Dan Markel murder: State rests its case, wiretaps cross on Day 6 of Magbanua retrial | Recap

GAVEL-TO-GAVEL COVERAGE: The Tallahassee Democrat will livestream each day of the trial of Katherine Magbanua from the courthouse in Tallahassee. Watch on Tallahassee.com and on our Facebook page. For best viewing experience, download the Tallahassee Democrat app to watch and receive text alerts on when to watch – from opening arguments to the verdict. If you are having trouble seeing the livestream, click here.

Katherine Magbanua faces a jury again in the murder of acclaimed Florida State law professor Dan Markel. 

In the retrial in which testimony began on May 18, Magbanua faces charges of first-degree murder, conspiracy to commit murder and solicitation of murder in connection with Markel’s broad-daylight shooting in July 2014.

She is suspected of being the conduit between the hitmen and the family of Markel’s ex-wife Wendi Adelson, primarily her brother and mother Charlie and Donna Adelson, who have been implicated as the masterminds and financiers of what investigators say was a murder for hire. Charlie Adelson was charged last month. 

Magbanua trial Day 5: Dan Markel murder: FBI wiretaps, what's left unsaid take center stage on Day 5 | recap

Day 4: Dan Markel murder: Cell phone, money trail in Magbanua retrial spotlight on Day 4 | recap

'Necessary evil': Credibility at core as Luis Rivera connects dots in Dan Markel murder

What follows is a regularly updated reporter's notebook account of the day's proceedings from Karl Etters, who has covered all the twists in the case for the last seven years. Follow him on Twitter here.

5:30 p.m. Prosecutors rest their case

After six days of testimony, prosecutors rested their case against Katherine Magbanua Wednesday.

Defense attorneys will begin presenting their case with witnesses appearing Thursday morning.

It is still unclear whether Magbanua will testify on her own behalf or whether the father of her children, convicted Markel murderer Sigfredo Garcia, will testify.

Closing arguments could come as soon as Friday with jurors beginning deliberations the same day.

4:25 p.m. Defense presses FBI agent about inconsistencies

Magbanua’s defense attorney, Chris DeCoste, questioned FBI Special Agent Pat Sanford Wednesday afternoon, looking to highlight inconsistencies in Luis Rivera’s testimony and the theory of the case.

He pointed to Rivera saying he and Sigfredo Garcia saw Wendi Adelson and her children near Markel’s house in June 2014, a month before he was killed.

The kids were at school during the alleged sighting. FBI reports say that Rivera first told investigators he called Magbanua the day after the murder to coordinate payment.

On the stand he said she called him.

The same day, Rivera said he was at a Miami barbershop when Magbanua called him. Initial FBI reports say Rivera’s phone was miles away near Miami Beach.

Rivera’s first interviews were not recorded by investigators. Sanford said it's FBI policy not to record proffer statements unless its requested by prosecutors. Rivera’s statement on Sept. 30, 2016 came the day before Magbanua was arrested.

DeCoste pressed as to why Rivera’s social media records weren’t pulled in the case.

Rivera told jurors he posted a photo of a lion to Instagram while in Tallahassee, which Magbanua immediately called to tell him to take it down because it could be used to prove his location.

Sanford testified the photo was of an owl and that social media records were not subpoenaed.

“Is the reason why this was never requested because, the deeper we dig into Luis Rivera, the more inconstancies we’ll find?” DeCoste asked.

“Absolutely not,” Sanford replied.

DeCoste contends that FBI agents did not do a thorough investigation into Magbanua’s work as a bottle girl in which she received cash tips that would account for an increase in deposits into her bank account.

He asked why agents waited until 2020 to go to the club and why no one who worked at the club was spoken to in the hopes of illuminating for the jury just how much money she may have made.

“We have a thousands different avenues we can take. You have to take your best option to go down these rabbit holes so you don’t waste your time,” Sanford said. “If there's some truly exculpable evidence out there, we go after that and investigate it thoroughly. We follow the evidence is what we do.”

