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

[Missyrocks5]

I think this was the plan from the beginning. The conflict always seemed problematic, and it was probably in an effort to, knowing she would get a conviction, then have an appealable issue. If she gets a new trial, and if the state had arrested Wendi, they would have both trials on their hands, and that was probably always part of the defense's goal. If the judge is check mated by either going forward and giving Donna an issue for appeal, or giving this a huge delay, which I think it is going to be the latter, I hope that the judge forces both lawyers off the case and makes her go get new attorneys so she is not with this ridiculous conflict between her and Charlie.

And maybe, the state can go all in and go arrest Wendi and try them both together when this trial gets continued. I don't think that the judge is going to be able to fix the problem. I think that he is checkmated by what they did, and it is going to cause a delay of who knows how long. If he goes forward, he gives Donna an appeal, if he doesn't, then they get a huge delay to try to help Wendy not get arrested. IMO.

 

[arielilane]

https://twitter.com/x/status/1835836854584889437

 

[amicuscurie]

I think this was the plan from the beginning. The conflict always seemed problematic, and it was probably in an effort to, knowing she would get a conviction, then have an appealable issue. If she gets a new trial, and if the state had arrested Wendi, they would have both trials on their hands, and that was probably always part of the goal. If the judge is check mated by either going forward and giving Donna an issue for appeal, or giving this a huge delay, which I think it is going to be the latter, I hope that the judge forces both lawyers off the case and makes her go get new attorneys so she is not with this ridiculous conflict between her and Charlie.

And maybe, the state can go all in and go arrest Wendi and try them both together when this trial gets continued. I don't think that the judge is going to be able to fix the problem. I think that he is checkmated by what they did, and it is going to cause a delay of who knows how long. If he goes forward, he gives Donna an appeal, if he doesn't, then they get a huge delay to try to help Wendy not get arrested. IMO.

Agreed, good points all around.

 

[Missyrocks5]

Agreed, good points all around.

Agree. Infuriating. I think it was also part of their plan to stick it to the true crime community of folks who traveled there to watch the trial. You don't have anyone traveling to watch the trial who doesn't think that she's guilty. So it was a way to stick it to, not only the prosecution making them work their tails off to prepare for a trial and then filing this motion, but to the true crime community and Youtubers, who were going through time and expense to be present for the trial. STS, Joel and his producer, just for one are driving there from Miami. KatieCoolLady is there, not sure who else.

 

[IQuestion]

For the many who knew/felt or were doubtful having DR take on the defense of DA was not a good idea; stand up and take a bow! I remembered a term to describe actions in another Florida trial I followed.
Weaponized Incompetence and Strategic incompetence?
It is always more effective if you can get (or pay) someone else to do it for you. But hasn't it already been proven? Look who Charlie hired in the first place? SG & LR

 

[AmandaSkis]

With these possible planned actions by the defense and a need for hearings/judge’s decision, does DA remain in jail during all of this?

Jail is not prison but, at the same time, she isn’t free, so I’m content.

 

[apeXperience]

Well, I am an atty but not a criminal atty. Rashbaum representing both Charlie and Donna is a huge issue for her. And these filings show that. Even with a waiver of conflict of interest. "Ethical Wall" LOL We used Chinese Wall in some cases. How this will result, we shall see

It is difficult not to suspect the sorts of unspoken subservience and slavishness among the prosecutors and judges in Florida, which create an unhealthy Florida judiciary environment.
It seems that some unnamed higher ups with Adelsons’ sympathy still have clouts over the apparent judges and prosecutions causing their decision making process to be difficult. Examples of which are:

1. The comportment of two judges seemingly protecting the 4 Adelsons in 2016
2. The open conflict between then State Attorney Willie Meggs and the TPD Chief of Police with regard to the 2016 PCA against Charles Adelson
3. Two judges have not restricted the damaging testimony of Dr. Jeff LaCasse in Sigfredo Garcia and Katherine Magbanua trials but the current judge of the Adelsons’ cases has put conditions on said testimony twice, in Charles Adelson case and again in Donna Adelson case
4. It is easy to have interrogations on the 4 extensions (too much not to be noticed as the timing) of deadline Charles Adelson appeal benefited at the District Court Of Appeal First Appellate District Of Florida given that … Trisha Meggs Pate (daughter of Willie Meggs!) is the Assistant Attorney General representing the State in Charles Adelson’s appeal (see attached.)

It is strange how accommodating the Assistant State Attorneys are in this Donna Adelson’s case every time the attorneys for Donna Adelson create some hurdles.
Between Charles Adelson’s guilty verdict in 11/6/2023 and Private Attorney Addition of Daniel Rashbaum in 1/9/2024 for Donna Adelson, Mr. Rashbaum has made a lot of strange comments about the case including at YT vlogs, and also including about timing of indictment, the decision of leaving the US or not, and the timing of going to non-extradition territory of Vietnam with one way tickets. During these 2 months (from 11/6/2023 to 1/9/2024) Rashbaum could not evoke attorney client privilege between him and the indicted Donna Adelson. The State Attorney should have issued a motion to subpoena Rashbaum as State witness regarding statements he has made during these 2 months.

Given that Charles Adelson, the convicted client of Rashbaum is already listed as State witness in his mother's case, a motion to subpoena Rashbaum as State witness against Donna Adelson would have made this meek judge think thrice before lifting the doubt about Rashbaum’s conflict of interests. It is not too late now for the State Attorneys to make a move and issue a motion to subpoena Rashbaum as State witness such that all of these clever interlocking attorneys’ maneuvers are blunted.

