Divided Appeals Court Affirms Ruling That Wendi Adelson Need Not Give Defense Deposition In Dan Markel Murder Trial

Tallahassee Democrat, Appeals Court Rules Against Woman Charged in Dan Markel Murder:

The First District Court of Appeal in a split decision ruled against a request from one of three people charged in the killing of Florida State law professor Dan Markel to compel his ex-wife, Wendi Adelson, to submit to a pretrial deposition [Magbanua v. Florida, No. 1D19-1875 (First Dist. Ct. App. May 31, 2019)].

Kristen Kawass, a Miami attorney representing Katherine Magbanua, argued before a three-judge panel on Wednesday that Adelson should be required to sit for a deposition so the defense can question her about the murder as part of its defense. She asked the appellate court to strike down a protective order issued by Leon Circuit Judge James Hankinson that would allow Adelson to avoid deposition.

Judge Lori Rowe wrote the majority opinion, which was issued Friday, and Judge Scott Makar wrote a concurring opinion. “Although Magbanua persuasively argues that the protective order preventing any pretrial questioning of Adelson significantly impairs her ability to prepare a defense, any material injury to Magbanua may be corrected on direct appeal,” Rowe wrote. ...

Magbanua’s lawyers served Adelson a subpoena in April, but Hankinson granted a protective order at the request of Adelson’s lawyers. Hankinson noted that Adelson planned to invoke her Fifth Amendment right against self-incrimination and a deposition would serve “no useful purpose.” ...

Judge Susan Kelsey dissented, writing that the protective order should be quashed because it departed from the essential requirements of law and caused Magbanua irreparable harm. “The law clearly requires that the Fifth Amendment privilege be asserted as to specific questions, rather than being asserted as a blanket refusal to testify as was the case here,” she wrote.

WTXL, Court Moves to Set Time Limits for Jury Selection in Markel Murder Trial

Prior TaxProf Blog coverage:

• Police Release New Details In Dan Markel's Murder (July 20, 2014)
• Memorial Tributes to Dan Markel (1972-2014) (July 31, 2014)
• Details Emerge in Murder of Dan Markel (Aug. 31, 2014)
• Dan Markel's Death Remains a Mystery Seven Months After Shooting (Feb 20, 2015)
• Dan Markel's Father Speaks To The Media For The First Time About His Son's Murder (Apr. 5, 2015)
• Remembering Dan Markel (May 3, 2015)
• Dan Markel Deserves Justice (July 18, 2015)
• Police Release New Details In Dan Markel's Murder (July 20, 2015)
• Remembering Dan Markel (Sept. 9, 2015)
• Man Arrested In Murder Of Dan Markel (May 26, 2016)
• Dan Markel Killing Investigated As Murder for Hire, 5-6 More Arrests Expected (May 26, 2016)
• Update On Murder-For-Hire Investigation Into Dan Markel's Death (May 31, 2016)
• Police: Dan Markel Was Killed In Murder-For-Hire Plot Orchestrated By Ex-Wife's Brother (June 2, 2016)
• Anatomy Of The Hit On Dan Markel (June 4, 2016)
• Update On Murder-For-Hire Investigation Into Dan Markel's Death (June 6, 2016)
• Wendi Adelson Discusses Her Ex-Husband Dan Markel's Murder: Transcript And Commentary (June 8, 2016)
• Dan Markel's Law Prof Colleagues Finger Ex-Wife's Family In Murder-For-Hire Killing (June 10, 2016)
• Update On Murder-For-Hire Investigation Into Dan Markel's Death (June 13, 2016)
• Grand Jury Indicts Two Hit Men In Dan Markel's Murder, State Attorney Expects More Indictments; Girlfriend Of Ex-Brother-in-Law Denies Ex-Wife's Family's Involvement (June 18, 2016)
• Update On Murder-For-Hire Investigation Into Dan Markel's Death: In Defense Of Charlie Adelson (June 21, 2016)
• Update On Murder-For-Hire Investigation Into Dan Markel's Death: Hit Men Thwarted In Previous Attempt To Kill FSU Law Prof (June 27, 2016)
• Update On Murder-For-Hire Investigation Into Dan Markel's Death: Charlie Adelson Denies 'Any Involvement' (July 3, 2016)
• Lawyer Denies Adelson Family's Involvement In Dan Markel's Murder, Fingers Florida State Law Students, PrawfsBlawg Readers As Possible Suspects (July 18, 2016)
• Today Marks Two Year Anniversary Of Dan Markel's Murder (July 18, 2016)
• The Adelson Family (Through Their Attorneys) Deny Any Involvement In Dan Markel's Murder (Aug. 3, 2016)
• Prosecutors Seek Records Showing Wendi Adelson's Brother Paid For Breast Enhancement Surgery For Mother Of Hit Man's Children After Dan Markel's Murder (Aug. 20, 2016)
• Judge In Dan Markel Murder Case Approves Subpoena To See If Wendi Adelson's Brother Paid For Breast Implants For Mother Of Hit Man's Children (Aug. 23, 2016)
• Police Video Released Of Wendi Adelson Being Told Of Dan Markel's Murder, Says Her Brother Joked About Hiring A Hit Man (Aug. 27, 2016)
• FBI Interview With Ex-Girlfriend Of Dan Markel's Ex-Brother-in-Law/Mother Of Hit Man's Children (Aug. 28, 2016)
• Adelson Family Will Not Be Charged In Dan Markel's Murder Despite Circumstantial Evidence Released By Police (Including $1 Million Offer To Allow Children To Move To Miami, Communication And Money Trail To Hit Men) (Sept. 9, 2016)
• Police Reach Out To Feds As Tensions Flare With Prosecutor Over Decision Not To Charge Adelson Family In Markel Murder; Ex-Brother-in-Law Discussed Killing Undercover Agent (Sept. 10, 2016)
• ABC News To Feature Dan Markel Murder Case On Friday's 20/20 Program (Sept. 14, 2016)
• Last Night's ABC News 20/20 Program On The Dan Markel Murder: In-Laws & Outlaws (Sept. 17, 2016)
• Judge Denies Change Of Venue In Trial Of Markel's Alleged Hit Man; Defense Seeks Testimony Of Other Possible Perpetrators (Sept. 29, 2016)
• Katherine Magbanua (Mother Of Hit Man's Children, Worker In Adelson Dental Practice, Girlfriend Of Charlie Adelson) Charged With Murder of Dan Markel (Oct. 2, 2016)
• More On Katherine Magbanua's Arrest In Dan Markel's Murder (Oct. 3, 2016)
• Plea Deal For Hit Man In Dan Markel Murder (Oct. 4, 2016)
• Prosecutors Zero In On Adelson Family After Plea Deal With Hit Man, Arrest Of Accomplice In Markel Murder(Oct. 5, 2016)
• Hit Man Implicates Wendi Adelson In Dan Markel's Murder (Oct. 11, 2016)
• Update: Hit Man Implicates Wendi Adelson In Dan Markel's Murder (Oct. 12, 2016)
• Wendi Adelson's Attorney Questions Credibility Of Hit Man's Statement Implicating Ex-Wife In Dan Markel's Murder (Oct. 13, 2016)
• Dan Markel's Parents Discuss With Prosecutors Emergency Placement Of Their Grandchildren Upon Forthcoming Arrests Of Adelsons (Oct. 14, 2016)
• Update On Dan Markel Murder Investigation (Oct. 15, 2016)
• More Details Emerge Linking Adelson Family To Dan Markel's Murder (Oct. 18, 2016)
• What Wendi Adelson's Novel Reveals About Dan Markel's Murder (Oct. 19, 2016)
• The Dan Markel Murder Investigation: Why Was Katherine Magbanua's First Degree Murder Charge Reduced To Second Degree Murder? (Oct. 25, 2016)
