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.
Prosecutors are objecting to Katherine Magbanua’s defense attorneys calling alleged co-conspirators in Dan Markel’s murder as witnesses.
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