2.State Rests
30 linesJUDGE EVERETT: You may step down, Agent.
Please call your next witness, State.
MS. CAPPLEMAN: Your Honor, at this time, the State rests.
JUDGE EVERETT: Members of the jury, we're going to take a break at this point. The bailiff will escort you back into the jury room.
(Jury excused from the courtroom at 3:14 p.m.)
JUDGE EVERETT: Everybody can be seated.
Does the defense have any motions to raise at this point?
MS. MEYERS: We do, Your Honor.
JUDGE EVERETT: Go ahead.
MS. MEYERS: Your Honor, we renew all previous motions and objections for the record and we would move for a judgment of acquittal.
JUDGE EVERETT: As to which charge or charges?
MS. MEYERS: All three, Your Honor.
As to the first count, principal to first degree murder, the evidence presented reflects no contact between Mr. Adelson or any members of the Adelson family -- no substantive contact -- and the shooters. The only direct evidence of Mr. Adelson's involvement came from Katherine Magbanua. She testified that Mr. Adelson, I believe at Halloween, asked her to rough up Professor Markel and that at some point, a piece of paper was placed in an envelope in her diaper bag that she never read. She testified she didn't know about the trips to Tallahassee. And she didn't even know that Professor Markel had been shot as of July 18th.
So I don't believe that there is sufficient evidence to go to the jury on the element of whether Ms. Adelson did or said anything to cause or assist another to commit the actual murder.
On the conspiracy to commit murder, Your Honor, again, there is no evidence of any agreement or any contact between the Adelsons and the shooters. The evidence from Mr. Rivera is that Katie Magbanua was the mastermind. And at most, again, as I said earlier, Ms. Magbanua's testimony reflects really that there was this request in October to rough up Professor Markel.
And on the solicitation point, Your Honor, we rest on the same arguments.
JUDGE EVERETT: Response?
MS. CAPPLEMAN: Just one correction on the recitation of facts, Your Honor. Katherine Magbanua testified -- or clarified her testimony that she didn't know the person who was shot was named Dan Markel but she did know that she was solicited by and conspired with this Defendant to commit the murder of wendi Adelson's, his sister's, ex-husband, which was done.
JUDGE EVERETT: when applying the standard, which the Court must at this point, which is the evidence must be viewed in the light most favorable to the State, the motion for judgment of acquittal is going to be denied.
As to all prior motions and objections, that the defense is once again raising, that is noted for the record.
Does the defense need a brief break to discuss its case before we bring back in the jurors?
MR. RASHBAUM: Yes, we will, Your Honor.
JUDGE EVERETT: All right. we'll take a ten-minute break actually. we'll make it a 13-minute break. we'll get started again at 3:30.
MR. RASHBAUM: I was going to ask for 20.
JUDGE EVERETT: Don't push your luck.
(Laughter. )
JUDGE EVERETT: we're in recess.
MR. RASHBAUM: Judge, I need to be able to talk to my client.
JUDGE EVERETT: That's fine. If you-all can come over to this pew over here.
Everyone in the gallery can be seated. while the defense is consulting with its client, please do not photograph them or attempt to listen to their conversation.
(Recess taken from 3:18 p.m. to 3:36 p.m.)
JUDGE EVERETT: Let's go ahead and briefly discuss the timing of the defense's case before we bring back in the jurors. Are you planning to call any witnesses at all?
MR. RASHBAUM: Yes, Your Honor.
JUDGE EVERETT: All right. And would this include the Defendant or other witnesses first?
MR. RASHBAUM: It will include at least one other witness first.
JUDGE EVERETT: Very well. Please call your -- well, we'll bring in the jurors and you may call your first witness from there. Do you wish me to colloquy the Defendant at this point?
MR. RASHBAUM: I think I'd rather wait until after the first witness.
JUDGE EVERETT: Keep them guessing until the very end. Please bring in the jurors.
(Jury returned to the courtroom at 3:40 p.m.)