DAN MARKEL: Florida v Magbanua, Garcia, & Adelson in murder-for-hire *Magbanua & Adelson GUILTY*

220px-Dan_Markel.jpg


Leon Circuit Judge James C. Hankinson set an April 13 trial date for Katherine Magbanua, whose charges in the murder of Florida State law professor Dan Markel ended in mistrial earlier this month.

Magbanua, wearing a blue Leon County Detention Center jumpsuit, appeared in the courtroom with her attorneys, Chris DeCoste and Tara Kawass. Hankinson asked about her legal representation moving forward; DeCoste said he and Kawass intend to continue defending her.

 

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 invoked their rights against self-incrimination.

Magbanua’s second trial on charges of first-degree murder, conspiracy to commit murder and solicitation of murder is set to begin next month. Three years ago, her trial ended in a mistrial.

Her Miami defense team last month filed an amended witness list which includes Markel’s former in-laws, who prosecutors have alleged are the financiers behind the murder-for-hire plot that ended the Florida State University law professor’s life in 2014.
 

‘Enhanced’ video at issue as Katherine Magbanua’s retrial nears​

An “enhanced” version of a secretly recorded video could soon be made public in the upcoming trial of Katherine Magbanua.

Magbanua’s retrial is scheduled to begin on May 16.


In a motion filed April 14, prosecutors are now asking the judge to decide in advance whether jurors will be able to see a transcript of the newly “clarified audio” and whether they can see a demonstrative aid that combines the original video, the enhanced audio and subtitles from the transcript.

There has been significant legal debate over the original recording because parts of the conversation are inaudible. It’s not clear yet how much of the conversation is audible in the newly enhanced version.
 
TALLAHASSEE, Fla. (WCTV) - In a bombshell development nearly eight years after the killing of FSU law professor Dan Markel, his former brother-in-law has been arrested.

Charlie Adelson, brother of Markel’s ex-wife Wendi Adelson, was taken into custody Thursday morning at his home in the Miami area, after a grand jury indictment was issued Wednesday in Leon County.

Broward County Sheriff’s Office records show Adelson faces charges of first-degree murder, conspiracy to commit murder, and solicitation to commit murder.

Adelson becomes the fourth person charged in connection with the murder of Markel, who was shot and killed when he pulled into the driveway of his Betton Hills home in July 2014.

“We will not rest until everyone involved is brought to justice,” Assistant State Attorney Georgia Cappleman said in announcing Adelson’s arrest.

Prosecutors contend Markel was killed in a murder-for-hire plot that has already sent Sigfredo Garcia and Luis Rivera to prison. Garcia’s former girlfriend, Katherine Magbanua, is set to be retried in the case starting May 16. The state attorney’s office claims the trio conspired with the Adelson family to kill the professor to end a custody battle.

Magbanua’s retrial was delayed until May after prosecutors told the judge an audio forensics expert was reviewing an FBI recording of Magbanua meeting with Charlie Adelson at the Dolce Vita restaurant in Miami back in April 2016.

Cappleman pointed to that piece of evidence as she discussed Adelson’s arrest Thursday.

“A new piece of the puzzle was added, which was the clarified audio of the restaurant recording,” said Cappleman. “This recording includes statements by Charles Adelson which can be heard clearly for the first time,” she said.

Markel’s ex-wife, Wendi Adelson, and her family have repeatedly denied having anything to do with the murder. The Adelson family - Wendi, her brother Charlie and their parents Harvey and Donna - are all listed as possible witnesses in her upcoming retrial.

 
Markel's family issued their own statement through their lawyers thanking law enforcement for their dogged pursuit in the case.

"The Markel family is deeply grateful to the State Attorney’s Office, the FBI and all members of law enforcement for their tireless pursuit of justice," the family said. "Nearly eight years after Danny’s tragic murder, these dedicated public servants continue to fight to honor Danny’s memory and to hold accountable all those responsible for his horrific death. On behalf of Danny’s family and friends in the Tallahassee community and all over the world, thank you.”

 
Markel's family issued their own statement through their lawyers thanking law enforcement for their dogged pursuit in the case.

