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DAN MARKEL: Florida vs. Katherine Magbanua and Sigfredo Garcia in murder-for-hire

Discussion in 'Courtroom' started by noZme, May 26, 2016.

  1. MULDER

    MULDER Bronze Member


    Have been waiting for this.
    Will be interesting to see what the outcome is.
     
  2. Paradise

    Paradise Media Mod

    We all know it is Donna. Just have to figure out the trail. FOLLOW THE MONEY
     
    GarAndMo49, spike and noZme like this.
  3. noZme

    noZme Bronze Member

    Just a matter of time for at least 3 Adelsons. Georgia Cappleman, State Atty will pounce when the time is right. All the posturing of their lawyers will be revealed as the dog & pony show it is.

    Meanwhile today at ATL:

    Defense Attorneys Dismiss It All As Fake News

    "...what’s really interesting about this story is how artfully the attorneys defending the unindicted folks seize the cultural moment and run with it.

    David Oscar Markus, Charlie Adelson’s attorney, said Friday: “Even though Charlie wasn’t involved, the prosecution has run a smear campaign against him and his family by using alternative facts created by people with quite a bit of time on their hands.”

    I’m old enough to remember when “fake news” was a term applied to ..."

    "That a pair of career criminals would drive hundreds of miles to assassinate a law professor who just happens to be involved in a dispute with the employers of the gunman’s girlfriend? What random happenstance! Yes, that does sound like a soap opera. Or at least an episode of Alfred Hitchcock Presents. And yet DeCoste contends it’s the idea that there may be a connection that is “preposterous” and “wholly unreliable.”

    http://abovethelaw.com/2017/02/the-...efense-attorneys-dismiss-it-all-as-fake-news/
     
    GarAndMo49, fran, Kimster and 3 others like this.
  4. Kimster

    Kimster Director Staff Member

    Oh great, just what we need. More ammo for defense attorneys. Why are they acting appalled? They created fake news!
     
  5. Paradise

    Paradise Media Mod

    The Dan Markel Case: Lingering Questions Over Who’s Paying Katherine Magbanua’s Legal Fees
    By DAVID LAT

    Mar 28, 2017 at 3:27 PM
    [​IMG]
    Katherine Magbanua

    Back in November, I wondered: who is paying the legal fees of Sigfredo Garcia and Katherine Magbanua, two of the defendants accused of plotting the July 2014 murder of Florida State University law professor Dan Markel?

    Fast forward five months, and the question remains unanswered. From the Tallahassee Democrat:


    Katherine Magbanua’s attorneys say prosecutors are on a fishing expedition to figure out who is paying her legal fees.

    Last month, Assistant State Attorney Georgia Cappleman set out to figure out whether the former in-laws of slain Florida State University law professor Dan Markel were paying for two Miami lawyers defending Magbanua, who is suspected of being the conduit in the murder-for-hire plot.

    Cappleman said the money trail leads to co-conspirators in the case. But in a Friday court filing, Magbanua’s attorneys Tara Kawass and Christopher DeCoste say prosecutors are doing so on the basis of “conjecture rather than proof.” They want Leon Circuit Court Judge James Hankinson to deny the request.

    A case management conference is scheduled for May 1.


    If the Adelsons, Markel’s former in-laws, are bankrolling Magbanua’s defense, that strikes me as information that ought to be made public. Given the suspicions that law enforcement officers have about possible involvement of the Adelsons in the murder, the potential for a conflict of interest here is huge. Funding of Magbanua’s defense should therefore be disclosed, so the court can ensure that there is no actual conflict and that Magbanua is receiving the most effective representation possible. (As we’ve mentioned many times before, no member of the Adelson family has been charged in this case, and the Adelsons maintain their innocence.)

    Note how Magbanua’s lawyers do not deny that the Adelsons are funding their client’s defense, whether directly or indirectly, in whole or in part. They simply accuse the prosecution of a “bad faith ‘fishing expeditions’ to obtain information to which they are not legally entitled.”