DeCoste asked Sanford about the wiretaps, saying that Magbanua was used by Charlie Adelson because she didn't know anything about the crime. By mentioning her in "the Bump," agents opened the door to Adelson crafting a way to determine if the police are suspicious of his involvement in Markel's murder.

"“Do you honestly think he would send Katherine Magbanua if she were involved to go in and talk to the FBI,” DeCoste said. “If she knows nothing then he’s protected. You open the opportunity for Charles to say ‘I can use her and it does set off any bells.’”

Sanford disagreed.

"No, because it did set off alarm bells," Sanford replied.

1 p.m. update: Wiretaps show alleged links between suspects as FBI tightens noose

FBI Special Agent Pat Sanford told jurors that Charlie Adelson couldn’t have been speaking about another crime other than the murder of Dan Markel in a secretly recorded phone call with Katherine Magbanua.

The pair met at a Miami restaurant for what prosecutors say was an attempt to shake off what they thought was a blackmailer, but was actually an undercover FBI agent who approached Adelson’s mom Donna Adelson about Markel’s murder in an operation known as “The Bump.”

Jurors heard roughly 30 minutes of the April 20, 2016 tape from the Dulce Vida restaurant.

In it, Charlie Adelson seems to coach Magbanua on how to respond to the agent, who slipped Donna Adelson a news article about Markel with "$5,000” written on it.

Rather than going to the cops, Adelson suggested, she should get Garcia, who is the father of Magbanua’s children, to kill the man, according to prosecutors' interpretation of the conversation. Adelson said he’d be willing to pay “whatever it takes” to get rid of the blackmailer.

But he contends the police had the story wrong by approaching his mother.

“They needed to talk to someone who knew what the (expletive) went on,” he told Magbanua. “And so, wouldn't it make sense that your connection to my family is me?"

He later gives precise instructions on how to handle the individual, who was actually an FBI agent.

“This is what I want you to do. I want you to call up this person and say that I got a call from some friends of mine who says that you reached out to them and that you mentioned my name."

He told Magbanua “this made national news,” mentioning the investigation was covered internationally in publications such as the BBC and the New York Times.

“Are you aware of any other incident Charlie Adelson could be referencing... other than the murder of Dan Markel?" Assistant State Attorney Georgia Cappleman asked Sanford.

“I am not,” FBI agent Sanford replied.

Sanford also testified there was no background on the case mentioned during the meeting, indicating they both already knew what they were discussing.

What followed were dozens of FBI wiretapped phone calls filled conversations in code, flirtation between Charlie Adelson and Magbanua and arguments about pinpointing who was trying to extort money from the Adelsons and how now convicted Markel killer Sigfredo Garcia should handle the situation.

Prosecutors say the suspects use codes like “rental property” for the blackmail attempt, property in Miramar — the location of the FBI offices for the region — and discussions about confusion over the phone number agents gave Donna Adelson disguised as dollar amounts.

Charlie Adelson initiated the phone calls starting April 19 that portrayed the web of suspects nervous about law enforcement zeroing in on them, Cappleman contends.

Two days later, she called Garcia, and they argued. Magbanua said she was on edge because she was mentioned by the undercover agent.

“I’m going to take care of this (expletive) problem,” Garcia said in the recorded call. "The less you know the better off. Stop talking on the phone. Bye.”

In another call later the same day, Magbanua talks in what investigators say was code to relay the number the undercover agent gave to Donna Adelson. She described a payment of $65.70, the last four digits of the phone number.

In another call with Garcia, she clearly says the entire number, calling it a real estate listing.

Garcia says he tried to call the number.

Prosecutors showed jurors a text messages between Magbanua and Garcia, which followed a meeting on April 26, 2016, between her and Charlie Adelson.

“I need to ask you about something else,” Magbanua texted.

Garcia replied: “What ever is going on with you and ur homie is your business u guys work that (expletive) out. Don’t text me.”

