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Dan Markel— Case Archive
Magbanua Retrialtrial-daytrial-dayGeorgia CapplemanSarah Kathryn DuganChristopher DeCosteTara KawassSherry BennettCraig IsomMichael DillmoreRyan FitzpatrickKatherine MagbanuaJason Newlindirectcrosscross_waivedredirectcharge_conferenceDay 7 - May 26, 2022Katherine Magbanua testified in her own defense, the parties rested, and the court denied a renewed motion for judgment of acquittal before finalizing jury instructions.
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Day 7 - May 26, 2022

Magbanua Testifies, Defense Rests, Renewed Acquittal Motion Denied

Judge Robert R. Wheeler
27Proceedings
10Pages
6Witnesses
5,741Lines
Day 7 of 8
Appearing:
Georgia Cappleman Sarah Kathryn Dugan Christopher DeCoste Tara Kawass Sherry Bennett Craig Isom Michael Dillmore Ryan Fitzpatrick Katherine Magbanua Jason Newlin

Katherine Magbanua testified in her own defense, the parties rested, and the court denied a renewed motion for judgment of acquittal before finalizing jury instructions.

Full day summary

Katherine Magbanua testified in her own defense after the court denied an initial motion for judgment of acquittal. She denied involvement in Dan Markel's murder, denied delivering murder-related money or taking Sigfredo Garcia to rent a car, and described her informal work for Charles Adelson. She acknowledged falsely telling Adelson that she had cleaned his office, said she remembered little of the beginning of the 2016 Dolce Vita meeting, and denied hearing references there to a murder, Markel, or Tallahassee. On cross-examination, the State questioned her about payroll, cash deposits, contacts, phone and rental-car evidence, and earlier statements; excerpts of the Dolce Vita recording were played, with portions noted as not accurately transcribed. On redirect, she maintained that her account had not changed and that the recording contained no direct references to the charged homicide. The defense then rested, and the State called no rebuttal witnesses. The court denied the renewed motion for judgment of acquittal on all three counts and finalized jury instructions, retaining lesser-included homicide instructions while removing the independent-act instruction. Jury instructions and closing arguments were set for the following morning.

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1. Defense Motion for Judgment of Acquittal

The court denied the defense motion for judgment of acquittal on all three charges, then addressed logistics and a limited Rodriguez impeachment recording before the defense case began.

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

The court denied the defense motion for judgment of acquittal, allowing all three counts to go to the jury.

Procedural
Defense case opening logistics and ruling on Rodriguez impeachment recording
86 lines

The court allowed the defense to use part of Jessica Rodriguez's recorded phone call for impeachment and required advance review of anticipated defense exhibits.

Highlights

Defense Motion for Judgment of Acquittal Denied — All Three Counts Proceed to JuryrulingThe court denied the motion for judgment of acquittal, finding sufficient evidence for first-degree murder, conspiracy, and solicitation to go to the jury.

2. Sherry Bennett — Direct/Cross

Officer Sherry Bennett testified about sending Magbanua's signed arrest warrant and a recorded 2016 interview concerning a bag delivery.

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Direct
Sherry Bennett - Direct Sherry Bennett Christopher DeCoste
135 lines

Officer Bennett described warrant handling and the defense played her recorded interview of Jessica Rodriguez.

Cross
Sherry Bennett - Cross Sherry Bennett Georgia Cappleman
29 lines

Bennett confirmed her interview did not directly address whether Katie knew what was going on.

3. Michael Dillmore — Direct/Cross

Defense investigator Michael Dillmore described phone and iCloud data extractions, then the prosecution waived cross-examination.

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Direct
Michael Dillmore - Direct Michael Dillmore Christopher DeCoste
107 lines

Michael Dillmore explained the phone-data extractions and could not identify the people behind several phone-number labels.

Cross Waived
Michael Dillmore - Cross (Waived) Michael Dillmore Sarah Kathryn Dugan
9 lines

The prosecution waived cross-examination, and Michael Dillmore was released.