    Well, not so fast — the prosecution is entitled to this information, if the court so rules. There is no constitutional or statutory bar to disclosure of funding arrangements in litigation. And if there’s a trend in this area, it’s in favor of more disclosure, not less.

    For example, earlier this year the federal court for the Northern District of California (San Francisco) adopted a rulerequiring the automatic disclosure of third-party funding agreements in proposed class action lawsuits. The purpose of the new rule is to help avoid conflicts of interest and ensure that a funder is not exercising undue influence over a litigation.

    So too in this case. Knowing who is paying for Katherine Magbanua’s defense can only be for the good. If Christopher DeCoste and Tara Kawass have confidence in the quality and independence of their representation of Katherine Magbanua, they should have no problem with the prosecution and the court knowing who is footing their bill.

    As Justice Brandeis famously put it, “Sunlight is said to be the best of disinfectants.”

    UPDATE (8:53 p.m.): Although they are now declining to disclose who’s funding Magbanua’s defense, her lawyers said last month that Katie Magbanua’s defense is being paid for by her family:

    “They’re wrong on their theory of the murder just like they’re wrong on their theory of who’s paying for Katie’s defense, which is her immediate family,” DeCoste said in an email [to the Tallahassee Democrat]. “They’ve gone into their savings, into their retirement accounts, causing financial hardships, all in order to protect Katie from a wrongful conviction at the hands of an overzealous prosecution. In time their suspicions of the murder will be disproved just like the offensive suspicions that Tara Kawass and myself are focused on anything other than our duty to Katie.”


    If this is the case — the Magbanua family is paying for her defense, and her lawyers have no problem saying so — then it’s not clear what the issue is here. I have reached out to Christopher DeCoste and Tara Kawass for clarification.

    UPDATE (9:07 p.m.): Here is what DeCoste just told me: “We’re not trying to keep [the funding arrangements] confidential. The point of our motion is the government shouldn’t be able to operate based on mere speculation.”

    Magbanua’s attorneys: State on a ‘fishing expedition’ [Tallahassee Democrat]
    District Court Adopts First-of-its-Kind Litigation Funding Disclosure Requirement [The D&O Diary]
     
  6. noZme

    noZme Bronze Member

    Representation by Oscar Marcus does not come cheap. It's a simple enough matter of counting that the State questions that Magbanua's family can ante up Markus & Moss fees. Fishing? Perhaps it is. But the fishies have mucked up the water in the creek. And, the Adelsons have enough incentive to keep it stirred up as long as possible.

    Georgia Cappelman is going to show dorsal fins of her own, she is smart enough to swim with the Miami fish.

    http://markuslaw.com/firm-profile/
    http://markuslaw.com/news-articles/

    And what's the big deal anyway, wouldn't DA be willing to help out any of Charlie's old girfriends or ex "employees" of the dental clinic?
     
    GarAndMo49, MULDER, spike and 2 others like this.
  7. fran

    fran Administrator Staff Member

    Perhaps the DA should talk to the defendents, not Katherine.
    Imagine how they'll feel if she gets off and they go to jail for life.
    Let's be serious here, she has a better chance of getting off with a top rate attorney, than he does with a public defender.
    Not saying the public defender is a bad attorney, but the public defender only has facts to work with, where as a highly paid attorney has his own tricks, if you will.

    JMHO
    fran
     
    GarAndMo49, MULDER, noZme and 2 others like this.
  8. noZme

    noZme Bronze Member

    And that would be a travesty of justice. I would rather see the killers walk free than the planners & implementer not be charged ~ there I said it. I know it's twisted. Rivera & Garcia are soulless, violent criminals but IMO no more guilty than CA, DA & yes, I believe WA was in it from the start. They plotted to take the life of Dan Markel & deprive 2 children of their devoted father for their own selfish convenience. CA go to jail. DA go to jail. WA go to jail. And write nice little book about a beautiful, intelligent girl with blue eyes who rots in prison.
     