Magbanua calls Adelson to say she has tried reaching out to the undercover number but is having no luck. No one had called the number yet, Sanford testified.

Charlie Adelson said on multiple calls he did not know who Tuto is. The nickname for Garcia was mentioned by FBI agents who approached Donna Adelson a few days earlier.

In calls to his mother, Charlie Adelson kept her abreast of attempts to call the number.

He tells her in multiple wiretaps there have been unsuccessful attempts to call the FBI number.

“Everything else is being taken care of. They actually called the person and nobody picked up,” Charlie Adelson said in a April 27, 2016, call. “I would not worry at all. You’ve done nothing wrong, and it’s because of that you have nothing to worry about. Someone is fishing and somebody wants to make some money.”

FBI agents called the Adelson’s Tamarac dentistry practice, sending Charlie Adelson and Magbanua spiraling into an argument about someone trying to extort money from them.

“I’m trying to help you guys out but if they don’t pick up, then what the (expletive),” Magbanua said. “It’s getting aggravating. I called the number. It’s not a working number.”

Adelson lets on that he believes the blackmailers to be law enforcement.

“Find out who the (expletive) this is,” Charlie Adelson tells her.

No one had called the number yet, Sanford testified.

On the morning of April 28, Charlie Adelson called the number and spoke with the agent.

"We know. We know what’s going on and Tato (Luis Rivera) needs to be taken care of. Do the right thing," the agent told Charlie. "No more (expletive) around. This thing ain't going away."

Charlie Adelson responded: "Let me call you back."

He next calls Magbanua and the call goes unanswered.

When they do speak about an hour later, he told her about the conversation and suspicions that the agent may be a cop. He’d already mentioned on one call that the man who passed his mother the note may be with the FBI.

“‘It’s not going away. Do the right thing,'” Charlie Adelson said, quoting the agent. “He sounds like a cop or investigator or somebody that is playing games. He’ coming up with a lot of details.”

Magbanua, who does not let on she knows who Tuto and Tato are, called Garcia 20 minutes later.

“They said my name and your name,” she said, noting some of the other particulars of the call between the agent and Adelson. “It’s getting too detailed.”

When she mentioned "Tato," Rivera’s nickname, Garcia went silent before he confirms the undercover phone number again.

8:30 a.m. | Jurors start the day with undercover Dulce Vida tape

Jurors will start their morning with testimony from FBI Special Agent Pat Sanford about the Dulce Vida tape, a secretly recorded conversation between Charlie Adelson and Magbanua at a Miami restaurant by the same name.

Prosecutors are likely to rest their case by today after Magbanua's defense team cross examines Sanford. Defense attorneys signaled they have roughly 10 hours of testimony to present to jurors, including possibly calling Magbanua herself.

Read the transcript: Watch the video and hear the conversation that prompted charges against Charlie Adelson

It’s possible closing arguments in the case could happen Friday with jurors being sent home for the three-day holiday weekend to return Tuesday to begin deliberations.

The hour-long recording they will hear this morning was recently enhanced, an improvement which led to Charlie Adelson’s arrest last month.

Prosecutors say it clearly depicts he and Magbanua discussing the homicide.

During the conversation, Charlie Adelson told Magbanua that the man who intercepted his mom was a blackmailer.

Rather than going to the cops, Adelson suggested, she should get Garcia, who is the father of Magbanua’s children, to kill the man, according to prosecutors' interpretation of the conversation. Adelson said he’d be willing to pay “whatever it takes” to get rid of the blackmailer.

Prosecutors in their opening argument said after Adelson gave her “very precise instructions” on dealing with the blackmailer, Magbanua’s words are largely inaudible on the secret recording.

Magbanua defense attorney Tara Kawass said the secret video amounts to nothing against their client and “leaves you with more of a question mark than answers.”

Contact Karl Etters at ketters@tallahassee.com or @KarlEtters on Twitter.

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This article originally appeared on Tallahassee Democrat: Dan Markel murder: Katherine Magbanua trial Day 6 livestream, updates