GUILTY FL - Dan Markel, 41, FSU Law Professor, Tallahassee, 18 July 2014 *arrests* #11

[vislaw]

Is there anybody on the planet other than Katie's apparently low IQ legal team, think that enhancing the audio from Dulce Vita would exonerate her. Or were they just staling/delaying on at the orders of the CA"s most ethical ,smartest lawyers in the world , you know, the highly esteemed guy and gal from Harvard? … …

I am quite certain the defense never expected the audio enhancement would exonerate Katie. Most likely they were in favor of any delay because in their judgment more delay would be a good thing. Over time evidence gets stale and witnesses can become incapacitated or pass away and memories fade. You can see this play out in many cases where the defendant feels there are strong odds of a conviction. Bear in mind that the defense always has a constitutional right to a speedy trial. You will notice that as soon as Charlie got arrested the defense demanded the trial go forward. Had the enhanced audio not dropped and Charlie been arrested you can bet that the defense would have continued joining in any motions for a continuance by the prosecution.

 

[KidonGadol]

If the prosecution grants immunity she can’t take the fifth. If no immunity is granted she can take the 5th but if the judge knows beforehand that she will take the 5th (such as in this case) he won’t let her do so in front of the jury because it is considered prejudicial. Many jurors will think the witness must be guilty if he/she pleads the 5th.

Given that WJA is not on trial , it seems irrelevant if the jurors think the witness is guilty except I guess if it maybe gives Team KM a chance to appeal. In this case though the prosecution has something special - the happy days photo of WJA with KM all smiles (and one of the Adelson dental workers) all in swimsuits -- so some jury members will then associate someone who is allegedly guilty (taking the fifth) with someone who is on trial.
Here's a question - does the judge have to consider the implications of taking the 5th amendment (right to not self incriminate guaranteed in US federal law) on someone who is a formal person of interest ? It's not a trick question - Vislaw - are there precedents on this ??

 

[KidonGadol]

Is there anybody on the planet other than Katie's apparently low IQ legal team, think that enhancing the audio from Dulce Vita would exonerate her.

I know that Kawass went pubic ages back and said it would but I think that was just a tactic to waste Cappleman's time. Kawass said at one point that defense would be that CJA did a deal direct with SG to organise the murder and KM did not know anything . TK stated months back that she was going to argue trial II on that basis. Blind Freddy can see that was all a red herring, but it must have been some interim strategy, possibly to tread water over the enhanced Dolce Vita tapes issue.

 

[rgrene]

5 years for first-degree murder?

I hear you Alferd! But rather than have the culprits skate, sometimes you have to cut your loses. Saving Mama and, taking the death penalty off the table, might get a plea deal and stave off a false acquittal. Sleazy Charlie is the main character in this mess.

 

[vislaw]

... Here's a question - does the judge have to consider the implications of taking the 5th amendment (right to not self incriminate guaranteed in US federal law) on someone who is a formal person of interest ? It's not a trick question - Vislaw - are there precedents on this ??

The distinction of being a "person of interest" is an element of law enforcement, but not a factor in a trial. The decision whether or not to take the Fifth is a constitutional right and the Supreme Court has held that if a witness properly invokes the Fifth in a criminal trial, that witness is no longer available to the defense. United States v. Salerno, 505 U.S. 317, 321 (1992)

In this case Wendi Adelson is very much relevant to the allegations of BOTH the prosecution and defense and she has asserted her claim of the Fifth Amendment protections. It would be considered highly prejudicial to have the jury see her invoke her right not to testify in these proceedings so the judge will not let her near the courtroom unless there is immunity granted (which would prevent her from taking the Fifth).

Let's assume she had expressed a willingness to testify but when she is on the stand she invokes the Fifth. The judge would clear the courtroom and after making a record to make sure she is knowingly claiming the protection would dismiss her from further testimony. The judge would then instruct the jury that they must not take into account her invoking the Fifth and the trial would move on. The difference here is that the judge KNOWS she is going to invoke her rights so he cannot allow her to even take the stand without immunity.

 

[GordonX]

Karl Etters @KarlEtters

Daniel Rashbaum, the attorney who has in the past represented Donna and Harvey Adelson, is now representing accused Dan Markel murder suspect, ex-brother-in-law Charlie Adelson. Rashbaum filed as Adelson's council in Leon County Monday and replaces David Oscar Markus
4:06 PM · May 9, 2022·TweetDeck

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[GordonX]

The Dan Markel Case: Charlie Adelson Gets A New Lawyer
Why did his first lawyer, David Oscar Markus, withdraw from the case?

