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

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  • #1,101
I'm sorry if I missed this----but the recorded convo where CA said to KM about the undercover guy, you might have to kill him, was that excluded? Too inaudible?

the Dolce Vita restaurant audio. not yet played in court yet i believe. maybe tomorrow?
 
  • #1,102
I'm sorry if I missed this----but the recorded convo where CA said to KM about the undercover guy, you might have to kill him, was that excluded? Too inaudible?
At the end of the day today I thought Capplemen told the judge she was going to call the person who was present at Dolce Vita restaurant when the taping occurred -- I think this is to authenticate the tape and have it introduced. So I think she is going to play the tape, but seems the judge is not allowing the transcript -- much of the recording is apparently virtually inaudible. Not sure what part of the convo is audible or if there is anything in that tape about possibly killing the undercover guy. JMO.
 
  • #1,103
Makes one think the attorney didn't even look at the evidence against him to try to develop feasible defense? As I said earlier, really really bad attorney.

Who is paying his bill?
At this time: the State of Florida. I may be wrong but, I don't think it was that way in the beginning before KM was indicted and arrested.
 
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636023715215531372-ATM-Garcia.jpeg
 
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Thanks! Did the jury see this particular pic? No dispute who is who. And who is wearing what color. SG was dumb, dumb, dumb, to not wear black like LR.
 
  • #1,108
Thanks! Did the jury see this particular pic? No dispute who is who. And who is wearing what color. SG was dumb, dumb, dumb, to not wear black like LR.

yes.
 
  • #1,109
Why the long sleeves on a hot Florida summer day? Maybe tattoo hiding? Although with the lack of covering their tracks they did, it surprises me they would be careful about that. Case in point when driving your assassin-mobile you already dumbly rented using your own ID don't roll up to an ATM and use your own bank card.
 
  • #1,110
Thanks! Did the jury see this particular pic? No dispute who is who. And who is wearing what color. SG was dumb, dumb, dumb, to not wear black like LR.

Fashionistas agree that black is the appropriate color for committing crimes. Easy to style from day to night.
 
  • #1,111
Yeah, I agree. If I'm on that jury I'm like, "C'mon.....I have my Meatless Monday soup in the crockpot and I don't want it to stick on....."

When you have a day in court like you are right now, you ask your family to pitch in and do a crock pot. Get with it girlfriend!

:D
 
  • #1,112
Just caught up with the tail end of today that I missed earlier aaaaand they each want 2 hours for closing?! And judge told them good lawyers don’t take that long. Lol. And Cappelman quipped “there are none of those here.”

Lmao.
 
  • #1,113
I agree especially about the wiretap contents implicating KM.
They are suspicious as hell but yeah they could be reasonable doubt.

Three years ago when KM was charged I don't think the prosecution could predict where we are now. They really thought she would cooperate. But of course she didn't and over the past 3 years no other major new evidence has really been developed.
I am really curious to see how the verdict goes!
She has done 3 years, 500 miles away from home and SG is facing death by lethal injection. The picture of KM and WA that was snapped in between the two trips to Tallahassee speaks volumes... IMO. reasonable enough inference for me to form a connection between the two of them.
 
  • #1,114
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.

I must say, I swooned when they asked him about his marital status again.

Pfft, he admitted that he was married, to an attorney, in the prosecution area, but it was not for this trial.

Moving on.......
 
  • #1,115
I must say, I swooned when they asked him about his marital status again.

Pfft, he admitted that he was married, to an attorney, in the prosecution area, but it was not for this trial.

Moving on.......

Haha! Missed that!
 
  • #1,116
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.

M o o, even their attorneys thought those lesser charges were preposterous.

Manslaughter and second-degree with this amount of planning, I don't think so. They threw them in even over the objections at the beginning of the defense attorneys. Manslaughter and second-degree do not align with this case at all in my opinion.

The evidence shows this was planned. This was not passion at all.

This was a planned execution.

Need I say more?

Just my opinion.
 
  • #1,117
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.

I miss that reference today as I was away for a bit. But I do remember something else that was told to be double-bagged. The stapled money. It was in a bag, and then it was in a plastic bag inside of that. I still think there is a lot of double talk many of the calls. Hard to prove, but I think it.
 
  • #1,118
Two words: OJ Simpson

Wonderful insight. Sobering but true.

Reference in comparison to OJ Simpson. I think not.

The country has come a long way since then and this is no comparison to that. Moo

There is no racial OJ in this case. As a matter of fact, many of us have empathy for Rivera, the Latin King. And think he was truthful. The Adelson's are the target .
 
  • #1,119
Why the long sleeves on a hot Florida summer day? Maybe tattoo hiding? Although with the lack of covering their tracks they did, it surprises me they would be careful about that. Case in point when driving your assassin-mobile you already dumbly rented using your own ID don't roll up to an ATM and use your own bank card.

"There's a crack in everything God has made." Powered down their cell phones during the murder and had no idea the buses in Tallahassee were just about saying smile your on candid camera. Only God knows how much information they also gained in cracking the Latin King gang activities in that area during the surveillance of these two characters because of their moonlighting habits.
 
  • #1,120
I miss that reference today as I was away for a bit. But I do remember something else that was told to be double-bagged. The stapled money. It was in a bag, and then it was in a plastic bag inside of that. I still think there is a lot of double talk many of the calls. Hard to prove, but I think it.
Well we know one thing he apparently did not "double-bag." and that's going to cost him for at least 18 yrs, imo, speculation.
 
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