Glossary

A verdict of not guilty. An acquittal ends the prosecution on that charge and ordinarily bars another trial for the same offense. In the 2019 joint trial, the jury acquitted Sigfredo Garcia of solicitation while convicting him of murder and conspiracy.

A warning or instruction from the judge to the jury. Common admonitions direct jurors not to discuss the case, consume coverage, conduct research, or consider testimony the court has stricken.

A supplemental instruction given to a jury that reports difficulty reaching a unanimous verdict, asking jurors to continue deliberating without surrendering an honestly held view. The 2019 jury received a modified Allen charge before the court declared a mistrial on the counts against Katherine Magbanua.

A discussion between the judge and attorneys at the bench, outside the jury's hearing. It is commonly used for objections or legal questions the jury should not hear.

The prosecution's burden in a criminal trial. The State must prove every element of a charged offense beyond a reasonable doubt; the defendant has no duty to present evidence or prove innocence.

The documented sequence showing who collected, possessed, transferred, examined, and stored an item of evidence. The sequence establishes whether an exhibit is the same item and whether it has been materially altered.

The judge's private office. A conference in chambers occurs away from the jury and public, sometimes on a separate record, for extended or sensitive legal discussion.

Evidence that supports a factual conclusion through inference rather than direct observation. The law does not treat circumstantial evidence as inherently weaker than direct evidence; jurors decide the weight of each.

Each side's final presentation to the jury, summarizing the evidence and arguing what verdict it supports. Closing argument is advocacy, not evidence. The State may give a rebuttal because it bears the burden of proof.

A statement made by one alleged conspirator during and in furtherance of a conspiracy. If the required foundation is established, the statement may be admitted against another alleged conspirator even though it was made outside court. Many recorded-call disputes in these trials concerned when this rule applied.

An agreement between two or more people, made with the intent that first-degree murder be committed. The agreement need not use formal words, and Florida's instructions in these trials did not require a separate act in furtherance of the agreement.

Questioning of a witness by an opposing party after direct examination. Leading questions are generally permitted, and the questioning may test the witness's account, memory, perception, bias, or credibility.

The person accused of a crime. A criminal defendant is presumed innocent unless the State proves every element of a charge beyond a reasonable doubt.

The first questioning of a witness by the party that called the witness. Leading questions are generally restricted so the testimony comes from the witness rather than the question.

A witness qualified by knowledge, skill, experience, training, or education to offer opinions within a specialized field. The court first determines whether the witness and proposed testimony meet the applicable requirements.

The constitutional privilege against compelled self-incrimination. A witness may invoke it when an answer could expose the witness to criminal prosecution, unless a valid immunity rule removes that risk for the compelled testimony.

An unlawful killing carried out from a premeditated design to cause death. In the instructions given in these trials, the State had to prove that Dan Markel was dead, that the defendant's criminal act caused his death under the applicable principal theory, and that the killing was premeditated.

Preliminary evidence needed before testimony or an exhibit may be admitted. Foundation can establish personal knowledge, authenticity, chain of custody, the reliability of a process, or another required basis.

An out-of-court statement offered to prove the truth of what it asserts. Hearsay is generally inadmissible unless an exclusion or exception applies; the purpose for which a statement is offered can therefore determine whether the rule applies.

A witness the court permits the calling party to question as adverse or hostile. That ruling allows leading questions during what would otherwise be direct examination.

A jury that cannot reach the required unanimous verdict after deliberation. A deadlock can lead to a mistrial, after which the State may ordinarily retry the unresolved charges. The 2019 jury deadlocked on every count against Katherine Magbanua.

To challenge a witness's credibility. Common methods include prior inconsistent statements, evidence of bias or motive, limits on perception or memory, and contradiction by other evidence.

A Florida principal-liability instruction addressing a crime committed by someone else that the defendant did not intend or participate in and that fell outside the common design and its reasonably foreseeable consequences. It was given in the 2019 joint trial and became part of the jury's questions during deliberations.

A formal accusation returned by a grand jury. It sets out criminal charges but is not evidence and does not diminish the presumption of innocence.

A judge's ruling that the prosecution's evidence is legally insufficient to support a conviction on a charge. Defense lawyers commonly move for it after the State rests and again after all evidence closes; denial leaves the charge for the jury.

The judge's directions explaining the law the jury must apply, including the elements of each charge, burden of proof, evidentiary rules, and possible verdicts. Arguments over the final wording occur during a charge conference outside the jury's presence.

A witness who testifies from personal knowledge and observation rather than specialized expertise. Any lay opinion must be grounded in the witness's own perception and helpful to understanding the testimony.

