Defense Takes Over in Law Professor Murder Trial
State prosecutors rested their case against Sigfredo Garcia and Katherine Magbanua after eight days of testimony, in which they relied heavily on cell phone records and wiretaps to tie the defendants to the 2014 killing.
October 08, 2019 at 04:10 PM
3 minute read
A Tallahassee, Florida, jury may soon decide the fates of two people accused of murdering Florida State University law professor Dan Markel in 2014.
Prosecutors on Tuesday wrapped up their case against Sigfredo Garcia and Katherine Magbanua after eight days of testimony from a wide array of witnesses. For a week and a half, deputy assistant state attorney Georgia Cappleman laid out the prosecution's case against the defendants before a Tallahassee jury, alleging that Garcia shot Markel in the driveway of his home and that Magbanua helped set up the murder-for-hire.
The jury heard testimony from the Tallahassee police and Federal Bureau of Investigations agents who investigated the murder; Markel's ex-wife, Wendi Adelson; and Luis Rivera, a leader of the Latin Kings in Miami who in 2016 pleaded guilty to second-degree murder in connection with Markel's death and who implicated Garcia and Magbanua in the plot. They also saw evidence of extensive phone calls between the Magbanua, Garcia and Wendi's brother Charlie Adelson—who prosecutors believe conspired in the murder—right around the time of Markel's death, as well as excerpts of phone calls that investigators obtained through wiretaps. Cell phone records placed Garcia and Rivera in Tallahassee near the time of the murder.
Rivera's testimony that he and Garcia traveled from Miami to Tallahassee to kill Markel so that Wendi Adelson could relocate to South Florida with the couple's two children is central to the state's case, and he spent more than a day on the stand. In a cross-examination, defense attorneys for Magbanua and Garcia focused on Rivera's longtime gang ties, apparent inconsistencies in her statements to investigators; and the fact that he received a relatively short seven-year sentence in exchange for cooperating with the prosecution. (Rivera was already serving a 12-year federal prison sentence for racketing when he was charged in Markel's murder.)
Garcia's defense attorney Saam Zangeneh cited Rivera's lack of credibility in asking Judge James Hankinson to acquit his client after the state rested its case. Tara Kawass, who is representing Magbanua, also asked Hankinson to acquit on the grounds that the evidence against her client was entirely circumstantial. Hankinson denied both requests.
The jury did not hear testimony from either Charlie Adelson or Donna Adelson, the mother of Wendi Adelson, who was divorced from Markel in 2013. Prosecutors believe that Charlie and Donna hired Garcia and Rivera to kill Markel in order to enable Wendi Adelson to leave Tallahassee and move to South Florida, where her family runs a dental clinic. No members of the Adelson family have been charged in Markel's death, and Charlie and Donna Adelson have repeatedly denied any involvement. (Prosecutors do not believe Wendi Adelson was involved.) Wendi Adelson testified Sept. 27 that Charlie Adelson told her he had looked into hiring a hitman to kill Markel, but that the comment was a joke. Magbanua is a former girlfriend of Charlie Adelson and the mother of Garcia's children. Prosecutors say she served as the go-between for the Adelsons and the accused hitmen.
Garcia's defense team Tuesday afternoon called a trooper with the Florida Highway Patrol and a computer forensics expert, but Garcia declined to take the stand before the defense rested its case.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllThe Met Hires GC of Elite University as Next Legal Chief
A Jury to Determine Whether Stairs Were Defectively Designed in Injury Case, State Appellate Court Rules
5 minute readLSAT Administrator Sues to Block AI Tutor From Using ‘Famous, Distinctive’ Test Prep Materials
3 minute readTrending Stories
- 1Snapshot Judgement: The Case Against Illustrated Indictments
- 2Texas Supreme Court Grapples Over Fifth Circuit Question on State Usury Law
- 3Exploring the Opportunities and Risks for Generative AI and Corporate Databases: An Introduction
- 4Farella Elevates First Female Firmwide Managing Partners
- 5Family Court 2024 Roundup: Part I
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250