GUILTY FL - Dan Markel, 41, FSU Law Professor, Tallahassee, 18 July 2014 - #7 *arrests*

[TTF14]

LeCoste just said his cross will be several hours. Oh yay.

 

[TTF14]

For those not watching, SG's defense is just pulling stuff from here and there to ask this FBI special agent about....not necessarily even about the wiretap recordings. All over the place.

 

[fred&edna]

What is a "perspective standpoint?"

Taking 10 minute break. Guess they are going late.

I stopped listening for a few... Did he really say "perspective standpoint"? No wait... I am sure he did!!

I need to write this cr*p down just in case I have to give a speech that makes no sense.

 

[dixiegirl1035]

I love this Judge!

One of the best I've followed in a long long time! I agree. He is educational, respectful to the jury and educating them as to why he is doing things that might appear questionable to them, knowledgeable as to case law, spent his weekend doing things the defense did not take time to, and on top of everything.......

he has a memory like a fly trap!

 

[Gardenista]

LeCoste reminds me of Eddie Haskell

 

[kay74]

They are so done!! This clearly shows the link between KM, CA, and SG. It's clear as day. Knowing state had this evidence, KM decides to go through trial and chance a guilty verdict. Make it make sense!

ETA: KM doesn't seem like a pushover on these calls. Just listening now and she's telling him she doesn't want to come all the way to him. She pushes back on him a lot on these calls. So color me confused as to why she's taking the fall for him!!

 

[kay74]

They are so done!! This clearly shows the link between KM, CA, and SG. It's clear as day. Knowing state had this evidence, KM decides to go through trial and chance a guilty verdict. Make it make sense!

ETA: KM doesn't seem like a pushover on these calls. Just listening now and she's telling him she doesn't want to come all the way to him. She pushes back on him a lot on these calls. So color me confused as to why she's taking the fall for him!!

Could it be because KM is getting money from CA for not flipping.

 

[FreddyG]

The jury will do the right thing.

I've seen a lot of optimism on these boards about how the jury will resolve this case. I share the belief that Magbanua and Garcia are guilty and should get the max punishment for what they did. I'd regard that as justice having been done.

That said, while I am not a crim law specialist, I want to encourage people to manage expectations somewhat because the evidence so far has been good, and in some cases very damning for the defendants, my view is it's not overwhelming. This isn't to say that it's not enough for reasonable doubt, but just that I could see a jury going the other way given how high the RD standard is. The phone calls today, for example, seemed pretty inconclusive. Factually, I'm pretty confident they reflect guilty people panicking; but the actual content of the calls does not have a smoking gun that proves beyond any doubt that CA, KM and DA conspired to commit a murder. DA and CA in particular were clearly very careful not to say anything on the phone that could hang them, and to my frustration I think they succeeded.

That said, RD is a holistic standard. The jury will have to consider not the calls in isolation, but in combination with LG's testimony plus all the other evidence. I think there's a good case to be made for guilt on all charges, but I've seen instances where juries acquit in the absence of the classic smoking gun--DNA or video evidence, the former in particular which juries increasingly seem to expect as part of a criminal case.

The other issue is that where, as here, lesser charges are available, juries may return a guilty verdict but on a lesser offense like manslaughter, which means less punishment. Even that though would be a good outcome because it would mean SG and KM would go to jail, hopefully for a long time; and it would mean they were found culpable for the murder by a court, which would mean that the conspiracy theory of the case was validated. If they are acquitted then it would be virtually impossible to go after CA and DA.

I remain hopeful. I think the prosecution has done a good job. These two are pretty clearly factually guilty; as a matter of law, though, things can get sticky with all the safeguards criminal defendants have in our system.

 

[dixiegirl1035]

... and while I am espousing opinions on the players in the courtroom,

I have hardly ever seen a Worse prepared attorney than Garcia's.

He is absolutely awful.

One of the worst defense attorneys I've ever seen.

He continues to ask questions that he does not know the answer, for which he keeps stepping in s**t and helping out the prosecution.

And on and on and on about nothing. The Seinfeld of the court, a show about nothing!

( not that I'm complaining oh, but it is just making the prosecution so clear TO THE JURY when he continually asks soooooo many questions that buttresses the prosecution)

Unbelievable in my opinion.

He will be an example of a bad atty in a high profile case in Law School classes! Moo imho

 

[TTF14]

Judge: "There's not gonna be a lot of time between the end of the trial and the penalty phase..." (regarding deposing a mental health witness for SG).

The judge knows the verdicts will be GUILTY. No need for a penalty phase if not guilty!

 

[fred&edna]

Z described CA's house as "dope" in court. Haha! How professional.

 

[TTF14]

I've seen a lot of optimism on these boards about how the jury will resolve this case. I share the belief that Magbanua and Garcia are guilty and should get the max punishment for what they did. I'd regard that as justice having been done.

