FL - FSU Law Professor Dan Markel Murdered by Hitmen #13 *1 guilty*

[Gypsy Road]

Very interesting; According to Vinelink, KM is still in Leon county.

 

[TheLoadedGoat]

Longtime lurker here.....my first post! If the goal of the state is to bring the entire family to justice, is it possible that if Charlie gives up the mishpucha, the state will guarantee that he and Wendi will avoid LWP? This is the only scenario I can imagine Charlie considering.

Welcomr Snacky! So glad you are here! Thanks for teaching me a new word!

 

[vislaw]

I agree! And it’ll be interesting when the rest of the family is called as witnesses. Especially Donna. I wonder how she will hold up to being questioned?

Donna’s attorneys will never allow her to be cold as a witness.

 

[PrairieWind]

I have not posted here much. Such a sad story. It seems clear what happened, but proof is rough.
If KM is now going to spill the beans, one thing that must be explained is why she didn't before, when offered immunity. The State I am sure is more than willing to listen to her, but I'm not sure what sort of a deal they will offer her now. I hope justice is finally delivered here to all who deserve it.

 

[Snacky]

Welcomr Snacky! So glad you are here! Thanks for teaching me a new word!

Thanks, Goat! The yiddishism seemed appropriate given the context.

 

[Gypsy Road]

Donna’s attorneys will never allow her to be cold as a witness.

What do you mean by cold? Disposition? Or does it mean something else legally?

How will she hold up to Georgia’s questions? And will the jury get to see her nasty emails or hear her voice on the wire taps?

 

[Weki]

What do you mean by cold? Disposition? Or does it mean something else legally?

How will she hold up to Georgia’s questions? And will the jury get to see her nasty emails or hear her voice on the wire taps?

*Called. It’s a typo I believe. Donna will have the right to remain silent if charged and will plead the 5th if not charged but subpoenaed. Georgia won’t question her unless she decides to testify. I believe the wire taps will def come in at her trial (if she’s charged).

 

[Gypsy Road]

*Called. It’s a typo I believe. Donna will have the right to remain silent if charged and will plead the 5th if not charged but subpoenaed. Georgia won’t question her unless she decides to testify. I believe the wire taps will def come in at her trial (if she’s charged).

Thank you!!

 

[vislaw]

*Called. It’s a typo I believe. Donna will have the right to remain silent if charged and will plead the 5th if not charged but subpoenaed. Georgia won’t question her unless she decides to testify. I believe the wire taps will def come in at her trial (if she’s charged).

Thanks. Yes, that was a typo and you explained it beautifully.

 

[BSBC]

*Called. It’s a typo I believe. Donna will have the right to remain silent if charged and will plead the 5th if not charged but subpoenaed. Georgia won’t question her unless she decides to testify. I believe the wire taps will def come in at her trial (if she’s charged).

I don't believe it is correct that DA can plead the 5th and refuse to answer questions if called to testify in CA's trial. I believe that the state could force DA to testify in CA's trial. FL Stat. Sec. 914.04 provides that a witness may not refuse to testify on the grounds that her testimony may incriminate her, provided that such testimony may not be used against that witness except in a prosecution of that witness for perjury. This statute is the reason that the state was able to force WA to testify in the trials of LR and KM.

Statutes & Constitution :View Statutes : Online Sunshine

914.04 Witnesses; person not excused from testifying or producing evidence in certain prosecutions on ground testimony might incriminate him or her; use of testimony given or evidence produced.—No person who has been duly served with a subpoena or subpoena duces tecum shall be excused from attending and testifying or producing any book, paper, or other document before any court having felony trial jurisdiction, grand jury, or state attorney upon investigation, proceeding, or trial for a violation of any of the criminal statutes of this state upon the ground or for the reason that the testimony or evidence, documentary or otherwise, required of the person may tend to convict him or her of a crime or to subject him or her to a penalty or forfeiture, but no testimony so given or evidence so produced shall be received against the person upon any criminal investigation or proceeding. Such testimony or evidence, however, may be received against the person upon any criminal investigation or proceeding for perjury committed while giving such testimony or producing such evidence or for any perjury subsequently committed.

 

[Gypsy Road]

I don't believe it is correct that DA can plead the 5th and refuse to answer questions if called to testify in CA's trial. I believe that the state could force DA to testify in CA's trial. FL Stat. Sec. 914.04 provides that a witness may not refuse to testify on the grounds that her testimony may incriminate her, provided that such testimony may not be used against that witness except in a prosecution of that witness for perjury. This statute is the reason that the state was able to force WA to testify in the trials of LR and KM.

Statutes & Constitution :View Statutes : Online Sunshine

Thank you for explaining. I was confused because Wendi had been called during KM’s trials, so I really didn’t understand when it was said here that Donna would not be called. Guess we will wait and see.

 

[Weki]

I don't believe it is correct that DA can plead the 5th and refuse to answer questions if called to testify in CA's trial. I believe that the state could force DA to testify in CA's trial. FL Stat. Sec. 914.04 provides that a witness may not refuse to testify on the grounds that her testimony may incriminate her, provided that such testimony may not be used against that witness except in a prosecution of that witness for perjury. This statute is the reason that the state was able to force WA to testify in the trials of LR and KM.

Statutes & Constitution :View Statutes : Online Sunshine

Sure if the state grants her immunity then yes she could be forced to testify. But if CA is on trial and KM is singing and Donna has not been charged and is given immunity to testify, that would mean Donna is more than likely not going to be prosecuted EVER. Like many in this thread, I'm assuming (hoping!) Donna is going to be indicted soon and it's with that context that I answered the way I did and probably why @vislaw did as well.