A question that suggests the desired answer. Leading questions are ordinarily permitted on cross-examination and restricted on direct examination unless the court allows them for a particular witness or purpose.

A less serious offense whose elements are contained within a greater charged offense. When supported and instructed, the jury may consider a lesser offense if it does not find the greater offense proved.

A trial ended without a final verdict on one or more charges because the proceeding cannot properly continue or the jury cannot agree. Katherine Magbanua's 2019 trial ended in a mistrial after the jury remained deadlocked; she was retried in 2022.

A request made before or during trial for an advance ruling on whether evidence or argument may be presented to the jury. It is often used to prevent a prejudicial subject from being mentioned before admissibility is decided.

A request to exclude evidence because it was allegedly obtained in violation of a constitutional or statutory protection. Wiretap, search, seizure, and interrogation issues can be litigated through suppression motions.

A formal challenge to a question, answer, exhibit, or argument under the rules governing the trial. The judge may sustain the objection, overrule it, ask for a response, or hear further argument outside the jury's presence.

Each side's initial account of what it expects the evidence to show. Opening statements orient the jury but are not themselves evidence.

The judge's ruling rejecting an objection. The challenged question, answer, exhibit, or argument may proceed, subject to any limits the court gives.

An agreement in which a defendant pleads guilty under stated terms, which may include sentencing provisions or cooperation obligations. Luis Rivera's plea and sentence, and what he received in exchange for cooperation, were examined repeatedly before the juries.

A conscious decision to kill, formed before the killing. Florida's instructions explain that the required reflection may occur in a short time, but it must be enough for the decision to be the product of thought rather than a sudden impulse.

A person legally treated as having committed a crime because the person intended it to occur and aided, encouraged, advised, hired, or otherwise helped another person commit it. Presence at the scene is not required. Principal liability was central because several defendants were accused of arranging or facilitating the killing rather than firing the gun.

A preview or offer of what testimony or evidence would show. A proffer allows the judge to decide admissibility and preserves an excluded issue for review. The term can also describe a defendant's or witness's pretrial account given during cooperation discussions.

The government lawyers who bring criminal charges and present the case. In these Florida proceedings they are usually called the State, and they carry the burden of proving every charged element beyond a reasonable doubt.

A further round of questioning by the cross-examining party after redirect. It is generally limited to matters raised on redirect and is allowed at the court's discretion.

Questioning by the party that called a witness after cross-examination. Redirect is generally limited to matters raised on cross and is used to clarify or rehabilitate the testimony.

The connection between evidence and a fact that matters to the case. Relevant evidence tends to make a material fact more or less probable, though other rules may still require its exclusion.

An order excluding witnesses from the courtroom and restricting discussion of testimony so one witness is not shaped by another's account. When lawyers say “the rule” has been invoked in these transcripts, they often mean witness sequestration rather than isolation of the jury.

A bench conference held outside the jury's hearing to address objections, procedure, or other legal issues. Courtroom audio may replace it with white noise or omit the discussion.

Commanding, encouraging, hiring, or requesting another person to engage in conduct that would constitute first-degree murder. The instructions in these trials did not require proof that the solicited person carried out an additional act in furtherance of the request.

An agreement between the parties about a fact, exhibit, or procedure. A stipulated matter does not require the ordinary proof that would otherwise be needed.

Removed from the evidence the jury may consider. When testimony is stricken, the judge directs jurors to disregard it.

A court-backed command requiring a person to testify or produce records. In these trials, the interaction between a State subpoena, compelled testimony, and Florida's immunity statute was addressed repeatedly before Wendi Adelson testified.

The judge's ruling agreeing with an objection. The lawyer may need to rephrase or move on, and an answer already given may be stricken.

Protection barring compelled testimony, and evidence developed from that testimony, from being used against the witness in a later criminal case. It is not transactional immunity: the witness can still be prosecuted using evidence obtained independently. Judges explained this distinction when Wendi Adelson testified under a State subpoena.

The jury's formal finding on each submitted charge. A Florida criminal verdict must be unanimous. The four trials in this archive include guilty verdicts, one acquittal on a count, and a 2019 deadlock that produced a mistrial for one defendant.

Questioning prospective jurors to determine whether they can decide the case fairly. Lawyers may seek removal for cause and may exercise a limited number of peremptory challenges under governing rules.

Preliminary questioning used to test whether a witness or proposed opinion satisfies an admissibility requirement, most often an expert witness's qualifications or the foundation for testimony.

Court-authorized interception of private wire or oral communications under the federal and state electronic-surveillance framework often called Title III. The 2016 investigation used authorized phone interceptions; consensual undercover recordings and physical surveillance involved related but distinct recording methods.