GUILTY FL - Dan Markel, 41, FSU Law Professor, Tallahassee, 18 July 2014 - #8 *arrests*

[BearWatcher]

What did people think about the discussion related to Wendi Adelson’s testimony and immunity that occurred during the discussion about what would be included in the jury instructions. Both KM and SG attorneys pushed to have that included. Does that sound like they are working on behalf of WA? Or is my lack of understanding of the judicial language showing here? The judge would not allow it in spite of their request to have the language included.

 

[Weki]

What did people think about the discussion related to Wendi Adelson’s testimony and immunity that occurred during the discussion about what would be included in the jury instructions. Both KM and SG attorneys pushed to have that included. Does that sound like they are working on behalf of WA? Or is my lack of understanding of the judicial language showing here? The judge would not allow it in spite of their request to have the language included.

I think both defense sides are trying to disparage the prosecutors for not charging any of the Adelsons. They've been hammering that point with nearly all the witnesses. So I think they were trying to back end into that argument with WA immunity on the stand. But that immunity is granted by the court and not by the prosecutors. And it would confuse the jury when distinguishing between the immunity she had and the immunity or deal that Rivera had. I think judge knows all the defense atty's sleazy moves and knew what they were trying to do. And it makes no sense to include that in there anyways. It had nothing to do with whether the state will charge WA or not. Whereas with Rivera, the state def made a deal with him in exchange for his testimony. Two totally diff scenarios.

 

[pattisbox]

does anyone know if the court room is open to watchers? i thought about going down tomorrow. i live in tallahassee

 

[dixiegirl1035]

I'm not sure if this applies to convictions in Florida, but in a recent case in South Carolina (the Heather Elvis kidnapping trial), both of the convicted defendants (husband/wife) were given one year from conviction to give up information that would lead to the whereabouts of presumed-dead Heather Elvis.....in exchange for some leniency. I believe Tammy's year has now expired, but Sidney has nearly a year left.

If anyone watched that trial and researched this fairly new law, please chime in!

Sorry, it's only a South Carolina law that was referred to in that trial re rolling after Sentencing


Yes, I followed that trial and I was the person who posted the law that is only in South Carolina. I do not know if a similar one exists in Florida. Here is what I posted in that thread


GUILTY - Sidney Moorer RETRIAL for Kidnapping Heather Elvis, 9 Sept 2019 #4

"Code of Laws - Title 17 - Chapter 25 - Judgment And Execution

Code of Laws - Title 17 - Chapter 25 - Judgment And Execution


SECTION 17-25-65. Reduction of sentence for substantial assistance to the State; motion practice.

(A) Upon the state's motion made within one year of sentencing, the court may reduce a sentence if the defendant, after sentencing, provided:

(1) substantial assistance in investigating or prosecuting another person; or

(2) aid to a Department of Corrections employee or volunteer who was in danger of being seriously injured or killed.

(B) Upon the state's motion made more than one year after sentencing, the court may reduce a sentence if the defendant's substantial assistance involved:

(1) information not known to the defendant until one year or more after sentencing;

(2) information provided by the defendant to the State within one year of sentencing, but which did not become useful to the State until more than one year after sentencing;

(3) information, the usefulness of which could not reasonably have been anticipated by the defendant until more than one year after sentencing, and which was promptly provided to the State after its usefulness was reasonably apparent to the defendant; or

(4) aid to a Department of Corrections employee or volunteer who was in danger of being seriously injured or killed.

(C) A motion made pursuant to this provision shall be filed by that circuit solicitor in the county where the defendant's case arose. The State shall send a copy to the chief judge of the circuit within five days of filing. The chief judge or a circuit court judge currently assigned to that county shall have jurisdiction to hear and resolve the motion. Jurisdiction to resolve the motion is not limited to the original sentencing judge.

HISTORY: 2010 Act No. 273, Section 13, eff June 2, 2010.
Last edited: Sep 20, 2019

ETA!!!! Move 5 posts forward and there is a similar section in the Florida Acts....

 

[dixiegirl1035]

does anyone know if the court room is open to watchers? i thought about going down tomorrow. i live in tallahassee

Yes, courts are open to the public

 

[TTF14]

ETA - and why would DA be on board to sign checks for a fake job for insurance fraud to some chick CA was casually dating? Doesn’t make sense. Da was on board to pay for a job -- the job of having Dan murdered.

If I were on this jury, this is what would be my deciding point.

does anyone know if the court room is open to watchers? i thought about going down tomorrow. i live in tallahassee

I would assume so. Someone else on this thread went to at least a day....hopefully they will weigh in on that.

 

[justice1960]

does anyone know if the court room is open to watchers? i thought about going down tomorrow. i live in tallahassee

It is at the discretion of the Court... You would have to contact the Clerk of Courts in Tallahassee.

 

[dixiegirl1035]

I'm not sure if this applies to convictions in Florida, but in a recent case in South Carolina (the Heather Elvis kidnapping trial), both of the convicted defendants (husband/wife) were given one year from conviction to give up information that would lead to the whereabouts of presumed-dead Heather Elvis.....in exchange for some leniency. I believe Tammy's year has now expired, but Sidney has nearly a year left.

If anyone watched that trial and researched this fairly new law, please chime in!

Above, I posted what was researched for South Carolina case, but I just did a quick search for Florida and it looks like it does have something similar. This is a summary page and somebody else can dig deeper if they want. For Florida....

