Remembering TCPaul, 2016-2019

Wendi Adelson may get immunity for testimony

https://www.tallahassee.com/story/n ews/2019/05/07/both-marke 6figuremistake05/08/19
I find this to be a very strange case. It appears either th trijocker05/08/19
How'd Garcia get his gf pregnant? I thought he was in prison cranky05/08/19
I find it very unlikely that she knew. The mom and brother, therewillbeblood05/08/19
I wouldn’t be surprised if she lied about something to dow jorgedeclaro05/08/19
I think she probably got hints or suspected something was go therewillbeblood05/09/19
I do as well. But knowing something is going to happen is no jorgedeclaro05/14/19
I think it's Garcia's attorney whose gf is expecting a baby. 6figuremistake05/09/19
jorge and TWBB kind of read my mind. my thought is that Wen williamdrayton05/09/19
now Wendi is refusing to be deposed by Magbanua's defense at williamdrayton05/10/19
Conspiracy charges can stick real easily is probably what he therewillbeblood05/10/19
I don’t know Florida but this is some prosecutor black mag jorgedeclaro05/14/19
It's really odd. You'd think Wendi's control freak parents w cranky05/14/19
yes I heard an interview with the oldest brother who appears williamdrayton05/14/19
And another frustrating thing is that when a marriage goes s cranky05/14/19
Children come first. Unless there is an addiction or abuse i superttthero05/14/19
cranky - conceptually I see your point. there are literally williamdrayton05/14/19
Well, and more importantly, I don’t know how you can in go jorgedeclaro05/14/19
The news articles aren't very clear, but elsewhere someone e 6figuremistake05/14/19
In light of this discovery pissing match, why hasn’t Magba jorgedeclaro05/14/19
That is the most confusing part. therewillbeblood05/14/19
Probably because the adelsons promised to keep financially s cranky05/14/19
I guess? therewillbeblood05/14/19

6figuremistake (May 8, 2019 - 4:01 pm)

https://www.tallahassee.com/story/news/2019/05/07/both-markel-suspects-asking-continuance/1127262001/

Wendi Adelson’s attorney, John Lauro, said there have been a number of misleading statements regarding her possible knowledge of the plot. She participated in an 8-hour interview with police the day her ex-husband was killed, and Magbanua’s attorneys will have ample time to cross examine her at trial, he said.

Waiting until constitutional immunity is available is the best option for her.

“There are cooperating witnesses, such as Rivera, who have made outright lies about Wendi that have been proven to be untrue,” Lauro said. “Once Wendi is subpoenaed properly by the state, she is going to testify and cooperate fully. We expect that’s going to happen.”

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trijocker (May 8, 2019 - 4:32 pm)

I find this to be a very strange case.
It appears either the ex wife or her family orchestrated this, so she could move back to SoFlo, as the wife hated Tallahasse and FSU Prof Merkel would not leave his teaching role there.
Now one of the defense attorneys has asked for a continuance because his girlfriend is expecting.
I wonder if we will ever find the truth out here.

https://www.tallahassee.com/story/news/2019/05/07/both-markel-suspects-asking-continuance/1127262001/

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cranky (May 8, 2019 - 6:50 pm)

How'd Garcia get his gf pregnant? I thought he was in prison all this time. I heard some of the recording of Wendi A's interview with the cops and she sounded genuine in her grief then. She did note that her brother joked about getting rid of Dan.

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therewillbeblood (May 8, 2019 - 11:11 pm)

I find it very unlikely that she knew. The mom and brother, that's a different story...

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jorgedeclaro (May 8, 2019 - 11:14 pm)

I wouldn’t be surprised if she lied about something to downplay things that should have given her hints and/or to cover for mom and brother. Perhaps you give her immunity for everything except murder.

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therewillbeblood (May 9, 2019 - 8:04 am)

I think she probably got hints or suspected something was going on but willfully ignored them.

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jorgedeclaro (May 14, 2019 - 1:27 am)

I do as well. But knowing something is going to happen is not a crime. She would have to assist or agree.

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6figuremistake (May 9, 2019 - 8:26 am)

I think it's Garcia's attorney whose gf is expecting a baby. Also, I find it hard to believe that her mom and bro just decided to grease the father of her children without at least getting her tacit approval. I imagine they kept her out of the plans as much as possible, so she's probably pretty well insulated unless her family betrays her under pressure. At the very least, she ultimately wasn't too upset by the ordeal. She's still pretty close to her family and she bolted down to Miami pretty much the second Markel's funeral was over.

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williamdrayton (May 9, 2019 - 9:48 am)

jorge and TWBB kind of read my mind. my thought is that Wendi generally knew that something was afoot, but mom and brother intentionally kept her in the dark about the specific details (who, when, how) so she could maintain plausible deniability.

if Wendi was truly clueless, wouldn't the natural response to her family be "you people are monsters; yes Dan was a total arsehole, but he didn't deserve to die for it. My kids need a father regardless of what happened in our marriage"?

instead, Wendi not only hightailed it back to Miami, she changed the kid's surnames and cut off the paternal grandparents from in-person contact (those last two stunts are truly disgusting)

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williamdrayton (May 10, 2019 - 4:08 pm)

now Wendi is refusing to be deposed by Magbanua's defense attorneys due to self-incrimination. but she plans to testify at trial only because she is being granted prosecutorial immunity.

any criminal law specialists who can give some insight: is this just a standard procedural scheme by a completely innocent Wendi to control the scope and nature of her testimony?

