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Florida Politics, Trial Delayed; Proffer Stays Sealed: Paradoxical Proof That Justice Is Afoot in Dan Markel Homicide Case:

Adelson FamilyChoose Robert Wheeler made two rulings this morning that on the floor could frustrate the rising universe of people that watch for decision within the homicide of Dan Markel.

But it surely might, in actual fact, point out extra progress is being made than meets the attention. …

Wheeler was offered with two large choices, and his rulings are telling.

First, a continuance

Charlie’s trial, beforehand scheduled for April, might be continued till this Summer time or Fall.

This comes after Charlie’s lawyer, Daniel Rashbaum, argued the huge quantity of proof earlier than them can’t be totally processed or investigated by April. … In his February 2023 movement to proceed, Rashbaum wrote that within the 10 months since becoming a member of Charlie’s protection, the state offered his staff “greater than 70 depositions, dozens of presidency interviews and stories, over a thousand telephonic conversations captured on wires (many in Spanish), video recordings of a number of in-person encounters, and voluminous knowledge information comprised of name element information, emails, textual content messages, WhatsApp chats, social media postings, financial institution information and different monetary paperwork.”

This fastidiously worded assertion raised questions amongst case watchers. For instance, some cautiously speculate the point out of WhatsApp means conversations between conspirators, beforehand unrecoverable, have been dropped at mild. …

On this case, proffers keep sealed

In some unspecified time in the future between November 2022 and February 2023, it seems Magbanua offered no less than two proffers to the state, spelling out her personal involvement in Markel’s killing and that of different events concerned.

We don’t know what she stated, after all, as a result of the contents of those proffers are sealed. … 

WCTV and Court docket TV filed their very own movement, asking the Court docket to launch the proffers on the grounds that the general public is statutorily entitled to the knowledge until its launch might impede the execution of justice.

Usually, proffers are thought-about public information as soon as they’re offered in discovery to protection attorneys. Nevertheless, there are a couple of circumstances during which they might stay sealed, similar to if doing so would forestall the honest administration of justice towards this defendant, or forestall different responsible events from being dropped at justice.

It seems that could very properly be the case.

Wheeler dominated Magbanua’s confessions will stay outdoors of the general public’s view till both Magbanua testifies at trial, or the tip of trial, citing his perception that releasing the interviews might current a “severe and imminent risk” to Charlie’s proper to a good trial.

Does this imply that Magbanua offered testimony towards Donna, Wendi or Harvey? Does it imply that she supplied investigators a approach to corroborate such claims? Did she supply perception as to how Charlie knew particulars about Markel’s schedule or Wendi’s odd habits on the day of his homicide?

We received’t know the solutions (but) however can say with some confidence that there’s sufficient there to justify the act of sealing.

Full TaxProf Weblog protection:

https://taxprof.typepad.com/taxprof_blog/2023/03/does-judges-delay-of-charlie-adelsons-trial-and-refusal-to-unseal-katie-magbanuas-proffer-indicate-t.html

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