Wendi was called to testify to give context and explain to the jury why these randos would drive from Miami to kill Dan Markel. They needed to put into evidence who Dan Markel was and the bitter divorce/custody battle.

 

[vislaw]

I don't believe it is correct that DA can plead the 5th and refuse to answer questions if called to testify in CA's trial. I believe that the state could force DA to testify in CA's trial. FL Stat. Sec. 914.04 provides that a witness may not refuse to testify on the grounds that her testimony may incriminate her, provided that such testimony may not be used against that witness except in a prosecution of that witness for perjury. This statute is the reason that the state was able to force WA to testify in the trials of LR and KM.

Statutes & Constitution :View Statutes : Online Sunshine

Yes, Wendi was given limited immunity that prohibits the State from using her testimony against her. However, this was a calculated decision based largely on the fact that she had been interviewed by the police so Georgia could craft questions knowing what the answers would be and limited her queries to those elements. Donna's situation is MUCH different inasmuch as she is party to recorded incriminating statements with Charlie. Unless Donna flips, we aren't going to see her on the witness stand.

 

[katiecoolady]

THANK YOU to everyone who weighed in on my query about Charlie's being able to cherry-pick a deal. It's been gnawing at me every time it's brought up. All of your responses make sense.

You know what JUST HIT ME yesterday? That Charlie and Katie are in the SAME JAIL at the moment and likely for awhile. That just kind of makes me shiver. Wonder if they can get any communication via "kiting".

 

[katiecoolady]

Longtime lurker here.....my first post! If the goal of the state is to bring the entire family to justice, is it possible that if Charlie gives up the mishpucha, the state will guarantee that he and Wendi will avoid LWP? This is the only scenario I can imagine Charlie considering.

Thank you for jumping in. All ideas and opinions are appreciated (well unless they are pro-Adelson to keep it real, for me--I don't see myself appreciating those).

 

[Gypsy Road]

Yes! Thank you all for your input. I learn so much here! I’m just a housewife with a design degree (retired) and don’t know much about the law. I’m a graduate of FSU and have been obsessed with this senseless murder. I want complete justice for Dan and his family.

 

[Seattle1]

Thank you for explaining. I was confused because Wendi had been called during KM’s trials, so I really didn’t understand when it was said here that Donna would not be called. Guess we will wait and see.

Nope, not happening. Call Donna to testify and all you will hear is a repeat of her Fifth Amendment.

In a criminal case, there is NO state (or federal) statute that overrides the Fifth Amendment of the US Constitution that protects people from being compelled to give testimony.

Wendi was first given immunity by the state that her testimony in KM's first and 2nd trials could not be used against her before ever being subpoenaed. Otherwise, we would have heard Wendi respond to every question posed to her that under the advice of counsel, she was exercising her Fifth Amendment right not to answer the question.

Generally, DAs are also not eager to pit parents against their children (in open court)-- with the exception when the child throws the first punch (such as when Casey Anthony accused George of rape and murder).

I don't see the state offering Donna immunity after, in my opinion, she played a larger role in Dan's murder compared to admissible evidence or lack of on Wendi. JMO

 

[Gypsy Road]

Very confused why the Tallahassee Democrat wrote (beginning of year) that prosecutors may call the Adelson family members. I can’t link the article because I no longer subscribe, but the article was from Jan 19 of this year before CA was arrested.I guess that changed things.

 

[Seattle1]

Very confused why the Tallahassee Democrat wrote (beginning of year) that prosecutors may call the Adelson family members. I can’t link the article because I no longer subscribe, but the article was from Jan 19 of this year before CA was arrested.I guess that changed things.

Witnesses can be called by either side but calling a witness is no guarantee they will answer any questions. However, the TD report is correct: the prosecutor did call Wendi Adelson.

I recall this coming up in January 2022 when KM's defense filed an amended witness list and the prosecutor filed a motion in opposition of the defense calling the Adelsons just to invoke their rights against self-incrimination (i.e., repeat the Fifth Amendment to each question posed).

Harvey, Donna and Charlie Adelson have all denied any involvement in the murder and have not been charged by prosecutors. They are among 10 defense witnesses listed in the Nov. 30 filing in Leon County Circuit Court.

The list also includes WCTV news anchor and reporter Julie Montanaro and Markel’s ex-wife Wendi Adelson, who testified in 2019 when Magabanua was tried alongside her long-time boyfriend Sigfredo Garcia. ...

Assistant State Attorney Georgia Cappleman filed a motion asking Circuit Judge Robert Wheeler to “prohibit the defense from calling any witnesses for the purpose of those witnesses invoking their rights to remain silent.”

Cappleman has implicated the Adelson family in the plot but has said there's a lack of evidence linking them to the murder.

TaxProf Blog: Magbanua's Defense Team Seeks To Call Adelson Family As Witnesses In Feb 14 Dan Markel Murder Trial

Tallahassee Democrat, Magbanua's Defense Team Looking to Call Adelson Family as Witnesses in Markel Murder Trial: Prosecutors are objecting to Katherine Magbanua’s defense attorneys calling alleged co-conspirators in Dan Markel’s murder as witnesses in her upcoming trial because they may have...

taxprof.typepad.com

 

[Rivkah11]

Longtime lurker here.....my first post! If the goal of the state is to bring the entire family to justice, is it possible that if Charlie gives up the mishpucha, the state will guarantee that he and Wendi will avoid LWP? This is the only scenario I can imagine Charlie considering.

Love me some Yiddish!