Defense· Defense team (Magbanua)

Tara Kawass

Defense attorney for Katherine Magbanua in the Garcia-Magbanua 2019 trial and the Magbanua 2022 retrial, and named in testimony during the Donna Adelson 2025 trial.

AppearedGarcia–Magbanua Magbanua Retrial

5,379 lines·75 proceedings·2 trials

About

Kawass is a recurring defense attorney whose work helps trace the presentation and testing of Magbanua's defense across both trials.

Tara Kawass represented Katherine Magbanua in both the Garcia–Magbanua 2019 Joint Trial and the magbanua-retrial-2022. Her defense work centered on challenging the State's interpretation of witness testimony, recordings, financial evidence, and other proof, while advancing the position that Magbanua lacked knowledge of a killing plan. She questioned witnesses about prior accounts, recollection, cooperation arrangements, and alleged events, including examinations of Wendi Adelson, Luis Rivera, Yindra Velazquez Mascaro, and Jessica Rodriguez. Kawass also raised and argued evidentiary and procedural issues, including limits on questioning and the admissibility of recorded jail calls. In the retrial, she delivered closing argument seeking not-guilty verdicts on all counts.

Attorney insights (10)

Garcia–Magbanua

Focus

In opening, Kawass framed the defense around evaluating the expected evidence and the context omitted from selected recorded calls.

Supporting record (1)

Opening Statement - Tara KawassDay 1

Focus

Kawass questioned Wendi Adelson about family relationships, the divorce and custody dispute, limited recollection of encounters with Magbanua, recordings, and the timing of an email.

Supporting record (2)

Focus

Kawass cross-examined Luis Rivera on his account, prior statements, plea exposure, cooperation, memory, and alleged payment.

Supporting record (2)

Focus

Kawass also cross-examined Yindra Velazquez Mascaro and conducted redirect examination of Katherine Magbanua.

Supporting record (2)

Credibility challenge

Kawass challenged Luis Rivera's account through his reduced disposition, cooperation terms, memory, prior statements, and differing accounts of the alleged payment.

Supporting record (2)

Magbanua Retrial

Focus

In opening, framed the defense position that Magbanua lacked knowledge of a killing plan and that Charles Adelson dealt directly with Sigfredo Garcia; identified communications, recordings, financial records, and investigative handling as disputed evidence.

Supporting record (1)

Opening Statement - Tara KawassDay 1

Focus

Conducted cross-examinations of Jeffrey Lacasse, Yindra Velazquez Mascaro on recall, June Umchinda, Clariza Lebredo, and Jessica Rodriguez. The Rodriguez cross used prior accounts to test the reported timing of the package incident.

Supporting record (5)

Focus

Argued the defense reading of recordings and financial evidence in closing, asking jurors to apply reasonable doubt and find Magbanua not guilty on all counts.

Supporting record (1)

Closing Argument - Tara KawassDay 8

Credibility challenge

Kawass challenged Luis Rivera's expected and later trial account, and argued that ambiguous recordings did not establish an agreement or guilty knowledge.

Supporting record (2)

Credibility challenge

In cross-examining Jessica Rodriguez, Kawass tested the timing and consistency of Rodriguez's reports about an alleged package incident.

Supporting record (1)

Jessica Rodriguez - CrossDay 5

Trial Record (75)

GMGarcia–MagbanuaSep 26, 2019 – Oct 11, 2019

As Katherine Magbanua's lead counsel, Kawass framed the defense around proof and context, then examined key witnesses including Wendi Adelson and Luis Rivera. Her questioning tested Rivera's cooperation terms, prior statements, memory, and account of the alleged payment.

Day 1

Sep 26, 2019

ProceduralTrial Procedures and Sequestration Rulings9lines spoken

Summary

The court addressed exhibit procedures, denied a motion concerning the Dolce vita video, and ruled on witness sequestration before openings.

