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Magbanua Retrialtrial-daytrial-dayGeorgia CapplemanTara Kawassjury_instructionsclosing_argumentrebuttal_closingverdictjury_polljury_dismissalsentencing_schedulingDay 8 - May 27, 2022Final instructions and closing arguments preceded guilty verdicts on all three charged counts. All 12 jurors affirmed the verdicts in a poll, and the court ordered a presentence investigation.
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Day 8 - May 27, 2022

Final Arguments, Jury Deliberations, and Guilty Verdicts

Judge Robert R. Wheeler
13Proceedings
7Pages
0Witnesses
230Lines
Day 8 of 8
Appearing:

Final instructions and closing arguments preceded guilty verdicts on all three charged counts. All 12 jurors affirmed the verdicts in a poll, and the court ordered a presentence investigation.

Full day summary

Judge Wheeler gave final instructions on the charged offenses, lesser included homicide offenses, principal liability, reasonable doubt, and evaluating testimony before the parties delivered their closing arguments. Georgia Cappleman argued that the State's evidence linked Katherine Magbanua to the alleged murder-for-hire scheme, while Tara Kawass argued that the case rested on disputed inferences and Luis Rivera's account. Cappleman replied in rebuttal, asking jurors to decide the case from admitted evidence. After deliberations began, the jury received an exhibit inventory and heard a requested playback of Exhibit 116. The jury returned guilty verdicts on first-degree murder, conspiracy to commit first-degree murder, and solicitation to commit first-degree murder. Each of the 12 jurors affirmed the verdict in a poll. The court ordered a presentence investigation and deferred sentencing for approximately 30 days.

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1. Jury Instructions

Final instructions outlined the governing law, the State's burden of proof, and the jury's deliberation duties before closing arguments.

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Procedural
Verdict Form Correction and Jury Instruction Copy Distribution
18 lines

Judge Wheeler corrected Count 3's verdict-form lettering and confirmed instruction copies were ready before bringing in the jury.

Jury Instruction
Jury Instructions (Final)
6 lines

The court instructed jurors on the charges, reasonable doubt, witness evaluation, deliberation rules, and verdict options before closing arguments.

2. Closing Arguments

Georgia Cappleman opened closing arguments for the State, Tara Kawass sought acquittal for Katherine Magbanua, and Cappleman delivered rebuttal.

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Closing
Closing Argument - Georgia Cappleman Georgia Cappleman
25 lines

The State argued that phone, financial, rental-car, witness, and recorded-call evidence showed Magbanua acted as an intermediary in the alleged murder-for-hire conspiracy and asked for guilty verdicts on all charges.

Closing
Closing Argument - Tara Kawass Tara Kawass
32 lines

Kawass argued that the State's case rested on unreliable testimony and disputed inferences, then asked jurors to find Magbanua not guilty on all counts.

Rebuttal
Rebuttal Closing - Georgia Cappleman Georgia Cappleman
4 lines

Cappleman urged jurors to rely on admitted evidence, reject the defense's coincidence theory, and find Katherine Magbanua guilty.

3. Jury Deliberation

Judge Wheeler instructed the jury, discharged the alternates, and began deliberations.

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Jury Instruction
Deliberation Guidance and Alternate Juror Discharge
3 lines

Judge Wheeler gave final deliberation guidance and discharged two alternate jurors before deliberations began.

Procedural
Jury Deliberation and Exhibit Administration
29 lines

After jurors left to deliberate, counsel reviewed the exhibits and verdict form; separate Court exhibits were placed in the file and withheld from the jury.

Procedural
Jury Question 1 - Exhibit Inventory Request
15 lines

The court sent the jury an unopposed, court-marked exhibit inventory sheet to assist its review.

Procedural
Jury Question 2 - Exhibit 116 Playback
52 lines

The court denied a request to clear the courtroom and played Exhibit 116 for the deliberating jury using headphones.

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