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personpersonRobert R. WheelerRobert R. WheelerJudge who presided over the Magbanua retrial, ruling on evidence and jury instructions and receiving guilty verdicts on all three counts.← All People
JudgeLeon County Circuit Court

Robert R. Wheeler

Courtroom still of Robert R. Wheeler.

Judge who presided over the Magbanua retrial, ruling on evidence and jury instructions and receiving guilty verdicts on all three counts.

2,085 lines·161 proceedings

About

Robert R. Wheeler set the courtroom framework and presided for all eight days. On Day 1, he instructed the sworn jurors on the charges, the State's burden of proof, the treatment of evidence, and the prohibition against discussing or independently researching the case. He also managed stipulations, witness sequestration, expert access, exhibits, examination practices, and the daily trial schedule.

Wheeler resolved recurring evidentiary and discovery disputes. He limited Wendi Adelson's cross-examination to the scope of the State's direct examination, ruled that the alleged murder-for-hire conspiracy could continue until payment for purposes of challenged co-conspirator statements, and addressed claimed discovery violations. He excluded calls between defense counsel and Sigfredo Garcia as work product, excluded Spanish jail calls, permitted English calls for the State's stated impeachment use, rejected a Crawford challenge to Adelson wiretap calls, and admitted two undercover-call exhibits only for context and the fact of contact rather than for the truth of their contents. He also denied the defense's initial and renewed motions for judgment of acquittal, allowing all three charges to go to the jury.

At the charge conference, Wheeler retained lesser-included homicide instructions, revised the principal-liability language, removed an independent-act instruction, and established deliberation procedures. On Day 8, he instructed jurors on the charged offenses, reasonable doubt, witness evaluation, separate consideration of each count, and unanimous written verdicts. During deliberations, he handled an exhibit request and arranged headphone playback of a recorded exhibit.

When the jury returned, Wheeler confirmed that the verdict form was in proper order and read the jury's guilty verdicts on all three counts. He then polled all 12 jurors, each of whom affirmed the verdict, instructed them about the privacy of deliberations, ordered their notes collected and destroyed without review, and excused them. The court ordered a presentence investigation and deferred sentencing for approximately 30 days.

Trial Record (161)

KMMagbanua RetrialMay 18, 2022 – May 27, 2022

Robert R. Wheeler presided for eight days, resolving evidentiary and discovery disputes, directing the presentation of evidence, and instructing the jury on the charges and burden of proof. On Day 8, he received and read the jury's guilty verdicts on all three counts, polled the jurors, and ordered a presentence investigation before sentencing.

Day 1

Day 2

Day 3

ProceduralAdmissibility ruling — co-conspirator statements and murder-for-hire conspiracy timeline1highlight7lines spoken

Summary

Judge Wheeler held that the alleged murder-for-hire conspiracy could continue until payment, allowing the challenged co-conspirator statements; a separate Crawford argument was deferred.

Highlights (1)

Quote“But if it's a murder for hire and there's money exchanging hands for that murder, the conspiracy does not end until the money is paid.”— Robert R. WheelerThe court stated the legal basis for its admissibility ruling.Open in transcript →Watch this moment ▶

Day 4

ProceduralEnd of Day — Jail Call Admissibility Rulings and Scheduling1highlight14lines spoken

Summary

The court excluded counsel-and-Garcia and Spanish jail calls, allowed English calls for the State's stated impeachment use, and set a Crawford hearing and Wednesday jury-instruction deadline.

Highlights (1)

Quote“any calls between Ms. Kawass and Garcia are not going to be admissible. I think I'm going to find that they are work product and they won't be admissible at trial.”— Robert R. WheelerThe court excluded the calls between defense counsel and Garcia as work product.Open in transcript →Watch this moment ▶

Day 5

Day 6

ProceduralPre-session ruling: FBI undercover bump calls (Exhibits 128 and 134) admitted over defense hearsay objection1highlight8lines spoken

Summary

The court admitted two FBI undercover-call exhibits over a defense hearsay objection, limiting them to context and the fact of contact.

Highlights (1)

Quote“Both exhibits will be admissible. Neither one is for the truth of the matter asserted.”— Robert R. WheelerThe court's ruling admitted both undercover-call exhibits while limiting their purpose.Open in transcript →Watch this moment ▶

Day 7

Day 8

VerdictVerdict2highlights6lines spoken

Summary

The jury found Katherine Magbanua guilty on all three charged counts.

Highlights (2)

Quote“We, the jury, find as follows as to Count 1. The Defendant is guilty of first degree murder.”— Robert R. WheelerThe court read the jury's verdict finding Katherine Magbanua guilty of first-degree murder.Open in transcript →Watch this moment ▶
jury dismissalJury Dismissal1highlight1line spoken

Summary

Judge Wheeler gave final juror-privacy instructions, ordered juror notes collected and destroyed, and excused the jury.

Highlights (1)

jury eventJudge Wheeler instructed jurors that they could choose whether to discuss their deliberations unless required by court order, stated that their notes would be collected and destroyed, and excused the jury.Open in transcript →