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.

Day 8 →

Proceedings

Procedural 1 Defense rests — jury sent home Line 1

Procedural 2 Second Motion for Judgment of Acquittal — Denied Line 7

Procedural 1 Defense rests — jury sent home

1 8:58:28

JUDGE WHEELER: All right. Is the defense calling any other witnesses?

2 8:58:31

MS. KAWASS: No, Your Honor. The defense rests.

3 8:58:33

JUDGE WHEELER: All right. The defense has rested. Does the state have any rebuttal witnesses?

4 8:58:36

MS. CAPPLEMAN: No, Your Honor.

5 8:58:36

JUDGE WHEELER: Okay. So that completes the testimony portion of the case. Okay. I apologize for keeping you so late, but I think you understand the importance of getting this done today. So I hope you've had a great day. Bear with me.

6 8:58:49

JUDGE WHEELER: So tomorrow when we reconvene, we will start with the jury instructions and then closing arguments, okay? That will be done all in the morning. I expect that what we will do is, that will be done by lunchtime. The court will provide lunch to you and you will go back at noontime and start your deliberations at that time, okay? So that's why I'm expecting — absent anything that is out of my control or anything that I don't know up to this point but that's what we're expecting for tomorrow. Okay, everyone. I don't want to hold you any longer. Have a great evening. No talking about the case with anyone else. You can leave your pads right here on your chairs and we'll see you all tomorrow morning at 8:30. We'll start promptly after that. Okay. Thank you all.

Procedural 2 Second Motion for Judgment of Acquittal — Denied

7 8:59:58

JUDGE WHEELER: All right. Jury's out of the courtroom. The door is closed. You may be seated. Both the state and the defense have now rested. Would you like to bring any motions on behalf of the defense at this time?

8 9:00:17

MS. KAWASS: At this time, the defense would like to renew all previous motions and objections, and now make our second motion for judgment of acquittal. Even in the light taken most favorable to the state, the state I think the standard is now that no reasonable juror could find Ms. Magbanua guilty beyond the exclusion of every reasonable doubt. At this, now that the standard has changed, Judge, a little bit, and we've also had evidence from Ms. Magbanua, I would rely on the same arguments I made as to the elements of all three charges, in that all of the case is circumstantial but for the evidence of Luis Rivera. And now that Ms. Magbanua has taken the stand and explained everything as it relates to the circumstantial evidence in this case, and she's been consistent since day one, that weakens the evidence that the state has as it relates to the circumstantial evidence. And then now all you have left to evaluate is still Luis Rivera. Same argument, Judge all we have in front of us is Luis Rivera, who admittedly says, "I don't know anything about this. I don't know who did the hiring. I don't know anything." It's only Garcia telling him that Katie is the one doing the middle. There's no evidence that she knew what the middle was for, if you believe him, and he says, "Oh, she was in the middle hiring us for this." Luis Rivera himself says, "I thought I was going to commit a robbery," and the elements say that you have to have intended the crime to be committed. There's no evidence that Ms. Magbanua conspired with anyone to have a murder committed. Mr. Rivera was not able to give any information as to who it was in the Adelson family that this was done through. Ms. Magbanua didn't do anything to assist. There's no evidence that the paperwork with Dan Markel's face on it didn't come directly from Charlie Adelson.

9 9:01:59

MS. KAWASS: Mr. Rivera never said that that information came from Ms. Magbanua it actually came from Mr. Garcia. And the only evidence they have is supposedly her the next day being picked up by Sigfredo and going to the house, and their own witnesses say that she didn't know what was in the bag. Even believing that that took place, there's no evidence to establish that Ms. Magbanua knew there was money in the bag or that this was money for any criminal activity.

10 9:02:28

MS. KAWASS: So in addition to all the cases that I cited earlier, Judge, for my first JOA, this is the additional argument that I'm making for the second JOA.

11 9:02:36

JUDGE WHEELER: All right. Thank you, Ms. Kawass.

12 9:02:37

MS. KAWASS: Thank you, Judge.

13 9:02:38

JUDGE WHEELER: Ms. Cappleman?

14 9:02:39

MS. CAPPLEMAN: I'll rely on my previous arguments, Your Honor.

15 9:02:39

JUDGE WHEELER: All right. The second motion for judgment of acquittal is denied. There is sufficient evidence for a reasonable juror to find the defendant guilty on all three charges. There's certainly sufficient evidence for this to go to the jury, and for my reasons also stated previously, the motion is denied.

Insights

Procedural 1 Defense rests — jury sent home

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.

