Day 7 - May 26, 2022

Defense Motion for Judgment of Acquittal Denied — All Three Counts Proceed to Jury

21 lines

After the state rested, defense counsel Kawass moved for judgment of acquittal on all three charges, arguing Rivera's testimony was the only direct evidence against Magbanua. Judge Wheeler denied the motion on all counts, finding sufficient evidence under the light-most-favorable standard to send the case to the jury.

Defense case opening logistics and ruling on Rodriguez impeachment recording

Judge Wheeler ruled to allow a recorded phone call as impeachment evidence against Jessica Rodriguez's trial testimony, while defense counsel outlined a six-witness lineup amid a courtroom display system failure.

Highlights

Defense Motion for Judgment of Acquittal Denied — All Three Counts Proceed to Jury “She's the one that hired, she's the one that paid, she's the one that told them to take stuff off Instagram, she told them when to kill, who to kill, and where to go to do it.” — Georgia Cappleman The prosecution's direct rebuttal to the defense's 'only mastermind' framing — reciting the specific operational details Rivera provided that the state argued distinguish this case from Williams v. State and satisfy the elements of each charge. Defense case opening logistics and ruling on Rodriguez impeachment recording ruling Judge Wheeler ruled that the defense could introduce the five-minute excerpt of the Jessica Rodriguez recorded phone call as impeachment testimony, to be introduced through Investigator Sherry Bennett. Defense case opening logistics and ruling on Rodriguez impeachment recording “I'm going to allow it as impeachment testimony.” — Robert R. Wheeler Wheeler's ruling permits the defense to play a portion of the Rodriguez recording before the jury, enabling direct impeachment of a prosecution witness's account of the bag drop incident. Defense Motion for Judgment of Acquittal Denied — All Three Counts Proceed to Jury ruling Judge Wheeler denies the motion for judgment of acquittal on all three counts, finding sufficient evidence under the light-most-favorable standard. The court names Rivera's testimony, bank records, employment records, intercepted phone calls, the Dolce Vita meeting, and money payment evidence as the basis — and specifically identifies Charlie Adelson, Garcia, and Rivera as Magbanua's named co-conspirators.

2. Sherry Bennett — Direct/Cross

Defense opened its case with Tallahassee Police Officer Sherry Bennett, who testified about a recorded interview she conducted with Jessica Rodriguez on September 30, 2016 — the day Rivera began cooperating. Bennett confirmed Rodriguez placed the payment bag delivery in August or September rather than July 19, and that Rodriguez said Magbanua accompanied Garcia to the house but left before Rivera arrived. On cross, Cappleman established that Rodriguez could not fix a firm date and that her statement about Magbanua not knowing the bag's contents did not extend to broader ignorance of the scheme.

Sherry Bennett Christopher DeCoste

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Defense called TPD Officer Sherry Bennett to explain the after-hours arrest-warrant process and recount Rodriguez's statement placing the bag event in August or September; Bennett said she did not know Rivera's stated date.

Sherry Bennett Georgia Cappleman

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On cross, Cappleman emphasizes that Rodriguez's August-or-September payment date was only an uncertain best guess and distinguishes Rodriguez's reported statement that Magbanua did not know what was in the bag from the broader, unasked question whether Magbanua knew what was going on.

Highlights

Sherry Bennett - Direct confrontation DeCoste asked whether Rodriguez said Magbanua 'had no idea' about what was going on; Bennett said 'She did not say that,' denying the defense a clean exculpatory inference, though Bennett subsequently confirmed Rodriguez said Magbanua didn't know 'with respect to what was going on' in a broader sense.

Michael Dillmore Christopher DeCoste

108 lines

Dillmore says phone number 954-581-1747 appeared as 'eco-friendly shop' in Charlie Adelson's iCloud data and as 'Sully Mech' in Sigfredo Garcia's phone. He did not know who the labels referred to or whether any investigation into the number occurred.

Michael Dillmore Sarah Kathryn Dugan

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Prosecution waived cross-examination of defense digital forensics witness Michael Dillmore, and he was released.

Craig Isom Christopher DeCoste

185 lines

Defense counsel Christopher DeCoste recalls retired TPD lead detective Craig Isom, eliciting that Isom personally did not investigate a possible nightclub source for Magbanua's cash deposits or Juan Marcos Vega, then using Isom's report and a traffic citation to challenge parts of Luis Rivera's account.

Craig Isom Georgia Cappleman

56 lines

On cross after the defense recall, Cappleman elicits that no control call to Charlie Adelson was mentioned to Magbanua at arrest, has Isom read omitted report context, revisits Magbanua's apartment departure, and argues that Rivera's ticket error cuts against memorizing discovery.