Statutes & Constitution :View Statutes : Online Sunshine

921.186 Substantial assistance.—Notwithstanding any other law, the state attorney may move the sentencing court to reduce or suspend the sentence of any person who is convicted of violating any felony offense and who provides substantial assistance in the identification, arrest, or conviction of any of that person’s accomplices, accessories, coconspirators, or principals or of any other person engaged in criminal activity that would constitute a felony. The arresting agency shall be given an opportunity to be heard in aggravation or mitigation in reference to any such motion. Upon good cause shown, the motion may be filed and heard in camera. The judge hearing the motion may reduce or suspend the sentence if the judge finds that the defendant rendered such substantial assistance.
History.—s. 1, ch. 2010-218.

NOTE it states above that it can be filed and heard in camera. That means in private in the judge's Chambers and we never know about it until after it has happened. In camera = no cameras lol

 

[dixiegirl1035]

It is at the discretion of the Court... You would have to contact the Clerk of Courts in Tallahassee.

Absolutely positive the poster can attend court tomorrow for closing arguments

 

[Gardenista]

Good observation! The differences between Dade County and Leon County are huge. Notice the accents and demeanors of GC and Judge H. They represent the sleepy, southern, county of Leon, while the other aforementioned players are from Dade, a multicultural, fast-paced, urban area.

IMHO

Has to be something else. There are plenty of other cities which fit that description and defense attys do not dress like that. I think it must just be the law firms.

 

[TTF14]

Above, I posted what was researched for South Carolina case, but I just did a quick search for Florida and it looks like it does have something similar. This is a summary page and somebody else can dig deeper if they want. For Florida....

Statutes & Constitution :View Statutes : Online Sunshine

921.186 Substantial assistance.—Notwithstanding any other law, the state attorney may move the sentencing court to reduce or suspend the sentence of any person who is convicted of violating any felony offense and who provides substantial assistance in the identification, arrest, or conviction of any of that person’s accomplices, accessories, coconspirators, or principals or of any other person engaged in criminal activity that would constitute a felony. The arresting agency shall be given an opportunity to be heard in aggravation or mitigation in reference to any such motion. Upon good cause shown, the motion may be filed and heard in camera. The judge hearing the motion may reduce or suspend the sentence if the judge finds that the defendant rendered such substantial assistance.
History.—s. 1, ch. 2010-218.

NOTE it states above that it can be filed and heard in camera. That means and private in the judge's Chambers and we never know about it until after it has happened. In camera = no cameras lol

Interesting!

Well, perhaps KM just likes to gamble. Maybe she was promised riches and golds if she got off so she decided to go for it, knowing she may have this as a backup plan.

 

[Weki]

Has to be something else. There are plenty of other cities which fit that description and defense attys do not dress like that. I think it must just be the law firms.

I think Miami is pretty flamboyant in their style though. Just like how there are certain places with a high number of plastic surgeries like boob jobs of which I believe Miami is at the top.

 

[YESorNO]

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[YESorNO]

Legal Analyst Prosecutor Is Doing A Good Job Trying To Cabin And Narrow The Cross-Examination

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Defense Attorney Says Defense Witness Is Pointing The Finger At An In-law To Create Reasonable Doubt

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[TTF14]

I really really hope the jury members caught KM's lack of denial today when Ms. Cappleman asked her about Luis Rivera calling her on the "day of the drop." No denial that there was a drop....she just answered the question about the phone call. That was huge to me.

 

[jbc]

It's a really good set of points about the cultural differences between the jury and KM's lawyers, that began with my observation about attire.
The sisters are from Ireland, I detect, but their dress is pure Miami.
Only middle school girls, and perhaps well-shaped high-school girls try to dress like that where I live, and the schools make them change. (I live in a major US city in a blue state).
Those middle-aged ladies aren't that shapely (or too shapely, depending), for those dresses (spanx?). I actually crack up when I see them.
Will the conservative jury see the same thing? Especially in the context of the "VIP bottle girl" profession of KM?

 

[Gardenista]

does anyone know if the court room is open to watchers? i thought about going down tomorrow. i live in tallahassee

It would be awesome if you could go and give us a read on the jury!

 

[TTF14]

I think it probably didn't play great to the jurors when she answered their question about why she didn't declare any of her cash tips on her taxes and she answered, with no remorse and like she deserved it, because she had to keep her income at a certain level so she could get insurance for her kids/defraud the government. So entitled!

 

[clearskies1]

KM's story about the promotions she did (and allegedly made $ from) made no sense to me. She said she went to liquor stores and let someone there taste samples of well known alcohol (Absolute etc) and that she would get checks and tips for it. I highly doubt you're allowed to serve free samples to liquor store customers, and liquor store owners would not need or want to taste standard brands that they've sold forever. And they are not going to tip you at a liquor store if you're there to drum up business from the store. Makes no sense. JMO.

ETA: Apparently I'm incorrect and you can serve free alcohol in stores....

 

[TTF14]

KM's story about the promotions she did (and allegedly made $ from) made no sense to me. She said she went to liquor stores and let someone there taste samples of well known alcohol (Absolute etc) and that she would get checks and tips for it. I highly doubt you're allowed to serve free samples to liquor store customers, and liquor store owners would not need or want to taste standard brands that they've sold forever. And they are not going to tip you at a liquor store if you're there to drum up business from the store. Makes no sense. JMO.

I've seen this in liquor stores. I've sampled some on occasion and have never tipped (although now I probably would....never thought of it), and if a customer buys the product, they go to the liquor store cash register....they don't buy it through her. She was talking out of her butt.