The Dan Markel Case: A Not-So-Merry Christmas For Katherine Magbanua
Friday brought bad news for this defendant in the Dan Markel murder case.
Katherine Magbanua (Broward County Sheriff’s Office)
I would wish Katherine Magbanua, my fellow Filipino American, a Maligayang Pasko, except I’m not sure it applies in her case. On Friday, the alleged Filipina femme fatale was denied bond. This means that she’ll probably be spending Christmas behind bars and away from her kids.
Magbanua, accused of serving as a conduit between two alleged hitmen and whoever ordered the July 2014 murder of Professor Dan Markel, is presumed innocent until proven otherwise. And her lawyers vigorously maintain that she is truly innocent. But the denial of bail didn’t come as a huge shock simply because of the seriousness of the charges against her.
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Judge James Hankinson did give the matter careful consideration, holding a day-long hearing on Friday before making his ruling. He heard testimony from witnesses on both sides, including Katherine’s brother Erik Magbanua and Tallahassee Police homicide investigator Craig Isom. One of Katherine Magbanua’s lawyers, Christopher DeCoste, honed in on weaknesses in the prosecution evidence when questioning Isom:
DeCoste spent his time questioning Tallahassee Police homicide investigator Craig Isom, picking apart what he called a “well-rehearsed” statement by Luis Rivera, who pleaded to second-degree murder in October. Rivera’s statement to police led to Magbanua’s arrest.
DeCoste pointed to a number of inconsistencies in Rivera’s testimony, which he provided in exchange for a 19-year prison sentence that runs concurrently with a 12-year federal sentence he already was serving on unrelated charges.
DeCoste contended Rivera’s statement, in which he pointed to other co-conspirators, was intentionally misleading and unreliable as it was given to get himself a minimal sentence.
“Not a single thing Luis Rivera has said or done has not been impeached by other evidence or other witnesses,” he said. “Detective Isom himself said, ‘I do not trust Luis Rivera.’”
With his long criminal history and unsavory past as a leader of the Latin Kings, Rivera is far from the perfect witness. And Tara Kawass, another lawyer for Magbanua, argued at the hearing that Rivera’s statements to law enforcement are self-serving:
“The person who bought the gun in this case or provided the firearm that killed Mr. Markel, that’s Mr. Rivera,” she said in her closing statement. “The person who bought the bullets and provided the bullets that killed Mr. Markel, that’s Mr. Rivera. The person who rented the car that drove all the way up to Tallahassee to commit this murder is Mr. Rivera.
“He knows that he needs to say that Mr. Garcia is the one that did it because prosecutors would never cut a deal with the person who put two bullets in Mr. Markel.”
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But the prosecution’s position is that Rivera is far from the only piece in this puzzle:
“The main thing that he says, that we were hired by Katie on behalf of the Adelsons to come here and do this killing, makes perfect sense with all the other evidence in this case,” [prosecutor Georgia] Cappleman said. “Yes (Rivera’s) a bad guy that got a good deal. The case against her is solid.”
How solid? We’ll find out in February when this case goes to trial.
Assuming, of course, that Magbanua doesn’t cut a deal with prosecutors between now and then. Her lawyers insist that she won’t because she is innocent. Some of our readers are of the opinion that an agreement might be reached — eventually, not right now.
“It is too early to make a deal,” said one of our sources, a veteran criminal defense attorney in Miami. “The prosecutors have to feel their case is not strong before they offer a tempting resolution. The closer to the trial, the more nervous [Magbanua] will get. She won’t risk death row or life, no matter how beholden to others she may feel.”
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Judge denies bond for Katherine Magbanua [Tallahassee Democrat]
Witnesses Testify Against Suspect in Dan Markel Murder Case in Court [WTXL]
Earlier: The Dan Markel Case: Why Isn’t Katherine Magbanua Cooperating?
The Dan Markel Case: Katherine Magbanua Indicted For First-Degree Murder
The Dan Markel Case: Katherine Magbanua’s Date With Destiny
The Dan Markel Case: Is Katherine Magbanua Cutting A Deal?
David Lat is the founder and managing editor of Above the Law and the author of Supreme Ambitions: A Novel. He previously worked as a federal prosecutor in Newark, New Jersey; a litigation associate at Wachtell, Lipton, Rosen & Katz; and a law clerk to Judge Diarmuid F. O’Scannlain of the U.S. Court of Appeals for the Ninth Circuit. You can connect with David on Twitter (@DavidLat), LinkedIn, and Facebook, and you can reach him by email at dlat@abovethelaw.com.