  9. noZme

    noZme Bronze Member

    So much coinky-dinky here. Where there is smoke, there is fire:

    "Magbanua called her attorney, Kawass, the day she was arrested in the same 2001 Lexus sedan Garcia was arrested in five months before. Within 20 minutes, while investigators still sat in the parking lot where Magbanua was taken into custody, Charlie Adelson’s attorney David Markus called TPD investigators asking to be notified of a warrant to arrest his client. DeCoste and Markus have offices in the same Miami building."

    One of the best TLH Demo write ups, spells it out plainly & simply.
    . http://www.tallahassee.com/story/ne...tors-whos-paying-magbanuas-legal-fees/98195276/
     
  10. MULDER

    MULDER Bronze Member

    I cannot believe that KM's immediate family is funding her legals.
    Not unless her immediate family is the Adelsons.
     
    Looking4you, noZme, spike and 2 others like this.
  11. noZme

    noZme Bronze Member

    shortened by me.
    I doubt any laws were broken by KM driving cars owned by, provided by or purchased for her by the Adelson family. No crime there, but doesn't it say a lot? How many dental clinic "employees" were given high-end autos?

    (It would improve my mood today if I could kick a defense attorney.)
     
  12. spike

    spike Bronze Member

    I have a list of alternates if you'd like.
     
    MULDER, Paradise and noZme like this.
  13. noZme

    noZme Bronze Member

    Prosecutor not ruling out charges for ex-in-laws in Markel case

    Assistant State Attorney Georgia Cappleman said at this point there is a lack of direct evidence to arrest anyone in the Adelson family. But that doesn’t mean it won’t happen. She pointed out there is no statute of limitation for murder charges and the investigation continues.

    “I don’t take lightly charging somebody with murder and I’m only going to get one shot so I want to make sure that it’s our best effort,” Cappleman said, noting a mountain of strong, but circumstantial, evidence in the case. “Yes, the implications are there, but you can’t take implications to a jury.”

    TPD homicide detectives consider the case open and active. Lead investigator Craig Isom continues to try to find the one piece of evidence or one witness to clinch the case.

    Prosecutors have detailed a tangled web of suspects and co-conspirators in court records and wiretaps they say reveal a clandestine operation. Garcia and Rivera were hired to travel to Tallahassee from Miami to kill Markel. The motive they say was the family's desire to move Markel's two young boys to South Florida following his contentious divorce from Wendi Adelson.

    http://www.tallahassee.com/story/ne...ling-out-charges--laws-markel-case/102021582/
     
  14. fran

    fran Administrator Staff Member

    IMHO, the pros should take their time prosecuting this case. I know the ex's family hasn't been arrested, but I'll trust LE in that they need proof of their involvement, enough so, they get a conviction. Like they said, they only get one bite of the apple.

    In the meantime, these other two are behind bars, sweating it. The longer Kathryn is away from her kids, the more chance she may spill the beans. OTOH, once it goes to trial, all deals are off for her. She better decide who she's loyal to, her kids or her ex b/f and his family.

    JMHO
    fran
     
    Looking4you, Jay, MULDER and 4 others like this.
  15. noZme

    noZme Bronze Member

    Murder of FSU law professor reaches third-year anniversary
    [​IMG]

    July 18, 2014, Florida State University Law professor Dan Markel was gunned down in his own driveway. The shocking shooting and subsequent allegation that his death was the result of a murder for hire are still unraveling in court.

    Markel's young sons are now living with their mother in South Florida. His parents are in Canada awaiting answers.

    I refuse to use space here to repeat idiocy of defense attorneys. IMO, As soon as what is known can be proved to court standards, the 3 being held & some A family members are going away.

    http://www.wctv.tv/content/news/Markel-shooting-reaches-third-year-anniversary-435279253.html
     
    Looking4you, spike, Jay and 2 others like this.
  16. Paradise

    Paradise Media Mod

    The Dan Markel Case: Wendi Adelson Finds A New Job
    Any negative views people might have about Wendi Adelson haven't stopped her from landing a prominent post.
    By DAVID LAT

    at 10:27 AM
    [​IMG]
    Wendi Adelson

    This month marks the third anniversary of the murder of law professor Dan Markel. Suspects have been arrested, and one has pleaded guilty, but the wheels of justice are turning slowly as to the other two (as well as anyone else involved — including whoever ordered the crime).