"The Markel family is deeply grateful to the State Attorney’s Office, the FBI and all members of law enforcement for their tireless pursuit of justice," the family said. "Nearly eight years after Danny’s tragic murder, these dedicated public servants continue to fight to honor Danny’s memory and to hold accountable all those responsible for his horrific death. On behalf of Danny’s family and friends in the Tallahassee community and all over the world, thank you.”

Great news! Now if they would only arrest the mother, Donna Adelson and Dan’s ex-wife, Wendy Adelson.
 
https://www.sheriff.org/DOD/Pages/ArrestSearch.aspx
Inmate Detail
ADELSON, CHARLES
Inmate Information
[IMG]

Arrest Number 502201232
Arrest Date 04/21/2022
Arresting Agency BROWARD SHERIFF'S OFFICE
Race W
Sex M
DOB10/27/1976
HeightWeightHairEyes
Location Main Jail
Visitation View Schedule
Expected Release Date

Charge
Charge Number 1
Case Number 2016CF3036
Statute HLD-CO FEL
Description OUT OF CO HOLD - FEL
Charge Comments MURDER FIRST DEGREE, CONSPIRACY TO COMMIT MURDER, SOLICITATION TO COMMIT MURDER
Charge Status PENDING TRIAL
Bond Type NB
Bond Amount $0.00

HOLDER
Holder Number 1
Applied Date 04/21/2022
Holder Desc. LEON COUNTY HOLD
 
https://www.sheriff.org/DOD/Pages/ArrestSearch.aspx
Inmate Detail
ADELSON, CHARLES
Inmate Information
[IMG]

Arrest Number 502201232
Arrest Date 04/21/2022
Arresting Agency BROWARD SHERIFF'S OFFICE
Race W
Sex M
DOB10/27/1976
HeightWeightHairEyes
Location Main Jail
Visitation View Schedule
Expected Release Date

Charge
Charge Number 1
Case Number 2016CF3036
Statute HLD-CO FEL
Description OUT OF CO HOLD - FEL
Charge Comments MURDER FIRST DEGREE, CONSPIRACY TO COMMIT MURDER, SOLICITATION TO COMMIT MURDER
Charge Status PENDING TRIAL
Bond Type NB
Bond Amount $0.00

HOLDER
Holder Number 1
Applied Date 04/21/2022
Holder Desc. LEON COUNTY HOLD
No bond. Good.
 
Excellent examination & comments on evidence & Dolce recording by David Lat, friend & cohort of Dan Markel at the law review:




  • CA: “My point is, I don't want this coming back. I don't have a problem helping the community out, but I don't want this community to come back next month. And what I think happens if I pay the money, they’re gonna be back again and again and again.” (p. 17) P: Charlie thinks aloud about paying off the person who spoke to his mother, but expresses the concern that “they’re gonna be back again and again and again.” If he and Donna Adelson are innocent, why are they even thinking about paying off this random person?
    • CA: “I want to give them the money, but what I don't want to get involved in, is next Tuesday he's asking for 10,000. So this was my idea: I give you money, you contact….” (p. 22) P: Charlie reasons through trying to pay off the man who approached his mother, but without having a recurring problem—and suggests that Katie handle the payoff. What does Katie have to do with any of this, if she didn’t play the role of intermediary?
    • CA continues talking through how the payoff might be handled and what Katie might say. (pp. 23-26) P: Why is Charlie even considering paying off this stranger, unless the stranger actually presented him with information that could be threatening to him? Shouldn’t Charlie—or his mother, the person who was actually approached—just go to the police?
 
Ruth Markel, Dan’s mother, described Thursday’s arrest as a breakthrough and a chance for a new phase of the saga to begin. She described her experience over the years as “prolonged Grief”.

”There’s been a lot of talk from day one, whether it should have happened already. I mean, this is not a new story. I believe you are always waiting for justice,” Ruth said.

She also said justice and closure are two very different things and that while the arrest opens new avenues for justice, closure may never come, or take a different path.

 

Charlie Adelson appeared remotely in a Zoom hearing with judge Phoebee Francois

The judge found probable cause on the charges Adelson faces of murder and conspiracy.

Adelson’s defense attorney, David Oscar Markus, asked about a bond hearing for Adelson. He said he understood Adelson could not get that hearing Friday, and it would have to come after Adelson was brought to Tallahassee to face the charges.
 