OpeningOpening Statement - Tara KawassTara Kawass4highlights7lines spoken

Summary

Kawass argued that Magbanua was innocent, previewed alternative explanations for the State's financial evidence, and challenged Luis Rivera's anticipated reliability.

Highlights (4)

procedural actionKawass argued that the defense expected the evidence to show Magbanua was innocent and that the State had charged her while pursuing the Adelson family.Open in transcript →Watch this moment ▶

Quote“Justice does not come from convicting an innocent person for a crime that they did not commit.”— Tara KawassKawass framed the defense's central argument that Magbanua was wrongly charged.Open in transcript →Watch this moment ▶

testimony highlightKawass previewed alternative explanations for cash deposits, the Lexus, cosmetic surgery, and Adelson Institute payments, characterizing the State's anticipated financial evidence as incomplete or misleading.Open in transcript →Watch this moment ▶

Quote“He has told so many different versions of what happened that I don't know what he's going to tell you today.”— Tara KawassKawass previewed the defense attack on Luis Rivera's anticipated testimony.Open in transcript →Watch this moment ▶

Day 2

Sep 27, 2019

DirectWendi Adelson - DirectWendi AdelsonGeorgia Cappleman20lines spoken

Summary

Wendi Adelson testified about the divorce and custody dispute with Dan Markel, her family relationships, her movements on the day of the murder, and her claimed lack of knowledge of any plot.

CrossWendi Adelson - CrossWendi AdelsonTara Kawass183lines spoken

Summary

Tara Kawass questioned Wendi Adelson about family ties, recordings, her limited contact with Katherine Magbanua, and events surrounding Dan Markel's murder; the court limited two lines of inquiry.

Jury QuestionsWendi Adelson - Juror QuestionsWendi AdelsonJames C. Hankinson6lines spoken

Summary

Juror questions addressed Wendi Adelson's immunity, refreshed memory, relationship timing, and stated reason for limiting the Markel grandparents' contact with the children.

Jury QuestionsWendi Adelson - Juror Question Follow-up by MagbanuaWendi AdelsonTara Kawass2lines spoken

Summary

Wendi Adelson said she could not remember the exact timing of an email discussed in relation to Katherine Magbanua's arrest.

Day 3

Oct 1, 2019

ProceduralRivera-Attorney Privilege and Brannon Sequestration Issues10lines spoken

Summary

The court reserved the Rivera-attorney privilege dispute and denied defense sequestration requests concerning Officer Brannon.

ProceduralRivera Hearsay and Disclosure Motions4lines spoken

Summary

Defense counsel raised anticipated hearsay and disclosure issues before Luis Rivera testified; the State reported no new disclosure items.

DirectLuis Rivera - DirectLuis RiveraGeorgia Cappleman17lines spoken

Summary

Rivera testified that Garcia recruited him, shot Dan Markel, and later discussed payment with Katie; the court also reserved a discovery issue over a voice-identification exhibit.

sidebarVoice Identification and Discovery DisputeDuring Luis Rivera - Direct4lines spoken

Summary

Counsel disputed the foundation for voice identification and whether a highlighted phone-call summary had been provided in discovery.

Day 4

Oct 2, 2019

ProceduralVoice-Identification Exhibit Ruling3lines spoken

Summary

The court kept two written voice-identification exhibits from the jury but allowed testimony about which recordings witnesses identified.

CrossLuis Rivera - CrossLuis RiveraTara Kawass2highlights608lines spoken

Summary

Kawass tested Rivera's cooperation incentives, memory, and prior accounts of the alleged planning, shooting, and payment; the court denied a mistrial motion during a sidebar.