    Any trials won’t take place until sometime next year (or even later). Today the court will hold a hearingon whether defendant Katherine Magbanua must reveal who’s footing her legal bills.

    Many followers of the case have developed negative views of Markel’s ex-wife, Wendi Adelson. She has been criticized for her selfishness, reflected in how she acted during the couple’s acrimonious divorce, and for her narcissism, reflected in her podcast discussions of the murder (all focused on herself and her feelings, rather than Dan and his tragic end). And some have even wondered whether Adelson might have had involvement or at least advance knowledge of the murder (which her lawyer vociferously denies).

    But any negative opinions or suspicions that people might have of Wendi Adelson haven’t prevented her from landing a new job:


    Wendi Adelson has been appointed head of the Immigration Partnership & Coalition (IMPAC) Fund.

    Prior to IMPAC, Adelson served as a law clerk to the Honorable Adalberto Jordan on the United States Court of Appeals for the Eleventh Circuit from 2015 to 2016 and for seven years was a law professor specialising in immigration at Florida State University.

    Critics of Adelson might not be pleased to see her thriving while the individuals who ordered Markel’s murder remain at large. But do recall that she has two children to support — children who will never see their father again, and who are also victims of this horrific crime.

    http://abovethelaw.com/2017/07/the-dan-markel-case-wendi-adelson-finds-a-new-job/
     
    Looking4you, spike, fran and 2 others like this.
  17. fran

    fran Administrator Staff Member

    Markel murder suspects could be tried together

    TALLAHASSEE, Fla. (WCTV) -- A couple accused in the murder of FSU professor Dan Markel could be tried together.

    A judge Friday set a tentative trial date for Katherine Magbanua on January 22, 2018. It's the same day as co-defendant Sigfredo Garcia's trial.

    Yet, the judge says the state hasn't filed an official motion, and defense attorneys said they plan to fight any motive to consolidate the cases.

    The judge Friday refused the state's request to reveal who is paying Magbanua's legal fees.

    [​IMG]


    Katherine Magbanua, her attorneys and the judge met behind closed doors to discuss who is making those payments while prosecutors waited outside.

    Magbanua's attorneys admit a third party is paying Magbanua's legal bills, but they deny it's the family of Dan Markel's ex-wife as prosecutors suggested.

    The judge ruled as soon as he emerged from the closed door meeting.

    "The court is comfortable that payments for the attorneys fees in this case are being paid by a third party unrelated to the Adelson family," Circuit Judge James Hankinson said. "Unless the state has some direct evidence to the contrary, I don't believe any further inquiry is needed nor appropriate."

    Not only did Hankinson rule out the Adelson's paying those bills, he refused to tell the state who is paying them.

    "They're not allowed to stick their nose in where it doesn't belong," defense attorney Christophe DeCoste said afterward. "Just like they don't have a right to know what goes on in our bedrooms at home, they don't have the right to know what's going on between a client and their attorney."

    Defense attorneys feeling vindicated and suggesting the ruling is the latest crack in the state's "murder for hire" theory.

    "They've been proved wrong on who's paying the legal fees ... and they have been proved wrong ," DeCoste said. "They will be proved wrong on the homicide."

    "I don't think it's a setback on trying to prove the link, the conspiracy," prosecutor Georgia Cappleman said after the hearing.

    "She was offered immunity, refused it. She's now sitting in jail. I believe she holds the key to her own freedom essentially," Cappleman said, "and it's a little suspicious that she has no money to pay, yet she's hired an expensive legal team that's housed in the same building as Mr. Adelson's attorneys."

    Prosecutors contend Magbanua, who once dated the brother of Markel's ex-wife, was the go between in a plot to guarantee custody of Markel's children.

    Magbanua and the Adelson family have repeatedly denied any involvement in the professor's murder three years ago this week.

