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Dan Markel— Case Archive
Magbanua Retrialtrial-daytrial-dayGeorgia CapplemanSarah Kathryn DuganChristopher DeCosteTara KawassBrock DietzCraig IsomDavid SimsAnthony ClarkJoanne MalteseJames Geigerjury_instructionsopening_statementdirectcross_waivedcrossredirectDay 1 - May 18, 2022The jury heard competing opening accounts, followed by crime-scene, autopsy, surveillance, and investigation testimony.
Magbanua RetrialDay 2 →

Day 1 - May 18, 2022

Competing Openings and Crime-Scene Testimony Begin

Judge Robert R. Wheeler
22Proceedings
9Pages
6Witnesses
2,766Lines
8Sidebars
Day 1 of 8
Appearing:
Georgia Cappleman Sarah Kathryn Dugan Christopher DeCoste Tara Kawass Brock Dietz Craig Isom David Sims Anthony Clark Joanne Maltese James Geiger

The jury heard competing opening accounts, followed by crime-scene, autopsy, surveillance, and investigation testimony.

Full day summary

Judge Robert R. Wheeler gave preliminary instructions to the jury, including the charges, the State's burden, and restrictions on outside discussion and research. In opening statements, the State alleged that Katherine Magbanua acted as an intermediary in a murder-for-hire plot, while the defense argued that Charles Adelson dealt directly with Sigfredo Garcia and that Magbanua lacked knowledge of any plan. The State then presented neighborhood and responding-officer testimony about the July 18, 2014 garage scene, followed by forensic testimony and admitted photographs, physical items, and a DNA stipulation stating that collected swabs produced uninterpretable results. Dr. Anthony Clark testified about the autopsy, including his opinions on the wounds and the recorded cause and manner of death. Video analyst Brock Dietz described prepared surveillance clips and stills. Retired lead investigator Craig Isom described surveillance, rental, toll, GPS, phone, financial, and other records used during the investigation. On cross-examination, the defense questioned Rivera's access to investigative information, an unrecorded proffer, and documentation for Adelson Institute payments to Magbanua. The court resolved several evidentiary objections and later limited the anticipated scope of Wendi Adelson's cross-examination to her direct testimony.

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1. Day 1 pre-jury housekeeping — appearances, sequestration, and exhibit logistics

Before the jury entered on Day 1, the court set witness-sequestration and exhibit-review procedures and confirmed a joint DNA stipulation for JoAnne Maltese's testimony.

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Procedural
Day 1 pre-jury housekeeping — appearances, sequestration, and exhibit logistics
61 lines

The court addressed a DNA stipulation, witness sequestration, expert access, and advance review of defense exhibits before the jury entered.

2. Preliminary Jury Instructions

Judge Wheeler instructed the sworn jury on the charges, burden of proof, evidence, and restrictions on outside discussion and research.

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Jury Instruction
Preliminary Jury Instructions
9 lines

Judge Wheeler gave the sworn jury preliminary instructions on the charges, the State's burden of proof, evidence, and restrictions on discussing or researching the case.

3. Opening Statements

Opening statements presented opposing accounts of Katherine Magbanua's alleged role, followed by a defense objection to proposed Adelson wiretap calls.

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Opening
Opening Statement - Sarah Kathryn Dugan Sarah Kathryn Dugan
37 lines

The State previewed an alleged murder-for-hire scheme and said records, recordings, and Luis Rivera's anticipated account would link Katherine Magbanua to it.

Opening
Opening Statement - Tara Kawass Tara Kawass
10 lines

Kawass argued that the evidence would show Magbanua did not know of the alleged killing plan and challenged the State's expected proof.

Procedural
Recess — Crawford Objection Flagged on Adelson Wiretap Calls
18 lines

Defense counsel flagged a Crawford objection to Adelson wiretap calls; the court deferred admissibility argument until the relevant witness.

4. James Geiger — Direct/Cross

James Geiger testified that he heard a loud bang, saw a light-colored vehicle backing rapidly from Dan Markel's driveway, and then found Markel injured in his running car before calling 911. Defense counsel waived cross-examination.

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Direct
James Geiger - Direct James Geiger Georgia Cappleman
213 lines

Neighbor James Geiger described hearing a bang, seeing a light-colored vehicle leave Dan Markel's driveway, and later finding Markel bloodied in his running car.

Cross Waived
James Geiger - Cross (Waived) James Geiger Christopher DeCoste
5 lines

The defense waived cross-examination of James Geiger, and the court released him.

5. David Sims — Direct/Cross

Retired Tallahassee Police Department officer David Sims described the July 18, 2014 response at Trescott Drive, including the victim's vehicle in the garage, the scene photographs, and officers' entry into the locked house. Defense waived cross-examination.

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Direct
David Sims - Direct David Sims Georgia Cappleman
62 lines

David Sims described finding a wounded victim in a running garage vehicle, assisting EMS, and seeing no apparent forced entry or disturbance inside the house.