David Lat
May 9, 2022

The Dan Markel Case: Charlie Adelson Gets A New Lawyer

Why did his first lawyer, David Oscar Markus, withdraw from the case?

davidlat.substack.com

 

[KidonGadol]

The Dan Markel Case: Charlie Adelson Gets A New Lawyer
Why did his first lawyer, David Oscar Markus, withdraw from the case?

David Lat
May 9, 2022

The Dan Markel Case: Charlie Adelson Gets A New Lawyer

Why did his first lawyer, David Oscar Markus, withdraw from the case?

davidlat.substack.com

Lat's little essay is well worth reading. Essentially he's guessing that DO Markus does not want the case because it could get long and expensive and he's not sure of getting paid . In addition it would stretch a small law firm over one big case which is not wise. He also suggests that the family blames DO Markus for not having a strategy to keep CJA out of jail and there's acrimony involved.

D. Lat is the person who provided the name Amy Adler to the world via the "above the Law" website. She was the new woman in DM's life and the reason he intended to fly to NY on the Saturday. Before that she was just "Amy. " She's not on the witness list. There's a chance that GC has a sworn statement from her on the intended travel but an electronic record of booking a ticket would be just as good. This all relates to KM's alleged knowledge of Dan's movements as related to S. Garcia on the 17th.

 

[jbc]

Isn't an additional potential reason that Markus can be seen as communicating with KM's lawyers to some degree, the supposition of which is supported by their being on the same floor of the same office building? Do I have that correct?
If so, wouldn't that just bring more criticism of Markus' professional behavior than he is willing to tolerate?

 

[JerseyGirl]

Jury in Katherine Magbanua’s upcoming trial will see Dolce Vita video, but not transcripts or subtitles

The state was seeking to add subtitles and share a transcript with the jury. The defense argued those were inaccurate and misleading.

www.wctv.tv

 

[GordonX]

Isn't an additional potential reason that Markus can be seen as communicating with KM's lawyers to some degree, the supposition of which is supported by their being on the same floor of the same office building? Do I have that correct?
If so, wouldn't that just bring more criticism of Markus' professional behavior than he is willing to tolerate?

Markus would be 8 years too late to be worried about such criticism all of a sudden now.

 

[Deleted member 302228]

I'm told Markus never filed for bail, didn't get on the courthouse steps and say his client was innocent
I'm also told by people in Tallahassee to ignore David Lat

 

[Niner]

@oviedo - was just wondering if Adelson might have a court hearing coming up since he got his new lawyer?

TIA!

 

[vislaw]

I'm told Markus never filed for bail, didn't get on the courthouse steps and say his client was innocent
I'm also told by people in Tallahassee to ignore David Lat

Interesting. I did note last month this statement in an article: "Adelson is currently being held without bond, but one of his attorneys indicated during the first appearance that she will file a motion to try to get him released on bond until the trial begins." Looks like MARGOT ROSS of MARKUS/MOSS PLLC handled the first appearance.

 

[KidonGadol]

Interesting. I did note last month this statement in an article: "Adelson is currently being held without bond, but one of his attorneys indicated during the first appearance that she will file a motion to try to get him released on bond until the trial begins." Looks like MARGOT ROSS of MARKUS/MOSS PLLC handled the first appearance.

Margo Moss not Ross. As per DO. Markus' commercial website.
Cheers.

 

[vislaw]

Margo Moss not Ross. As per DO. Markus' commercial website.
Cheers.

My typo. THANKS.

 

[vislaw]

I found a link to a PDF version of the trial transcript that I've found very useful since you can search terms and names. It may prove useful to those of you following the upcoming trial.

Also, is there a particularly good timeline for the events surrounding the murder that someone could point me to? I'm particularly interested in a good timeline that indexes all of the cell phone activity. THANKS

 

[missunshine]

I found a link to a PDF version of the trial transcript that I've found very useful since you can search terms and names. It may prove useful to those of you following the upcoming trial.

Also, is there a particularly good timeline for the events surrounding the murder that someone could point me to? I'm particularly interested in a good timeline that indexes all of the cell phone activity. THANKS

- how many pages would that be?

 

[vislaw]

- how many pages would that be?

3,428 ... you're going to want to read it online and not print it out.

 

[BlueSky12]

If the prosecution grants immunity she can’t take the fifth. If no immunity is granted she can take the 5th but if the judge knows beforehand that she will take the 5th (such as in this case) he won’t let her do so in front of the jury because it is considered prejudicial. Many jurors will think the witness must be guilty if he/she pleads the 5th.

Thanks very much.