Highlights (2)

impeachmentKawass used Rivera's prior statements and his present memory gaps to test when he learned of the alleged murder plan, travel details, drug use, and other aspects of his account.Open in transcript →

impeachmentKawass challenged Rivera's account of the alleged post-shooting call and payment arrangement by comparing versions from prior statements and questioning his claimed ability to recognize Katherine Magbanua's voice.Open in transcript →

sidebarMistrial Motion Over Cocaine TestimonyDuring Luis Rivera - Cross2lines spoken

Summary

Counsel disputed testimony suggesting Garcia sold cocaine and the limits on further questioning about it.

ProceduralRivera Impeachment, Cocaine Evidence, and Severance Rulings13lines spoken

Summary

The court excluded proposed Rivera impeachment and cocaine-sale testimony, denied severance and mistrial, and clarified presentation of phone-call identifications.

CrossLuis Rivera - Cross (Part 2)Luis RiveraTara Kawass329lines spoken

Summary

Kawass challenged Rivera's memory, prior accounts, convictions, and plea benefits; after a jury break, he confirmed several prior statements that differed from or omitted parts of his testimony.

RedirectLuis Rivera - RedirectLuis RiveraGeorgia Cappleman9lines spoken

Summary

Rivera's redirect reinforced his account of the alleged murder plan, Magbanua's claimed intermediary role, and an alleged payment, while the court limited proposed gang-related prior-crimes evidence.

Day 5

Oct 3, 2019

ProceduralEvidentiary Rulings and Jury-Instruction Conference23lines spoken

Summary

The court limited the evidentiary ruling to drug dealing, approved lesser-included homicide instructions, tailored the firearm instruction to Garcia, and deferred other instruction questions.

CrossYindra Velazquez Mascaro - CrossYindra Velazquez MascaroTara Kawass176lines spoken

Summary

Cross-examination tested Mascaro's prior affidavit and her memory of a July 2014 car-accident call while eliciting relationship and employment context about Magbanua.

Jury QuestionsYindra Velazquez Mascaro - Juror QuestionsYindra Velazquez MascaroJames C. Hankinson3lines spoken

Summary

Mascaro said she lacked knowledge about Magbanua's pay, relationship timing, and Garcia's whereabouts during an overnight childcare incident.

Jury QuestionsYindra Velazquez Mascaro - Juror Question Follow-up by MagbanuaYindra Velazquez MascaroTara Kawass7lines spoken

Summary

Mascaro said she rarely watched Katherine's children before the court excused her.

Day 6

Oct 4, 2019

ProceduralGang-Expert, Wiretap, and Dolce Vita Rulings6lines spoken

Summary

The court deferred the gang-expert decision, set a process for individual wiretap rulings, allowed the Dolce Vita undercover conversation subject to transcript foundation, and ordered wiretap materials shared before Monday.

Day 9

Oct 9, 2019

ProceduralBennett Hearsay, Corbitt Sequestration, and Magbanua Testimony6lines spoken

Summary

The court excluded proposed Bennett impeachment testimony, addressed deliberation sequestration, and denied the State's request to exempt Sergeant Corbitt from sequestration during Magbanua's testimony.

DirectKatherine Magbanua - DirectKatherine MagbanuaTara Kawass1,011lines spoken

Summary

Magbanua denied involvement in the murder, explained her relationships and recorded calls, and said she had no personal information tying Charlie Adelson to the crime.

sidebarRelationship Evidence and Severance MotionDuring Katherine Magbanua - Direct6lines spoken

Summary

Counsel disputed questions about an alleged affair and the permissible scope of relationship-conflict evidence.

sidebarQuestion About Cooperation MotiveDuring Katherine Magbanua - Direct6lines spoken

Summary

Counsel disputed whether a question about a news article and the witness's awareness of the State's desire for cooperation would improperly enter excluded plea-related topics.

CrossKatherine Magbanua - CrossKatherine Magbanua7lines spoken

Summary

Magbanua denied involvement in the murder while the State challenged her account of recorded calls, finances, job arrangement, and phone use.