4. Craig Isom — Direct/Cross/Redirect

Retired investigator Craig Isom returned to discuss Luis Rivera's statements, Magbanua's move after investigators sought an interview, and details in Isom's reports.

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Direct
Craig Isom - Direct (Recalled by Defense) Craig Isom Christopher DeCoste
208 lines

Defense recall of Craig Isom focused on uninvestigated nightclub income, the unrecorded Rivera interview, and wording in Isom's report about Rivera's account.

Cross
Craig Isom - Cross Craig Isom Georgia Cappleman
69 lines

Isom read report language about Rivera's account and acknowledged that Rivera's memory of a speeding ticket differed from the documented citation.

Redirect
Craig Isom - Redirect Craig Isom Christopher DeCoste
18 lines

Isom confirmed report language about Rivera's account and said wendi had not been arrested.

5. Jason Newlin — Direct/Cross/Redirect

Defense questioning of investigator Jason Newlin examined Rivera interviews, proffers, and alternative leads; Newlin denied that investigators coached Rivera, while the court set a before-lunch deadline for deciding whether Katherine Magbanua would testify.

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Direct
Jason Newlin - Direct Jason Newlin Christopher DeCoste
347 lines

Defense questioned investigator Jason Newlin about Rivera's discovery, proffers, and the limited recordings of meetings preceding Rivera's statement naming Katie.

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

The court set a pre-lunch deadline for Ms. Magbanua's testimony decision and deferred a prospective hearsay objection concerning Mr. Fitzpatrick's anticipated testimony.

Direct
Jason Newlin - Direct (Continued) Jason Newlin Christopher DeCoste
262 lines

Defense questioned investigator Jason Newlin about follow-up on a recovered gun, social-media records, and information concerning Juan Marcos Vega that it argued could bear on Luis Rivera's account.

Cross
Jason Newlin - Cross Jason Newlin Georgia Cappleman
30 lines

Newlin said the defense gun photographs were unrelated to the murder and denied that investigators coached Rivera or directed his cooperation.

Redirect
Jason Newlin - Redirect Jason Newlin Christopher DeCoste
54 lines

Newlin described the September 2019 jail meeting with Magbanua, said he did not know whether she had a protection agreement, and said nobody laughed during it.

6. Ryan Fitzpatrick — Direct/Cross/Redirect

Ryan Fitzpatrick testified for the defense about Charles Adelson's communications, cash payments, and behavior around Katherine Magbanua's arrest; cross-examination addressed limits on his knowledge of the Lexus transfer and a reported confrontation with Garcia.

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Direct
Ryan Fitzpatrick - Direct Ryan Fitzpatrick
341 lines

Defense witness Ryan Fitzpatrick described his former friendship with Charles Adelson, stapled cash payments, and behavior he observed around Katherine's arrest.

Cross
Ryan Fitzpatrick - Cross Ryan Fitzpatrick Sarah Kathryn Dugan
39 lines

Fitzpatrick acknowledged limited personal knowledge of the Lexus transfer and said his account of the reported confrontation came from Charlie Adelson.

Redirect
Ryan Fitzpatrick - Redirect Ryan Fitzpatrick Tara Kawass
13 lines

Fitzpatrick said he hoped Charles Adelson would not use a trackable phone to plan a homicide.

Procedural
Defense Withdraws Two Witnesses; Text Message Exhibits Discussed
19 lines

7. Katherine Magbanua — Direct/Cross/Redirect

Katherine Magbanua testified in her own defense, denying involvement in Dan Markel's murder, car-rental arrangements, and delivery of murder-related money.

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Procedural
Magbanua confirms she will testify
21 lines
Procedural
Scheduling set for Magbanua testimony; defense text-message exhibits admitted
33 lines

The court admitted Defense Exhibits 32 through 39 for a non-hearsay purpose and set the schedule for Magbanua's testimony, jury instructions, closings, and deliberations.