Craig Isom Christopher DeCoste

17 lines

Prosecution offered no redirect. Defense co-counsel DeCoste used the slot to confirm on the record that Rivera's account names Wendi Adelson as the party who hired Magbanua, then asked whether Wendi had been arrested. Isom answered no. Isom was then excused subject to possible recall.

Highlights

Craig Isom - Direct (Recalled by Defense) admission Isom agrees the source of cash deposits attributed to Magbanua could not be identified, that there was not a full investigation of the nightclubs, and that he personally did zero investigation into that source; he agrees with DeCoste's characterization of his omission as an oversight.

Jason Newlin Christopher DeCoste

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DeCoste examined Newlin on discovery production, case-media availability, Rivera's recorded May and June interviews, the attorney-shuttle negotiation on August 8, and the unrecorded September 30 proffer at which Rivera named Magbanua.

Pre-recess colloquy — Fitzpatrick preview, defendant testimony deadline, hearsay objection preview

Before calling a 15-minute recess, Judge Wheeler set a firm pre-lunch deadline for the defendant's decision on whether to testify and declined a defense request for more time; the prosecution also raised a preemptive hearsay objection to anticipated Charlie Adelson statements through upcoming witness Ryan Fitzpatrick.

Jason Newlin Christopher DeCoste

245 lines

Defense continues its direct examination of SAO investigator Jason Newlin, using the wrong-model firearm search, Mosley letter, unpreserved Instagram allegation, and disputed Vega tip to challenge the thoroughness and objectivity of the investigation.

Jason Newlin Georgia Cappleman

32 lines

On cross, Newlin agrees with Cappleman's characterization of the jail interview, says the gun shown in Defense Exhibits A-O was unrelated to the murder, and denies that he or anyone in his presence coached Rivera, supplied a suspect name, conditioned a deal on naming someone, acted unethically, or handled the deal unusually.

Jason Newlin Christopher DeCoste

45 lines

On redirect, DeCoste contrasts Rivera's protected proffers with the quickly arranged Magbanua jail interview, elicits that Newlin did not know whether Magbanua had protection, and asks Newlin to respond literally to Cappleman's description of the meeting as a 'joke.'

Highlights

Jason Newlin - Direct (Continued) testimony highlight Newlin describes searching the Osceola River for a firearm based on a tip relayed through Rivera's attorneys, recovering a gun he immediately knew was the wrong make and model, yet still photographing, impounding, and submitting it to FDLE for ballistics, DNA, and fingerprint testing.

6. Ryan Fitzpatrick — Direct/Cross/Redirect

Ryan Fitzpatrick, a former close friend of Charlie Adelson, completes his defense examination covering Fitzpatrick's observations of family criticism of Dan Markel, cash payment habits, WhatsApp voice calls Fitzpatrick believed were encrypted, and Charlie's behavior following Magbanua's 2016 arrest. Outside the jury's presence, the defense then withdraws two remaining witnesses — Stephen Downing and expert John Sawicki — and raises seven sets of text message exhibits that had been authenticated during trial but never formally moved into evidence.

Ryan Fitzpatrick Tara Kawass

305 lines

Charlie Adelson's former friend Ryan Fitzpatrick testified for the defense about Adelson's personality, stapled-cash practice, and a change in demeanor he noticed around Katherine Magbanua's 2016 arrest.

Ryan Fitzpatrick Sarah Kathryn Dugan

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Prosecution's brief cross limited Fitzpatrick's Lexus testimony to secondhand speculation and established that the Garcia jet-ski confrontation story was entirely hearsay from Charlie Adelson — Fitzpatrick was not present for either event.

Ryan Fitzpatrick Tara Kawass

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Defense asked a single strategic question on redirect — given Fitzpatrick's own description of Charlie Adelson as brilliant, would such a person plan a homicide on a trackable phone? Fitzpatrick answered 'I hope not,' then was dismissed.

Jury sent out — lunch recess

Early lunch recess granted at defense counsel's request; jury released until 1:00 p.m.

Defense Withdraws Two Witnesses; Text Message Exhibits Discussed

Out of the jury's presence, defense counsel withdrew planned witnesses Stephen Downing and expert John Sawicki and sought to admit seven sets of authenticated text message exhibits before closing arguments.

Highlights

Ryan Fitzpatrick - Direct testimony highlight Fitzpatrick testifies that around Katherine Magbanua's October 2016 arrest he noticed frantic behavior, nervousness, paranoia, and restlessness. He also answers yes when Kawass asks whether he remembers Charlie saying a person could get away with murder by staying quiet. Ryan Fitzpatrick - Direct “Frantic behavior, nervousness, paranoia, restlessness.” — Ryan Fitzpatrick Describes a marked change in Charlie Adelson's demeanor that Fitzpatrick says began around the time of Katherine Magbanua's October 2016 arrest.