RedirectKatherine Magbanua - RedirectKatherine MagbanuaTara Kawass65lines spoken

Summary

Magbanua addressed discovery access and recordings on redirect before a dispute over Defense Exhibit 26 sent the jury out.

ProceduralMagbanua Employment-Statement Ruling31lines spoken

Summary

The court excluded Magbanua's proposed employment and Lexus call excerpts after reversing an initial ruling, then preserved the calls as a proffer.

RedirectKatherine Magbanua - Redirect (Part 2)Katherine MagbanuaTara Kawass80lines spoken

Summary

Magbanua disputed the State's phone-use and jail-inmate allegations; the judge limited portions of the redirect and instructed jurors on unadmitted calls.

sidebarJury Questions and Defense Exhibits19lines spoken

Summary

The court reviewed jury questions about promotions, employment, tips, tax forms, and food stamps, then addressed a defense photograph and cash-related demonstrative.

ProceduralMagbanua Defense Rests3lines spoken

ProceduralFinal Jury-Instruction Conference10lines spoken

Summary

The court finalized jury instructions, denied Magbanua's circumstantial-evidence request, and approved a revised wire-call disk for the jury.

Day 10

Oct 10, 2019

Jury InstructionDeliberation Instructions and Alternate Juror3lines spoken

Summary

The jury received final deliberation directions and began deliberating; the court retained the remaining alternate for a possible penalty phase.

ProceduralDeliberation Evidence and Penalty-Phase Logistics3lines spoken

Jury InstructionSupplemental Jury Instructions - Principal Liability3lines spoken

Day 11

Oct 11, 2019

Jury InstructionJury Question - Premeditation and Principal Liability5lines spoken

Jury InstructionJury Questions - Principal Liability and Split Verdicts11lines spoken

KMMagbanua RetrialMay 18, 2022 – May 27, 2022

As defense co-counsel for Katherine Magbanua, Kawass advanced the position that Magbanua lacked knowledge of a killing plan and challenged the State's reading of witness accounts, recordings, and financial evidence. She examined witnesses, litigated evidentiary issues, and delivered the defense closing argument.

Day 1

May 18, 2022

ProceduralDay 1 pre-jury housekeeping — appearances, sequestration, and exhibit logistics5lines spoken

Summary

The court addressed a DNA stipulation, witness sequestration, expert access, and advance review of defense exhibits before the jury entered.

OpeningOpening Statement - Sarah Kathryn DuganSarah Kathryn Dugan3lines spoken

Summary

The State previewed an alleged murder-for-hire scheme and said records, recordings, and Luis Rivera's anticipated account would link Katherine Magbanua to it.

OpeningOpening Statement - Tara KawassTara Kawass4highlights10lines spoken

Summary

Kawass argued that the evidence would show Magbanua did not know of the alleged killing plan and challenged the State's expected proof.

Highlights (4)

procedural actionKawass framed the defense position as agreement that Dan Markel was killed and that Rivera and Garcia carried out the killing, while arguing that the disputed question was whether Katherine Magbanua knew of the plan.Open in transcript →Watch this moment ▶

Quote“We are going to prove to you beyond any doubt that Charles Adelson conspired directly with Sigfredo Garcia behind Katie's back to have Dan Markel killed.”— Tara KawassStates the defense's central alternative theory and its claim that Magbanua lacked knowledge.Open in transcript →Watch this moment ▶

testimony highlightKawass previewed the defense's alternative account that Charles Adelson allegedly conspired directly with Sigfredo Garcia and that records and communications would show Magbanua did not know about it.Open in transcript →Watch this moment ▶

Quote“the only person who sounds like she has no idea what's going on is Ms. Magbanua.”— Tara KawassCaptures the defense's interpretation of the anticipated wiretap evidence.Open in transcript →Watch this moment ▶

ProceduralLunch Break3lines spoken

Day 2

May 19, 2022

ProceduralDay 2 Opening — Witness Scheduling and Late-Notice Dispute Over Lacasse8lines spoken

ProceduralDefense preserves cross-examination objection — Wheeler affirms ruling2lines spoken

Summary

The defense preserved an objection to limits on cross-examination, and Judge Wheeler reaffirmed his prior ruling.