 

[Knitpicker]

It seems to me that this conflict, and in particular the issue regarding cross-examination of Charlie, should have been apparent to Charlie’s appellate counsel as soon as Charlie was listed as a witness, and so I do question why this Motion was only made only, on the eve of trial.

Regardless of intent, as I understand it, the practical effect of the Motion, should it be granted, would be for Charlie to be effectively precluded from testifying for the state, as he cannot be cross-examined. If the defense does not call him, then he does not testify at all, and in my understanding that would mean that there would be no witness to tell the double extortion story.

In my opinion, that has consequences for Donna’s defense, and it may be helpful for her.

I thought the issue is that he can’t be questioned on the correspondence with Donna, that the murder was due to a drug deal gone bad (with Dan).

 

[Niner]

Tuesday, Sept. 17th:
*Jury Selection begins (@ 9am ET) - FL - Daniel Eric Markel (41) (shot to death July 18, 2014, Tallahassee) - *Donna Sue Adelson (54 @ time of crime/73/now 74) arrested by FBI @ Miami Intl. Airport (11/13/23) on out-of-County warrant from Leon County arrest Warrant [#FW231o2353] & indicted (11/15/23), charged (11/21/23) & arraigned (12/11/23) with 1st degree murder, conspiracy to commit 1st degree murder & solicitation to commit 1st degree murder. No bond. Held at Miami-Dade County Jail (Turner Guilford Knight Correctional Center. Leon County has 15 days to extradite from Miami-Dade County). Transferred from Miami-Dade to Leon County on 11/20/23. Held without bond (murder), $25K (conspiracy) & $25K (solicitation) on 11/21/23. Plead not guilty. Leon County
Jury selection set to begin on 9/17/24. (3-4 days)
Trial set to begin on 9/23/24 or 9/20/24 per Judge. (expected to last 2 weeks).
Leon County Circuit Judge Stephen S. Everett presiding. Prosecutor Georgia Cappelman & Assistant State attorney Sarah Dugan. Defense attorneys Robert Alexander Morris & Daniel Rashbaum.
Case & Court info from 11/13/23 thru 9/6/24 reference post #524 here:
https://www.websleuths.com/forums/t...murdered-by-hitmen-4-guilty-24.722492/page-27
9/6/24 Docket updates: [159] Motion in Limine. [160] Court minutes. [161] Motion stipulated Motion to perpetuate testimony. [162] Next final pretrial hearing on 9/12/24 @ 9am.
9/12/24 Update: Thursday attorneys were arguing over the admissibility of evidence including text messages between Donna Adelson & her son Charlie about news coverage of the case as well as text messages between Donna Adelson & her daughter Wendi within hours of Charlie Adelson’s conviction. Tallahassee Police Sergeant Chris Corbett was called to the stand Thursday morning to discuss cell phone location data. Attorneys are arguing over a summary that will be shared with the jury. The judge ruled that the summary would be considered evidence in the case. Lead prosecutor Georgia Cappleman estimates it could take six to seven days to present the state’s case. Potential jurors are expected to report 9/17/24 Tuesday morning & attorneys estimate it could take two to three days to pick a jury in this case.
9/9/24 Docket updates: [163] Trial set on 9/17/24 @ 8:30am, Room 3G. [164] Motion nonparty David Oscar Markus [former counsel to Charles Adelson] Motion to quash trial subpoena. [165] Order on State's Motion in Limine. 9/11/24 Docket update: [166] Order on defendant's Motion in Limine. [167] Trial set on 9/18/24 @ 9am, Room 3G. 9/12/24 Docket updates: [168] Trial set on 9/19/14 9am, Room 3G. [169] Trial set on 9/20/24 @ 9am, Room 3G. [170] Case comments from Court event-Defendant's Motion to Quash Subpoena-Denied as to all issues/Motion in Limine under review/Orders to follow. [171] Court minutes. [172] List of exhibits. [173] Witness list.
9/16/24 Update: Jury selection begins on 9/17/24 & the Judge expects opening statements to start on Friday, 9/20/24. 9/16/24 Docket update: Response to Charlie Adelson's motion seeking to preclude former Counsel from cross examination filed by Robert A. Morris. See post #661, page 34, thread #24.

 

[cottonweaver]

Different lawyer, different opinions on the new motions. ( ML doesn't appear to have watched the STS episode but some members ask him Qs based on what they just heard on STS. Pity that all three weren't on the same show)

First 5 minutes or so and then M Lawyer James returns at 1hr40 to give further thoughts for ten minutes.

ML asks twice whether CA actually received a sub from the State, as well as having appeared on the State's witness list. He also believes that CA wasn't going to be called by the state in any case.

Regardless of the differing opinions, we'll soon find out once we get the state's response.

 

[amicuscurie]

I thought the issue is that he can’t be questioned on the correspondence with Donna, that the murder was due to a drug deal gone bad (with Dan).

The issue is that it can’t come in at all, as I understand it, UNLESS it is to refute a claim double extortion. The way I see it, the only person who can talk about that on the stand is Charlie. In my opinion a good way to keep timeout is to keep the state from calling Charlie, like, for example, if they can’t cross examine him.