positive about their chances, they would simply find another lawyer, but that isn't the case as they know him, respect him and pretty much have him up on a pedestal.

So the question is, did he tell CA how strong the case was against him? Has he told DA? The case against DA is a slam dunk, she's going to be convicted and she's going to die in prison. This is what DA should be telling DA, but I don't think he is, simply because they have not attempted to broker a deal with the state. Even if the State rejects it, it's worth a shot. 10 years and she admits culpability, but doesn't throw WA or HA under the bus. Gets out in her mid 80s and lives another 10 years? The worst the State can do is say no.

Same with Kawass and KM. Perhaps if there had been a different lawyer, KM would be relaxing on a Miami beach playing with her kids. And same with WA. Is her lawyer really expressing to her how strong and voluminous the inculpatory evidence is? WA can maintain her innocence to her lawyer, but his duty is to do the best for his client. If he's not telling her she's in deep trouble, he's not doing his primary duty as her lawyer.
 
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