DirectJeffrey Lacasse - DirectJeffrey LacasseGeorgia Cappleman3lines spoken

Summary

Lacasse recounted his relationship with wendi Adelson, alleged statements involving Charlie Adelson and Dan Markel, and the travel alibi he said eliminated him as a suspect.

CrossJeffrey Lacasse - CrossJeffrey LacasseTara Kawass216lines spoken

Summary

Lacasse was questioned about wendi Adelson, his meeting with Charles Adelson and Katherine Magbanua, and his early police interviews after Dan Markel's murder.

ProceduralPre-Rivera OJP — exhibit disclosure dispute and co-conspirator hearsay motion5lines spoken

Summary

The court resolved a defense-material disclosure dispute and allowed anticipated Rivera testimony subject to a preserved co-conspirator hearsay objection.

ProceduralEnd-of-Day — Co-Conspirator Hearsay Dispute and Rivera Cross Logistics3lines spoken

Summary

The court deferred a co-conspirator hearsay admissibility decision, required further authority and independent-evidence support, and set logistics for continuing Rivera's cross-examination.

Day 3

May 20, 2022

ProceduralUntimely Jail Call Discovery — Richardson Hearing Ordered for Monday4lines spoken

Summary

Defense objected to late-disclosed jail calls; the court ordered weekend review and a Monday Richardson hearing if the State sought to use them.

DirectWaldo Mesa Nunez - DirectWaldo Mesa NunezSarah Kathryn Dugan4lines spoken

Summary

Nunez authenticated rental records showing Sigfredo Garcia rented one car and exchanged it for another the next day.

CrossWaldo Mesa Nunez - CrossWaldo Mesa NunezTara Kawass74lines spoken

Summary

Nunez said he relied on rental records rather than independent memory and could not determine the second vehicle exchange time from the record reviewed.

Day 4

May 23, 2022

ProceduralWork Product Dispute Over Defense Attorney's Recorded Calls with Garcia1highlight31lines spoken

Summary

The court reserved ruling on recorded calls involving defense counsel and Garcia, ordered translations of Spanish calls, and planned a Richardson hearing.

Highlights (1)

confrontationThe parties argued whether recorded calls between Tara Kawass and Mr. Garcia were protected work product or discoverable recorded witness statements.Open in transcript →Watch this moment ▶

RedirectChristopher Corbitt - RedirectChristopher CorbittSarah Kathryn Dugan7lines spoken

Summary

Corbitt clarified phone and cell-site records, described July 19 location inferences, and the court admitted two State exhibits while allowing limited prior-testimony audio.

DirectYindra Velazquez Mascaro - DirectYindra Velazquez MascaroSarah Kathryn Dugan12lines spoken

Summary

A longtime friend described Magbanua's relationships, work history, and an attributed July 2014 account; the court admitted several location, photograph, and vehicle exhibits.

CrossYindra Velazquez Mascaro - CrossYindra Velazquez MascaroTara Kawass378lines spoken

Summary

Mascaro acknowledged uncertainty about several dates and said an unrecorded 2016 police report misstated her uncertainty over who paid for Magbanua's surgery.

CrossYindra Velazquez Mascaro - Cross (Recall)Yindra Velazquez MascaroTara Kawass6lines spoken

Summary

Mascaro confirmed that her Instagram posts identified the exact day and provided a record of it.

CrossJune Umchinda - CrossJune UmchindaTara Kawass169lines spoken

Summary

June Umchinda said she had limited knowledge of Charles Adelson's connection to Katherine Magbanua or the homicide investigation, as the defense explored media exposure and her 2018 interview.