Cross Waived
David Sims - Cross (Waived) David Sims Christopher DeCoste
4 lines

Defense waived cross-examination of David Sims, and he was released.

6. Joanne Maltese — Direct/Cross

Joanne Maltese described crime-scene evidence collection and photographs; on cross-examination, she agreed a mark identified as stippling could be consistent with Professor Markel raising his arm while being shot.

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Direct
Joanne Maltese - Direct Joanne Maltese Georgia Cappleman
198 lines

Forensic specialist Joanne Maltese documented the scene, collected physical and DNA evidence, and authenticated photographs; a DNA stipulation reported no interpretable identification result.

Cross
Joanne Maltese - Cross Joanne Maltese Christopher DeCoste
14 lines

Maltese agreed that the referenced stippling could be consistent with Professor Markel raising his arm while being shot.

Procedural
Transition — Judge confers on timing before next witness
8 lines

7. Anthony Clark — Direct/Cross

Dr. Anthony Clark testified that gunshot wounds to Daniel Markel's face and head caused his death and classified the manner of death as homicide.

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Direct
Anthony Clark - Direct Anthony Clark Georgia Cappleman
162 lines

Dr. Anthony Clark described Markel's autopsy, wound analysis, and recovered bullets, and testified that gunshot wounds to the face and head caused his death.

1 sidebar inside this proceeding
  1. Injury Photograph AdmissibilityCounsel raised a cumulative-evidence concern about photographs showing different angles of the same injury.
Cross
Anthony Clark - Cross Anthony Clark Christopher DeCoste
57 lines

Clark said stippling supported an elevated arm but could not establish why it was raised, and he qualified the assumptions behind his trajectory opinions.

Procedural
Lunch Break
18 lines

8. Brock Dietz — Direct/Cross

Brock Dietz presented forensic-video clips and still images from gym, ATM, and bus data; the court admitted the exhibits without objection, and cross-examination was waived.

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Direct
Brock Dietz - Direct Brock Dietz Georgia Cappleman
93 lines

Forensic video analyst Brock Dietz described preparing surveillance clips and stills; the court admitted the related Premier Gym, ATM, and bus exhibits.

Cross Waived
Brock Dietz - Cross (Waived) Brock Dietz Christopher DeCoste
5 lines

Defense waived cross-examination of Brock Dietz, who was excused.

9. Craig Isom — Direct/Cross/Redirect

Retired lead investigator Craig Isom completed testimony about the Prius investigation, Magbanua's Adelson Institute payments, and information Luis Rivera provided to investigators. After the jury was excused, the court addressed anticipated testimony from Wendi Adelson and the next day's schedule.

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Direct
Craig Isom - Direct Craig Isom Georgia Cappleman
702 lines

Lead investigator Craig Isom traced the suspect Prius through surveillance, SunPass, rental, phone, and payment records, while the court admitted related exhibits and resolved several evidentiary objections.

3 sidebars inside this proceeding
  1. Clarification on Previously Provided MaterialsCounsel clarified that the materials had been available previously, and the defense withdrew its objection.
  2. Witness Materials and RecollectionThe sidebar addressed whether a witness was consulting handwritten notes, reports, or both while testifying.
  3. Phone-Call Sequence AdmissibilityThe parties discussed whether testimony about phone calls following Magbanua's call could improperly suggest a connection between defendants.
Procedural
Afternoon Break
14 lines
Cross
Craig Isom - Cross Craig Isom Christopher DeCoste
809 lines

Defense challenged the reliability of Luis Rivera's cooperation and the investigation's treatment of Adelson Institute payments, while Isom described an unrecorded proffer and maintained he found no documented work supporting the payments.

2 sidebars inside this proceeding
  1. April 15 Wiretap ImpeachmentCounsel sought to impeach testimony that no evidence showed Magbanua worked at the Adelson Institute by referring to a wiretap statement.
  2. Immunity Offer QuestioningThe parties disputed whether proposed deposition-based questioning about a witness leaving jail improperly concerned an offer of immunity.
Redirect
Craig Isom - Redirect Craig Isom Georgia Cappleman
246 lines

Isom defended the investigation's reliance on Luis Rivera and disputed the claimed employment explanation for Adelson Institute payments; the court excluded reference to Magbanua's prior-trial testimony.

2 sidebars inside this proceeding
  1. Prior-Trial Testimony QuestionThe parties disputed whether a witness could be asked about the defendant's prior-trial testimony and whether that testimony could later be offered in the case.
  2. Disputed iMessage Conversation OrderDefense counsel challenged the presentation of iMessages as combining communications from different days and times, while the prosecutor said the exhibit would be used for this line of questioning.
Procedural
End-of-Day Recess — Wendi Adelson Testimony Ruling and Day-Two Scheduling
21 lines

The court limited Wendi Adelson's anticipated cross-examination to direct examination, addressed a potential Fifth Amendment invocation, and kept Craig Isom under subpoena and sequestration instructions.

Magbanua RetrialDay 2 →