Direct
Katherine Magbanua - Direct Katherine Magbanua Tara Kawass
1742 lines

Magbanua denied arranging a killing or delivering money, explained communications and cash as unrelated to the murder, and described the Dolce Vita meeting as not involving talk of Dan Markel or a murder.

Procedural
10-minute recess before Magbanua cross-examination
17 lines

The court recessed for ten minutes and addressed advance review of proposed State's Exhibit 136 before Magbanua's cross-examination.

Highlights

Katherine Magbanua - DirectadmissionMagbanua described her claimed work for Charles Adelson as informal assistant work and acknowledged that she had falsely said she cleaned his office when she had not done so.Katherine Magbanua - Directtestimony highlightMagbanua said she remembered little of the first part of the Dolce Vita meeting, denied that Adelson mentioned a murder, Dan Markel, or Tallahassee, and said she did not call the number Adelson urged her to call.Katherine Magbanua - Direct“Nothing has changed. I actually told them what happened from what I recollected on my last testimony three years ago.”— Katherine MagbanuaMagbanua maintained that her account of the Dolce Vita meeting was consistent with her earlier testimony.

8. Katherine Magbanua - Cross/Redirect

Cross-examination of Katherine Magbanua continued with questions about her financial arrangements, contacts, recordings, and other evidence. She denied delivering money or participating in the murder; on redirect, she maintained that the Dolce Vita recording did not directly refer to Dan Markel, homicide, murder, or Tallahassee.

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Cross
Katherine Magbanua - Cross Katherine Magbanua Sarah Kathryn Dugan
1407 lines

The State challenged Magbanua's explanations for Adelson payroll payments, cash deposits, contacts, and the Dolce Vita recording; she denied involvement and frequently said she could not recall details.

Redirect
Katherine Magbanua - Redirect Katherine Magbanua Tara Kawass
455 lines

Magbanua defended her interpretation of the Dolce Vita recording and text messages, maintained she would not falsely cooperate, and the court admitted Defense Exhibits 39 through 41.

Highlights

Katherine Magbanua - Redirect“That's why I stated that I've never heard Dan Markel's name. I never heard homicide. I never heard murder. I never heard Tallahassee. Nothing. And I'm telling you that he is going on and on about different scenarios.”— Katherine MagbanuaMagbanua restated her interpretation of the enhanced Dolce Vita recording and denied hearing direct references to the charged homicide.Katherine Magbanua - Crossevidence eventThe State played multiple excerpts of the Dolce Vita recording; the reporter repeatedly noted that portions could not be accurately transcribed and that the recording itself was the best evidence of its content.

9. Defense Rests

The court denied a renewed motion for judgment of acquittal after both sides rested, then sent jurors home to return on Day 7 for instructions and closing arguments.

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Procedural
Defense rests — jury sent home
5 lines

The defense rested and the State offered no rebuttal, completing testimony; the court scheduled instructions, closings, and anticipated noon deliberations for the next day.

Procedural
Second Motion for Judgment of Acquittal — Denied
9 lines

The court denied the defense's renewed judgment-of-acquittal motion, finding sufficient evidence on all three charges to send the case to the jury.

Highlights

Defense rests — jury sent homeprocedural actionThe defense rested, and the State said it had no rebuttal witnesses, completing the testimony portion of the case.Second Motion for Judgment of Acquittal — DeniedrulingThe court denied the second motion for judgment of acquittal, finding sufficient evidence for a reasonable juror to find the defendant guilty on all three charges and send the case to the jury.

10. Charge Conference

Judge Wheeler finalized jury instructions, resolved disputes over homicide and principal-liability language, and scheduled closings and instructions for the following morning.

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Charge Conference
Charge Conference
256 lines

The court finalized jury instructions, retaining lesser-included homicide offenses, revising principal-liability language, removing independent act, and setting deliberation procedures.

Highlights

Charge ConferencerulingThe court retained second-degree murder and manslaughter lesser-included instructions, along with justifiable and excusable homicide instructions, over the defense's request to remove them.Charge ConferencerulingWith no State objection, the court removed the independent-act instruction.
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