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

[cottonweaver]

Thank you for answering. The state“thought” CA waived the issue? I'm wondering why something more wasn't put in place to prevent ANYTHING possibly delaying this trial more than it has already been delayed. I'm disappointed. JMO

I'm not sure which verb Georgia used but it will be on the Tally Democrat live feed which I posted on this WS page so will be easy to refind.

She might have said that she was led to believe.... Alex Morris also said that Charlie HAD waived.
But yes, State maybe should've forced the issue earlier

I'd need to rewatch the segment but it would not surprise me if Morris himself only just found out that the earlier CA waiver was verbal, not written

(How convenient that this waiver was verbal.)

Yes it's terribly disappointing but over the last fortnight Donna has lost a ton of motions hasn't she? Could that be part of the motivation for CA's move?
My guess would be that yes, CA has recently changed his mind and as per Jansen Potuto, this was a ' shenanigan' to pressure the State to not call CA.
IMO this ' shenanigan' was not done in a vacuum. Every Charlie jail call I heard demonstrated that CA was always trying to get attorneys listed for private lines and at every stage we've had intermediary lawyers unexpectedly appearing. The last one was Honeycutt appearing on Donna's seized phone.

 

[Going Rogue]

Looks we need one of two things:

1) Charlie waives his privilege
2) Donna signs a waiver that she will not appeal on a guilty verdict if she Rashbaum stays on and either Dan or Morris cannot cross Charlie ‘if’ Charlie does not waive his rights

If we don’t get one of the above today, we are looking at a delay. The more I think about this, BOTH sides are to blame here. The defense thought the wall between Morris and Charlie was sufficient – I guess they didn’t anticipate Ufferman objecting to Morris doing the cross (major problem). The prosecution should also take equal blame here. Why didn’t they raise this issue? Cappleman said today they thought Charlie waived privilege – the state should have raised this issue.

Last, this was not a ‘planned’ strategy or FU by the defense or Ufferman to purposely throw a wrench in the mix and Charles ‘smirk’ in his latest photo has nothing to do with this cluster. I can’t believe how many comments I’ve seen claiming his smirk is related to this mess.

P.S. - Tim Jansen is the best! He called it.

 

[IQuestion]

The non-lawyers opining that the conflict issue is not a huge problem or a major bungle by the defense should stick to their day jobs. Why you think you have any idea what you’re talking about is beyond me.

Just a thought, but the non-lawyer opiners are going to be the majority of the jurors, right? So I would be very interested in how the public perceives the latest events. Many people have the perception Adelson's have received preferential treatment for years. Transparency, even if painful to watch is important. ( As we all know from history...no matter how many times we watch the movie, the Titanic always sinks.)
***Morris is not sitting next to Donna anymore.

 

[BUF]

Not watching, but was this question by the judge ever answered? TIA

"Is there a reason your client did not assert this until yesterday?" Everett asked one of Charlie Adelson's lawyers.

LIVE Updates: Jury selection begins in trial of Donna Adelson, accused in Markel murder

The Tallahassee Democrat will livestream each day of the trial of Donna Adelson from the county courthouse in Florida's capital city.

www.aol.com

 

[apeXperience]

I don't understand why the state wasn't aware and resolving this conflict of interest issue sooner. How could they be unaware of a possible conflict? Did the state just drop the ball? After 10 years of dealing with this case it's a strange situation to come to light so late in the game. Just color me confused. JMO

The protection of the defendant's rights for conflict of interests free and competent representation is the responsibility of ... the defendant and their attorneys.
The protection of Judicial economy such that the court proceedings are free of inadvertent blemish such as from mistrial and/or successful appeal is the responsibility of the Judge.
To be fair, the State Attorneys are prosecutors. They are not obligated to intervene in protecting the rights of the defendant. However, due to 1) the long 10 years delay for Justice For Dan Markel , 2) the alleged involvement of Donna Adelson's husband, Harvey Adelson, co-owner of gmail accounts, bank accounts, electronic devices such as iPad and macBook etc, and 3) the difficult road ahead given that State labeled co-conspirator Wendi Adelson is still untouchable, the State Attorneys could indirectly get involved with helping the (negative qualifier) judge sort out his court procedures' decorium and smoothness by ... listing Rashbaum as State witness, if just for potential rebuttal.
Ps edit: For conflict of interests to totally disappear, Rashbaum should voluntarily resign from representing any other alleged co-conspirator Adelson besides Charles Adelson. Else, ... others, such as Morris and Ufferman, should find ways to push his out!

 

[cottonweaver]

Court in session again, they're coming in

 

[Going Rogue]

Not watching, but was this question by the judge ever answered? TIA

"Is there a reason your client did not assert this until yesterday?" Everett asked one of Charlie Adelson's lawyers.

LIVE Updates: Jury selection begins in trial of Donna Adelson, accused in Markel murder

The Tallahassee Democrat will livestream each day of the trial of Donna Adelson from the county courthouse in Florida's capital city.

www.aol.com

Morris’ response was essentially that they believed the ethical wall built between he and Charlie was sufficient. They didn’t anticipate the motion by Ufferman would specifically cite they have an issue with Morris doing a cross as well because Ufferman raised the ‘question’ whether an ethical wall does exist between Morris and Charlie.