Magbanua's defense team looking to call Adelson family as witnesses in Markel murder trial​


Magbanua’s second trial on charges of first-degree murder, conspiracy to commit murder and solicitation of murder is set to begin next month. Three years ago, her trial ended in a mistrial.

Her Miami defense team last month filed an amended witness list which includes Markel’s former in-laws, who prosecutors have alleged are the financiers behind the murder-for-hire plot .

One of Magbanua’s attorneys, Chris DeCoste, said the intent is to get as much evidence and information before the jury, including those the State Attorney's Office has alleged are behind the plot.

“If the government is not going to bring everybody together to finally get to the bottom of it, we’re going to do it so this is the last trial,” DeCoste said. “It is like having a birthday party but not inviting the person whose birthday it is.”

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.

"Some or all of these witnesses appear to be implicated as co-conspirators,” she wrote, noting that prosecutors anticipate they will invoke their Fifth Amendment rights.

Cappleman requested that the defense submit the questions they intend to ask, that the Adelsons' attorneys be offered the opportunity to identify questions they believe the Fifth Amendment applies to, and that a pre-trial ruling be made as to which questions are not covered.

Cappleman said she doesn't object to the Adelsons being called as witnesses, but the lawyers "need to make sure they're going to give admissible testimony."

"If they’re not going to offer admissible testimony then they cannot be called as witnesses,"

Wendi Adelson testified under an immunity agreement in a joint trial in 2019 with Magbanua and Garcia.

Garcia was convicted of Markel’s murder and sentenced to life in prison. A jury was unable to unanimously decide Magbanua's guilt, resulting in a mistrial.


 
Markel murder: Prosecutors say enhanced video was missing piece of puzzle
“The piece of evidence was something that I did think was important, and I’ve always felt like if we could just get that clarified, that would make a big difference potentially in the case,” Cappleman said. “So I was really happy to have that piece of evidence to present to the grand jury.”

The indictment was sealed. But Cappleman, the lead prosecutor in one of Tallahassee’s most notorious murders, confirmed in an interview that Adelson bank-rolled the killing. It was carried out by Sigfredo Garcia, the father of Magbanua’s two children, and Luis Rivera, who drove to Tallahassee in a rented Prius, shot Markel point-blank in his Betton Hills garage and were later convicted in the case.

Neither Cappleman nor Campbell would say which portion of the video prompted the charges.


 
Ruth Markel, Dan’s mother, described Thursday’s arrest as a breakthrough and a chance for a new phase of the saga to begin. She described her experience over the years as “prolonged Grief”.

”There’s been a lot of talk from day one, whether it should have happened already. I mean, this is not a new story. I believe you are always waiting for justice,” Ruth said.

She also said justice and closure are two very different things and that while the arrest opens new avenues for justice, closure may never come, or take a different path.

I can entirely identify with this. Prolonged grief, complex grief, I'm sure there are "terms" for it. It isn't like a death that isn't by murder imo having had both. You can't grieve, well you do but also can't, as you put it aside and have to to get an arrest, justice, etc. and it becomes even in of course the courts etc. all about the perp, the perp's rights, the perp's trial and NOT about the victim. Oh the charge is for the victim and because of the victim but... From there it is the defense and the battle and the delays and more... And it becomes even more that way and for us or at least me, the baby in this family we never laid to rest as it could never be about her and just about her and honoring her without something about the perp or case rearing its head any time we thought about it or tried to plan on it... Without the evil in the picture and the process still not over...

Closure is another "term". So is forgiveness.

I know this case or enough of it but not as well as many of you but I understand these remarks. And with this probably long awaited arrest, I entirely think I get it... Three years for us... 2014 to 2022 here in this case--EIGHT YEARS--and this arrest just happened so not even all were arrested right...?

And then there are people who never have answers nor justice. Justice is a word that belongs with closure in my opinion. Or you get a guilty verdict and a light sentence or bond all those years before trial...

Sorry for rambling, it just strikes a chord. Our system BITES and there are huge issues with it. No one should have to go through this and for this long. But I guess a long wait and they are seeing some good things but at what toll all the years...

Okay. Forgive me. Touched a major chord is all.
 

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