Case Significance

Standard end-of-testimony transition with no contested issues. Both sides confirmed their evidentiary presentation was complete and the jury was sent home on schedule.

Defense rested without objection
State waived rebuttal
No motions or rulings occurred
Jury dismissed with standard admonishments

Highlights

Procedural

Defense counsel Kawass formally rested the defense case; state confirmed no rebuttal witnesses, closing the evidentiary phase of the trial.

Deep Analysis

Procedural Action

Defense rests; state waives rebuttal

Kawass announced the defense rested; Cappleman confirmed no rebuttal witnesses, formally closing testimony in the case.

Schedule Or Logistics

Next-day schedule announced

Judge Wheeler told jurors that the following morning would begin with jury instructions followed by closing arguments, with deliberations expected to start after a court-provided lunch at approximately noon.

Procedural 2 Second Motion for Judgment of Acquittal — Denied

After both sides rested, defense renewed all prior motions and made a second motion for judgment of acquittal, arguing Magbanua's testimony weakened the circumstantial case and Rivera's account remained the sole direct evidence. Judge Wheeler denied the motion, finding sufficient evidence on all three charges.

Case Significance

The second denial of a judgment of acquittal confirms the case will reach the jury and signals the court's view that the evidence — primarily Rivera's testimony and the circumstantial record — clears the sufficiency threshold despite the defense's renewed attack on Rivera's credibility and Magbanua's first-person denial.

Renewal of JOA after defendant testified is a standard procedural step, but the substantive arguments preview the central credibility dispute the jury will resolve
Wheeler's ruling locks in that the evidence legally supports guilt on all three charges under the light-most-favorable standard
Kawass's framing — Rivera admits knowing nothing, Garcia was the sole communicator, Magbanua was unaware of the bag's contents — encapsulates the core defense theory carried into closing arguments

Highlights

“all we have in front of us is still Luis Rivera, who admittedly says, 'I don't know anything about this. I don't know who did the hiring. I don't know anything.' It's only Garcia telling him that Katie is the one doing the middle.”

— Tara KawassKawass distills the defense's core theory for the jury: Rivera's own admissions undercut his reliability as the sole direct witness, and Garcia — not Magbanua — was the source of every inculpatory claim Rivera could make.Procedural

Defense renewed all prior motions and presented its second JOA argument, explicitly incorporating Magbanua's testimony as a new factor and reiterating that Rivera's account — which he admitted came entirely through Garcia — could not establish Magbanua's knowing participation in a murder conspiracy.

“The second motion for judgment of acquittal is denied. There is sufficient evidence for a reasonable juror to find the defendant guilty on all three charges.”

— Robert R. WheelerWheeler's ruling confirms the legal sufficiency of the state's case after both sides rested, sending the question of guilt to the jury on all three counts.Ruling

Judge Wheeler denied the defense's second motion for judgment of acquittal on all three charges, finding sufficient evidence for a reasonable juror to return a guilty verdict.

People Mentioned

Charlie Adelson Dan Markel Sigfredo Garcia

Deep Analysis

Rulings Or Orders

Second JOA denied — all three charges

Wheeler denied the defense's second motion for judgment of acquittal, finding sufficient evidence for a reasonable juror to convict on all three charges.

Summary

With Magbanua's redirect complete, Judge Wheeler asked whether the defense would call additional witnesses. Kawass announced the defense rested; Cappleman confirmed the state had no rebuttal. The judge addressed the jury directly, apologized for the hour, and outlined the next day's schedule: jury instructions and closing arguments in the morning, a court-provided lunch, and deliberations beginning at noon. Jurors were reminded not to discuss the case and released until 8:30 a.m. After the jury was excused, Wheeler invited renewed motions. Kawass moved for a second judgment of acquittal, arguing the evidentiary standard had shifted now that both sides had rested and that Magbanua's testimony — which Kawass characterized as consistent from the outset — further weakened an already-thin circumstantial case. Kawass contended that Rivera admitted he did not know who had hired him, knew only what Garcia told him, and believed he was participating in a robbery, not a murder. She argued there was no evidence the paperwork bearing Dan Markel's photograph originated from Magbanua rather than directly from Charlie Adelson, and that even accepting the bag-pickup narrative as true, the record contained no proof Magbanua knew the contents. Cappleman rested on her earlier arguments. Wheeler denied the motion, ruling that sufficient evidence existed for a reasonable juror to find Magbanua guilty on all three charges, and that the case would proceed to deliberation.

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Defense Rests