CrossClariza Lebredo - CrossClariza LebredoTara Kawass17lines spoken

Summary

Lebredo said she lacked knowledge of the Adelsons' check-writing practices and any arrangement involving Magbanua's paychecks.

CrossErika Johnson - CrossErika JohnsonTara Kawass26lines spoken

Summary

Johnson acknowledged uncertainty in her earlier testimony about Katie's employment and limits on her knowledge of Adelson Institute check-writing.

ProceduralEnd of Day — Jail Call Admissibility Rulings and Scheduling2highlights1line 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 (2)

rulingThe court ruled that calls between defense counsel Tara Kawass and Garcia were work product and would not be admitted.Open in transcript →Watch this moment ▶

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

May 24, 2022

CrossElizabeth Richey - CrossElizabeth RicheyTara Kawass6lines spoken

Summary

Richey said a recovered firearm could potentially be compared with bullets from this case or other crimes.

DirectJessica Rodriguez - DirectJessica RodriguezGeorgia Cappleman4lines spoken

Summary

Jessica Rodriguez described Rivera and Garcia leaving town, a later package delivery involving Garcia and Magbanua, and a prior deposition statement about Magbanua's knowledge of Garcia's conduct.

CrossJessica Rodriguez - CrossJessica RodriguezTara Kawass353lines spoken

Summary

Defense questioned Jessica Rodriguez about her delayed package-delivery account, prior statements, and relationship with Luis Rivera.

ProceduralJury Sent Home — End-of-Day Housekeeping5lines spoken

Summary

The court sealed jail calls provided during trial, addressed language used before the jury, and discussed the projected schedule for the remaining evidence and closings.

sidebarJury Sequestration and Deliberation Schedule4lines spoken

Summary

The court discussed accommodating two jurors' Thursday graduation commitments and whether the jury should be sequestered during deliberations.

Day 6

May 25, 2022

ProceduralDefense Raises Richardson Issue Over Trooper Downing's Changed Account of Rivera Traffic Stop10lines spoken

Summary

Judge Wheeler found no prejudice from a late-disclosed possible change in Trooper Downing's traffic-stop account and allowed the defense to address it before calling him.

Day 7

May 26, 2022

ProceduralDefense Motion for Judgment of Acquittal Denied — All Three Counts Proceed to Jury5lines spoken

Summary

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

ProceduralPre-recess colloquy — Fitzpatrick preview, defendant testimony deadline, hearsay objection preview5lines spoken

Summary

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.

DirectRyan Fitzpatrick - DirectRyan Fitzpatrick107lines spoken

Summary

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

RedirectRyan Fitzpatrick - RedirectRyan FitzpatrickTara Kawass3lines spoken

Summary

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

DirectKatherine Magbanua - DirectKatherine MagbanuaTara Kawass861lines spoken

Summary

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.

Charge ConferenceCharge Conference3lines spoken

Summary

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

ProceduralSecond Motion for Judgment of Acquittal — Denied3lines spoken

Summary

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.

CrossKatherine Magbanua - CrossKatherine MagbanuaSarah Kathryn Dugan29lines spoken

Summary

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.

RedirectKatherine Magbanua - RedirectKatherine MagbanuaTara Kawass219lines spoken

Summary

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.

Day 8

May 27, 2022

ClosingClosing Argument - Tara KawassTara Kawass3highlights23lines spoken

Summary

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.

Highlights (3)

procedural actionKawass frames the defense closing as a reasonable-doubt argument, contending that the State built its theory around Magbanua rather than objectively investigating alternative links.Open in transcript →Watch this moment ▶

Quote“This, members of the jury, is an anatomy of a wrongful prosecution.”— Tara KawassKawass states the defense's overarching theory that the prosecution was built on an improper investigation.Open in transcript →Watch this moment ▶

rulingThe court overrules the State's objection after Kawass argues that missing recordings and other absent material may bear on reasonable doubt.Open in transcript →Watch this moment ▶