• CrimeStoppers Reduces Reward For Tips In Dan Markel Murder Investigation From $25k To $3k (Oct. 26, 2016)
• Wendi Adelson's Novel: Art Imitating Life? (Oct. 27, 2016)
• Experts Expect Charlie And Donna Adelson To Be Charged In Dan Markel's Murder (Oct. 30, 2016)
• The Dan Markel Murder: Fascinating Details About The Adelson Family Dynamics (Nov. 4, 2016)
• The Dan Markel Murder Case: Who Is (Or Was) Paying The Killers' Attorneys' Fees? (Nov. 13, 2016)
• Prosecutors To Seek First Degree Murder Charge Today Against Katherine Magbanua In Grand Jury Proceedings In Dan Markel's Murder (Nov. 29, 2016)
• Grand Jury Charges Katherine Magbanua With First Degree Murder In Killing Of Dan Markel (Nov. 30, 2016)
• Katherine Magbanua Pleads Not Guilty To First Degree Murder In Killing Of Dan Markel, Trial Set For February; Prosecutors Still Hope She Will Implicate Adelsons (Dec. 7, 2016)
• Judge Denies Bond For Katherine Magbanua, Charged With First Degree Murder In Killing Of Dan Markel (Dec. 11, 2016)
• Does The Prosecution Believe (And Can It Prove) That Wendi Adelson (And Not Charlie Or Donna) Hired Katherine Magbanua And Sigfredo Garcia To Kill Dan Markel? (Dec. 14, 2016)
• 'The Prosecution Does Not Believe That Wendi Ordered The Hit' On Dan Markel (Dec. 17, 2016)
• Wendi Adelson's Lawyer Lists Seven Reasons That 'Conclusively Establish Her Innocence' In Dan Markel's Murder — And Monitors Web Comments That May Give Rise To Defamation Actions Against Those Proclaiming Her Guilt (Dec. 20, 2016)
• Tallahassee Crimes Of The Year: The Murder Of Dan Markel (Dec. 29, 2016)
• Katherine Magbanua's Murder Trial In Killing Of Dan Markel Is Delayed As Two Inmates Say Alleged Hit Man Sigfredo Garcia Implicated Charlie And Donna Adelson (Feb. 7, 2017)
• Two Prison Inmates Provide Link To Adelsons In Dan Markel's Murder (Feb. 15, 2017)
• Lawyers For Adelsons, Magbanua Attack Prosecution's Case Against Their Clients In Dan Markel Murder (Feb. 22, 2017)
• Magbanua’s Attorneys Chide Prosecutors' Fishing Expedition To Determine Who Is Paying Her Attorneys' Fees In Markel Murder Case (Mar. 28, 2017)
• One Year After Arrest Of Alleged Hit Man, Prosecutors Are No Closer To Charging Adelsons In Murder Of Dan Markel, Despite 'Mountain Of Strong But Circumstantial Evidence' (May 25, 2017)
• Trial Date Set For Alleged Hit Man In Dan Markel's Murder (June 21, 2017)
• On Three Year Anniversary Of Dan Markel's Murder, Wheels Of Justice Continue To Turn Slowly (July 19, 2017)
• Another Cellmate Implicates Hit Man In Dan Markel's Murder (Sept. 21, 2017)
• People Magazine Investigates: Who Killed Dan Markel? (Dec. 21, 2017)
• Who Had Dan Markel Killed? (Jan. 18, 2018)
• New Charges Filed Against Two Suspects In Dan Markel's Murder (Feb. 9, 2018)
• Prosecutors Admit They Are No Closer To Arresting Other Suspects In Dan Markel's Murder (Feb. 12, 2018)
• Accused Hit Man In Dan Markel's Murder Pleads Not Guilty To New Charges (Mar. 9, 2018)
• Charges Consolidated For Katherine Magbanua (Mother Of Hit Man's Children, Worker In Adelson Dental Practice) In Murder Of Dan Markel (Mar. 27, 2018)
• Dan Markel's Parents Break Their Silence Tonight On NBC's Dateline (Apr. 13, 2018)
• Wendi Adelson's Billionaire Boss Says Prosecutors Have Concluded She Had Nothing To Do With Dan Markel's Murder (Apr. 23, 2018)
• Judge Grants Prosecutors' Motion For Joint Trial Of Markel Murder Suspects, But Warns 'Be Careful What You Wish For'; Post July 18, 2014 Statements Are Now Inadmissible As Evidence (June 21, 2018)
• Autopsy Report Reveals New Details In Dan Markel's Murder (July 9, 2018)
• Dan Markel’s Parents Release Statement On Four-Year Anniversary Of His Murder (July 21, 2018)
• Prosecutors Investigate Whether Magbanua Sister-In-Law's Alleged $1.2 Million Embezzlement Was Used To Pay Defendant's Attorneys' Fees In Dan Markel Murder Case (July 31, 2018)
• Oct. 8 Murder Trial Of Suspects In Dan Markel's Murder Is Delayed, Perhaps For Five Months (Sept. 19, 2018)
• June 3, 2019 Trial Date Set For Suspects In 2014 Dan Markel Murder (Nov. 26, 2018)
• Dan Markel's Murder: The Podcast (Mar. 1, 2019)
• Dan Markel's Parents Want Justice As Suspects Finally Head To Trial In Murder-For-Hire Case (Apr. 29, 2019)
• Hit Man's Lawyer Seeks Continuance Of June Trial Four Years After Dan Markel's Murder Due To Girlfriend's Pregnancy (May 4, 2019)
• Judge Rules Wendi Adelson Need Not Give Defense Deposition, Denies Continuance In Dan Markel Murder Trial (May 10, 2019)
• Judge Denies Third Request For Delay In June 3 Trial Of Suspects In Dan Markel's 2014 Murder (May 23, 2019)
• Judge Delays June 3 Trial Date In Dan Markel's Murder Due To Newly Discovered Cell Phone Data (May 25, 2019)
• Dan Markel's Murder: The TV Series (May 26, 2019)