    None of the Adelsons has been charged with a crime.

    http://www.wctv.tv/content/news/Pro...herine-Magbanuas-attorney-fees-414441673.html
     
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  18. fran

    fran Administrator Staff Member

    The Dan Markel Case: Katherine Magbanua Turns Down A Deal
    Who's paying Katie Magbanua's legal fees will remain a mystery, and her trial date has been set.

    What prompted the prosecution’s curiosity about legal fees? As prosecutor Georgia Cappleman told WCTV after the hearing, “It’s a little suspicious that [Magbanua] has no money to pay, yet she’s hired an expensive legal team that’s housed in the same building as Mr. [Charlie] Adelson’s attorneys.”


    Yes, that’s right: DeCoste and Kawass are is located in the same office building — and not just the same building, but the same suite (PH1) — as David Oscar Markus, the prominent, very successful Miami defense lawyer who represents Charlie Adelson, brother-in-law of Wendi Adelson and a person of interest in the Markel investigation. (A probable cause affidavit for Charlie Adelson has been prepared, but to date Adelson has not been charged; through David Markus, Charlie Adelson denies any involvement in the murder.)

    [UPDATE (11:35 p.m.): DeCoste and Markus are in the same building, but Kawass is not. DeCoste works at 40 NW 3rd Street, but Kawass works at 780 Tamiami Canal Road. DeCoste contacted us to explain:

    Tara and I don’t, and have never, shared office space. Tara was the original attorney [representing Magbanua]. Tara and myself have been working together on complex cases since before I moved into my current office (see, e.g., here, here, and here). This being complex, she brought me into the case post arrest.

    Katie is fully informed and the only one making decisions concerning her life. But if you want to keep feeding foolish conspiracy theories, I should tell you Sasquatch is living in my garage and I was Stanley Kubrick’s key grip for the moon landing film.

    ........................ snip ........................
    ........................ snip ........................

    One reader following the case flagged this for me, and noted (capitalization and punctuation in the original email):

    Katherine Magbanua was offered an IMMUNITY DEAL, and — presumably following the sage, independent advice of her lawyers — she REFUSED it! WHO REFUSES AN IMMUNITY DEAL IN A CAPITAL MURDER CASE???????? What does this tell us about the conflict of interest of her attorneys and who is pulling their strings??? In my opinion… DAVID OSCAR MARKUS is their puppeteer and they are protecting his client at the expense of Ms. Magbanua and putting her in serious legal jeopardy!!! To me, this is a mockery of the justice system!

    The basis for this reader’s rather passionate opinion is not entirely clear. But it’s fair to say that he’s not alone in holding it. Other observers, as well as the prosecution, do wonder why Katie Magbanua refuses to cooperate with the government.

    One possibility: with her legal fees being covered by a mysterious third party — and also by her relatives, who have gone into financial hardship as a result, according to her lawyers — perhaps Magbanua feels she might as well “roll the dice” at trial. If she’s acquitted, then she’ll walk away a free woman. If she’s convicted, then she can still try and cut a deal, in the hope of getting a break at sentencing.

    Another possibility: Katherine Magbanua is innocent, which is the position of her lawyers. As Christopher DeCoste told WCTV after Friday’s hearing, “[The prosecutors have] been proved wrong on who’s paying the legal fees. They will be proved wrong on the homicide.”

    UPDATE (11:35 p.m.): David Oscar Markus reached out after the publication of this post to explain that he and Kawass are not in the same building (as noted in the update above), and to add the following:

    The Adelsons did not use a third party to pay for Katie’s fees.

    As for your all-caps commenter, she should consider that defendants are right to reject immunity deals when they are asked to lie and falsely accuse for that immunity.


    more at link ......... http://abovethelaw.com/2017/07/the-dan-markel-case-katherine-magbanua-turns-down-a-deal/?rf=1
     
  19. Paradise

    Paradise Media Mod

    Someone needs to remind DeCoste and Marcus that a man has been murdered and their clients are up to their eyeballs in this crime. They may think their flippant comments are cute. I don't believe anyone else, besides their criminal clients, who think so.
     
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  20. Jay

    Jay Well-Known Member

    They doth protest too much.
     
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