That said, while I am not a crim law specialist, I want to encourage people to manage expectations somewhat because the evidence so far has been good, and in some cases very damning for the defendants, my view is it's not overwhelming. This isn't to say that it's not enough for reasonable doubt, but just that I could see a jury going the other way given how high the RD standard is. The phone calls today, for example, seemed pretty inconclusive. Factually, I'm pretty confident they reflect guilty people panicking; but the actual content of the calls does not have a smoking gun that proves beyond any doubt that CA, KM and DA conspired to commit a murder. DA and CA in particular were clearly very careful not to say anything on the phone that could hang them, and to my frustration I think they succeeded.

That said, RD is a holistic standard. The jury will have to consider not the calls in isolation, but in combination with LG's testimony plus all the other evidence. I think there's a good case to be made for guilt on all charges, but I've seen instances where juries acquit in the absence of the classic smoking gun--DNA or video evidence, the former in particular which juries increasingly seem to expect as part of a criminal case.

The other issue is that where, as here, lesser charges are available, juries may return a guilty verdict but on a lesser offense like manslaughter, which means less punishment. Even that though would be a good outcome because it would mean SG and KM would go to jail, hopefully for a long time; and it would mean they were found culpable for the murder by a court, which would mean that the conspiracy theory of the case was validated. If they are acquitted then it would be virtually impossible to go after CA and DA.

I remain hopeful. I think the prosecution has done a good job. These two are pretty clearly factually guilty; as a matter of law, though, things can get sticky with all the safeguards criminal defendants have in our system.

I always appreciate your perspective when you weigh in! In my lay person's opinion, I think the jury questions for this witness will give us some insight into where they fall with regard to RD. So far, the jury seems pretty smart and on the ball with the questions they've asked. (At least the ones that have been allowed).

Circumstantial evidence is still evidence, and hopefully this jury realizes that.

 

[jennyjenny]

Judge: "There's not gonna be a lot of time between the end of the trial and the penalty phase..." (regarding deposing a mental health witness for SG).

The judge knows the verdicts will be GUILTY. No need for a penalty phase if not guilty!

good catch TTF14 .... I heard that too!!

 

[Weki]

I appreciate the comments about managing expectations. But I'm pretty convinced there will be a guilty verdict for both defendants on this case. Rivera's testimony pretty much sinks Garcia. As for KM, I would agree that there could be some hesitation there on the verdict with her but Rivera nails her as well and these phone calls nail her pretty well. Talking to CA and then calling Garcia to deal with the problem establishes a direct link between her, CA and Garcia. So when you look at the totality - the evidence is pretty conclusive. JMO, of course.

 

[jennyjenny]

Z described CA's house as "dope" in court. Haha! How professional.

and don't forget his use of "baby mama" YIKES!!

 

[YESorNO]

WTXL ABC 27‏Verified account @abc27 12m12 minutes ago
MARKEL MURDER TRIAL: The day has ended, but the state has yet to rest. We start back up tomorrow morning at 8:45am. #MarkelMurderTrialWTXL

 

[clearskies1]

I've seen a lot of optimism on these boards about how the jury will resolve this case. I share the belief that Magbanua and Garcia are guilty and should get the max punishment for what they did. I'd regard that as justice having been done.

That said, while I am not a crim law specialist, I want to encourage people to manage expectations somewhat because the evidence so far has been good, and in some cases very damning for the defendants, my view is it's not overwhelming. This isn't to say that it's not enough for reasonable doubt, but just that I could see a jury going the other way given how high the RD standard is. The phone calls today, for example, seemed pretty inconclusive. Factually, I'm pretty confident they reflect guilty people panicking; but the actual content of the calls does not have a smoking gun that proves beyond any doubt that CA, KM and DA conspired to commit a murder. DA and CA in particular were clearly very careful not to say anything on the phone that could hang them, and to my frustration I think they succeeded.

That said, RD is a holistic standard. The jury will have to consider not the calls in isolation, but in combination with LG's testimony plus all the other evidence. I think there's a good case to be made for guilt on all charges, but I've seen instances where juries acquit in the absence of the classic smoking gun--DNA or video evidence, the former in particular which juries increasingly seem to expect as part of a criminal case.

The other issue is that where, as here, lesser charges are available, juries may return a guilty verdict but on a lesser offense like manslaughter, which means less punishment. Even that though would be a good outcome because it would mean SG and KM would go to jail, hopefully for a long time; and it would mean they were found culpable for the murder by a court, which would mean that the conspiracy theory of the case was validated. If they are acquitted then it would be virtually impossible to go after CA and DA.

I remain hopeful. I think the prosecution has done a good job. These two are pretty clearly factually guilty; as a matter of law, though, things can get sticky with all the safeguards criminal defendants have in our system.

If the jury convicts I don't see a conviction on something less than first degree murder. Even under the two defendant's theories of the killing (pointing fingers elsewhere) this was a premeditated hired hit. JMO.

 

[Weki]

To use Garcia's defense atty's words - his cross has been "complete nothingness"

 

[dotr]

I think it was weed. She asked if it was going to stink up the car and he told her to put it in the trunk.

Considering "it" was double bagged, that KM worried it would stink up the car and CA told her to put it in the trunk- sheesh, one might almost wonder if "it" was a body!!
imo, speculation.

 

[dotr]

Ohhhhh so CA is a drug dealer, possibly? That would actually make sense given all the cash on hand and the safe and sleeping with a gun.

....and all the women!