 

[JerseyPride]

Just a thought, but the non-lawyer opiners are going to be the majority of the jurors, right? So I would be very interested in how the public perceives the latest events. Many people have the perception Adelson's have received preferential treatment for years. Transparency, even if painful to watch is important. ( As we all know from history...no matter how many times we watch the movie, the Titanic always sinks.)
***Morris is not sitting next to Donna anymore.

The legal ramifications of this screw-up have zero to do with perceptions by laypeople, jurors or otherwise.

 

[arielilane]

@cathyrusson

Back on the record. Judge speaking to #DonnaAdelson. She waives any issue on a future appeal regarding Charlie's cross exam. Judge going to do more research on if this waiver is sufficient. Adjourned until 1:15. Potential jurors will report at 2pm IF judge allows jury selection to go forward


10:34 AM · Sep 17, 2024

https://twitter.com/x/status/1836051166272311426

 

[Missyrocks5]

Donna is certainly not looking like she thought potential jurors would be seeing her today...

I think this was always the long game played by DR. He should be removed, Morris is tainted and needs to go, and let DA get conflict free representation so she does not have an issue for appeal. Then, maybe the state will arrest Wendi now and try them together. Or maybe DA thinks it will give her some points for a change of venue. DR doesn't care one bit about looking bad in front of the Attorneys & judges up there. That is not where he practices and will never try another case up there. I think this was the plan all along to help both Donna and Charlie.

 

[IQuestion]

I am bewildered by all the legal jargon...just get to the point. Ironically, DR is the one who used the term "lawyer tricks"...Freudian slip? DR's previous representation of CA is going to cause problems every single day. If someone like me, with a low legal aptitude, can figure it out so can everyone else. Take control of your courtroom! I want Judge Everett to say, "Mr. Rashbaum, you are the weakest link. Good bye."

 

[opt]

Is the core of the issue that DR has knowledge that might accidentally or on purpose leak to whoever is cross examining Charlie?

Because Donna has the same knowledge and she can't be removed from her own case.

 

[Missyrocks5]

As much as I would love to see this trial now, I don't think her waiver in such a short time discussing it on a LWOP case is enough time for her to be properly advised. I think it is an issue for appeal again. I think that it'll be better to rip the Band-Aid off now, save the state the expense and time of trying a case that she will have an issue for appeal, and get rid of Rashy and make Morris withdraw. Head toward another trial where you won't give her issues, or Charlie, for an appeal

 

[nodamselindistress]

Sounds like DA is confident in a NG verdict and just wants to go home. I can't believe she waived a future appeal opportunity.

 

[cottonweaver]

As much as I would love to see this trial now, I don't think her waiver in such a short time discussing it on a LWOP case is enough time for her to be properly advised. I think it is an issue for appeal again. I think that it'll be better to rip the Band-Aid off now, save the state the expense and time of trying a case that she will have an issue for appeal, and get rid of Rashy and make Morris withdraw. Head toward another trial where you won't give her issues, or Charlie, for an appeal

30 minutes he said!
It is ridiculous. Especially because Komissar said he is going to be crossing Charlie but Donna is paying Komissar's fees

I am bewildered by all the legal jargon...just get to the point. Ironically, DR is the one who used the term "lawyer tricks"...Freudian slip? DR's previous representation of CA is going to cause problems every single day. If someone like me, with a low legal aptitude, can figure it out so can everyone else. Take control of your courtroom! I want Judge Everett to say, "Mr. Rashbaum, you are the weakest link. Good bye."

Agree. The defense team need to be booted, continue the trial and let Donna and Charlie stew in their own juices for another year ( or however long it takes )

 

[Missyrocks5]

Sounds like DA is confident in a NG verdict and just wants to go home. I can't believe she waived a future appeal opportunity.

But it could also be that the appellate attorney & others told her it gives her a good issue for an appeal and she knows that. Protecting Wendi from arrest and complicating the state's obvious plan to arrest Wendi after Donna's presumed conviction. JMO.

 

[Missyrocks5]

30 minutes he said!
It is ridiculous. Especially because Komissar said he is going to be crossing Charlie but Donna is paying Komissar's fees


Agree. The defense team need to be booted, continue the trial and let Donna and Charlie stew in their own juices for another year ( or however long it takes )

Totally agree. They're playing games.

 

[opt]

The very best way to avoid conflict is for Charlie to drop his appeal today because he loves his mother so much. I can dream.

 

[cottonweaver]

Totally agree. They're playing games.

Jo Potuto and Tim Jansen saying it is actually possible that Charlie could waive today BUT later he takes the 5th because there's no real penalty against him except Contempt. ( Contempt sanction meaningless for a LWOP-er)
Jo Potuto says that that would be a crazy event but the conduct on this case has been crazy so far

So, if Everett decides on a continuance, it would be great if Charlie's appeal could be expedited by the C of Appeal?

 

[nodamselindistress]

As mentioned above, Charlie is not giving up his "first seat on the boat". Even for Mama Donna.