OR

does Wendi have something to hide and is afraid of what be revealed at a deposition outside of any immunity protection?

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therewillbeblood (May 10, 2019 - 5:07 pm)

Conspiracy charges can stick real easily is probably what her lawyer is thinking.

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jorgedeclaro (May 14, 2019 - 2:24 pm)

I don’t know Florida but this is some prosecutor black magic f!ckery as far as I’m concerned. Talk about a system that appears to be designed to prevent witnesses (especially cooperators or other types of shady impeachable witnesses) from sitting for interviews or depositions with defense counsel prior to trial. They should have a subpoena procedure forcing the witness to sit for a defense interview the same way they do for a trial.

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cranky (May 14, 2019 - 12:00 am)

It's really odd. You'd think Wendi's control freak parents would have been thrilled that she married a Jewish Harvard grad. Afterall, they interfered with the oldest brother's relationship with an Indian American medical school classmate and got him to marry a nice approved Jewish woman. He soon divorced her and married the Indian classmate. Yet the Adelsons were (most likely) so evil as to get Dan Markel killed and cut off all ties with his parents. Such disgusting people.

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williamdrayton (May 14, 2019 - 12:08 pm)

yes I heard an interview with the oldest brother who appears to be estranged from the entire family, Wendi included. If I recall correctly, the difference in his situation is that there were no children involved.

because Dan and Wendi had kids, Dan would never truly "go away" for at least the next 15 years while they shared custody. if there were no kids, Adelsons may have simply said "see ya later" and Dan would still be alive

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cranky (May 14, 2019 - 12:23 pm)

And another frustrating thing is that when a marriage goes sour, and there are kids involved, normally both parents are then stuck living in the same area, because judges won't let one parent move away with the children. Therefore I can sort of understand Wendy's frustration in being trapped in a lousy town, where she had limited job and dating prospects. Wanting to be closer to her parents who could provide assistance with childcare was also a reason to want to move, but again judges normally don't care in custody cases because they think both parents have the right to have equal access to the kids. So anybody thinking about having kids should be forewarned that if their marriage is on the rocks, then after having kids, they're going to be stuck and unable to move, unless the other person agrees.

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superttthero (May 14, 2019 - 12:51 pm)

Children come first. Unless there is an addiction or abuse issue, a good parent would want their children to have access to both parents without much trouble.

If you have kids, get divorced, and then try to take them hundreds of miles away from the other parent because of how it affects your life, you're a POS, self-centered parent in my view.

Tallahassee isn't some desolate one stop-light town in the middle of Wyoming. It's a metro-area of 350k containing the state capital and a major university.

The audacity of these people to think it's OK to try to rip a child from a loving father because they don't want THEIR lives disrupted. I have zero sympathy or understanding here.

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williamdrayton (May 14, 2019 - 12:57 pm)

cranky - conceptually I see your point. there are literally thousands of sucky custody/visitation arrangements. but 99.9% of them end because the kids reach adulthood or the parents come to some mutual agreement. even parents who hate each other manage to figure it out,however grudgingly.

not too many custody/visitation arrangements end via one of the spouses getting a cap busted in him by paid thugs. this is War of the Roses stuff taken to an extreme.

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jorgedeclaro (May 14, 2019 - 1:28 am)

Well, and more importantly, I don’t know how you can in good conscience offer her full immunity which covers murder. That’s the real life version of Vic Mackey and the Shield. Especially on such a high profile case.

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6figuremistake (May 14, 2019 - 12:53 pm)

The news articles aren't very clear, but elsewhere someone else pointed out that Wendi isn't being offered immunity by the prosecution. Under Florida statute, she's automatically granted immunity for her subpoenaed testimony. The prosecution can later bring charges, they just can't use her testimony as evidence against her.

I'm obviously not a FL criminal defense attorney, but here is the statute that was cited:

914.04 Witnesses; person not excused from testifying or producing evidence in certain prosecutions on ground testimony might incriminate him or her; use of testimony given or evidence produced.—No person who has been duly served with a subpoena or subpoena duces tecum shall be excused from attending and testifying or producing any book, paper, or other document before any court having felony trial jurisdiction, grand jury, or state attorney upon investigation, proceeding, or trial for a violation of any of the criminal statutes of this state upon the ground or for the reason that the testimony or evidence, documentary or otherwise, required of the person may tend to convict him or her of a crime or to subject him or her to a penalty or forfeiture, but no testimony so given or evidence so produced shall be received against the person upon any criminal investigation or proceeding. Such testimony or evidence, however, may be received against the person upon any criminal investigation or proceeding for perjury committed while giving such testimony or producing such evidence or for any perjury subsequently committed.​

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jorgedeclaro (May 14, 2019 - 2:28 pm)

In light of this discovery pissing match, why hasn’t Magbanua flipped on the Adelsons?

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therewillbeblood (May 14, 2019 - 6:55 pm)

That is the most confusing part.

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cranky (May 14, 2019 - 7:56 pm)

Probably because the adelsons promised to keep financially supporting the kids. Garcia's life is already a lost cause, so what does he care. Magabanua or whatever sounds like a loser too. It's about having a better life for their kids.

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therewillbeblood (May 14, 2019 - 8:28 pm)

I guess?

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