Magbanua confirms she will testify

Judge Wheeler conducted the formal on-the-record colloquy confirming Katherine Magbanua's voluntary decision to testify in her own defense. Magbanua acknowledged understanding her rights and confirmed her choice freely.

Scheduling set for Magbanua testimony; defense text-message exhibits admitted

Judge Wheeler confirmed the afternoon and next-day schedule for Magbanua's testimony, closing arguments, and jury deliberations, then admitted seven defense text-message exhibits (Def. Ex. 32–39) as non-hearsay over the lunch break.

Katherine Magbanua Tara Kawass

1438 lines

Defendant Katherine Magbanua took the stand in her own defense, walking the jury through her relationships with Sigfredo Garcia and Charlie Adelson, denying any knowledge of or role in Dan Markel's murder, and offering explanations for the cash, phone records, and recorded Dolce Vita meeting central to the state's case.

10-minute recess before Magbanua cross-examination

Judge Wheeler called a 10-minute recess before cross-examination of Katherine Magbanua. Before the jury returned, Dugan identified a composite exhibit (State's Exhibit 136) for use in cross.

Highlights

Magbanua confirms she will testify procedural action Judge Wheeler conducted the formal colloquy confirming Magbanua's knowing and voluntary decision to testify, covering her right to remain silent, the absence of a negative inference instruction if she declined, and the scope of cross-examination she would face. Katherine Magbanua - Direct testimony highlight Magbanua denied any involvement in or knowledge of Dan Markel's murder and denied that she would ever assist anyone in having another person killed. Katherine Magbanua - Direct “So I put up my hands, because at that time there was a lot of shootings that was happening, like, so the officers would, like, just shoot if they thought that you were, you know, like, doing something. Yeah. So I put up my hands, and they're like, "Put it on park, put it on park." So I parked the car, and then I got out, and I was like — that's when I was so nervous that I really urinated on myself.” — Katherine Magbanua Her account of the October 1, 2016 arrest, in which officers with weapons drawn stopped her car.

Katherine Magbanua Sarah Kathryn Dugan

1077 lines

Prosecutor Sarah Kathryn Dugan cross-examined defendant Katherine Magbanua about her finances, her relationship with Charlie Adelson, and recorded statements the state ties to Dan Markel's murder.

Katherine Magbanua Tara Kawass

354 lines

On redirect, Tara Kawass revisited the Dolce Vita recording and its enhancement, financial and text-message evidence, Magbanua's memory, coded language, contact with Adelson, cooperation, and why she chose to testify; Magbanua gave her account and agreed with many of Kawass's propositions.

Highlights

Katherine Magbanua - Cross confrontation Dugan presented bank records as showing a cash-deposit spike after the murder, including $13,200 during August 2014 and, in her closing formulation, $17,000 during the six weeks after the murder. Magbanua could not identify the source and agreed amounts of that size would normally be memorable. Katherine Magbanua - Cross confrontation Dugan played portions of the Dolce Vita recording and characterized Adelson's statements as discussing the proof needed for a crime and saying a person threatening his family should be killed or have someone else do it. Magbanua said she understood the remarks as scenarios, did not know what he meant, and did not visibly react because the reference to killing did not register that way to her. Katherine Magbanua - Cross “Now he's fucking with him, he's fucking with his wife, if he's fucking with the king himself, you better kill him, because he's going to be a big problem. He knows who you are, and if he can't do it, have someone else do it,” — Sarah Kathryn Dugan Dugan read this portion of the recorded Dolce Vita meeting into the record, confronting Magbanua with Charlie Adelson's recorded statement about the alleged blackmailer.

9. Defense Rests

The defense rested following Katherine Magbanua's redirect examination, and the court sent the jury home with instructions to return at 8:30 a.m. for jury instructions, closing arguments, and deliberations. Out of the jury's presence, defense counsel Kawass renewed all prior motions and moved for a second judgment of acquittal, arguing that Luis Rivera's own testimony revealed he did not know who hired him, believed he was participating in a robbery, and could not connect Magbanua to any criminal intent. Judge Wheeler denied the motion and ordered the case to proceed to the jury.

Defense rests — jury sent home

6 lines

Defense formally rested without calling further witnesses; the state declined rebuttal; Judge Wheeler dismissed the jury for the evening and previewed the next morning's schedule of jury instructions, closing arguments, and the start of deliberations after lunch.