DAY 1 OF MARKEL MURDER TRIAL:
Witness testimony begun Sept. 26 in the trial of two people accused in a murder-for-hire plot that killed FSU professor Dan Markel. Here's a walk-through of what happened on Day 1:
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Witness testimony started on Thursday. The attorneys are in the process of laying out their case.
About a dozen witnesses were able to take the stand following opening statements. Jurors heard from investigators on the case, the medical examiner, even the men who called the police.
"We both heard a loud bang. We weren't sure what it was," said James Geiger.
From opening statements to witness testimony, jurors in the courtroom relived the day that Dan Markel was murdered.
Geiger says that he was in the living room with his wife when he heard that noise.
"As I was looking, I noticed a car exiting Mr. Markel's driveway and then proceeding up towards Betton Road on Trescott. The car moved very quickly," said Geiger.
He didn't know it, but he was watching Dan Markel's murderer drive away.
"It just didn't feel right. I thought I'd walk into the garage and ask him if everything was okay," said Geiger.
Instead, he found his neighbor, Dan Markel.
"I yelled out again, Danny, Danny, what's happened? There was no response but his head was moving back and forth," said Geiger.
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But Geiger wasn't the only person to call 911.
"I heard a loud sound and I heard him breathing like this..*breathes*...he never spoke another word to me," said Schlazer.
Schlazer was on the phone with Markel when the shooting happened.
"He said, can you please hold on a second there's an unfamiliar person standing in my driveway, and I said yeah sure," said Schlazer.
The first day of court also set the scene after police arrived.
In the back seat of Markel's car were two car seats and some of his sons' belongings. On the floor in front of the driver's seat, half of his glasses.
The other half on the garage floor and the driver's side window broken from a bullet.
Other people to take the stand included responding officers, the medical examiners, and people who reviewed the footage of the getaway car.
But in opening statements, the defense told the jurors to consider that the prosecution's star witness may not paint the most accurate story.
"Primero of the Latin King means that you're the head of the Latin Kings," asserted Saam Zangeneh, Sigfredo Garcia's attorney. "If you're 5'4 and you're the head of a gang organization... what does that mean? It means you're a bad dude."
All three opening statements focused heavily on the third player in this murder case: Luis Rivera.
"Members of the jury, you're going to see for yourself," said Tara Kawass, Katherine Magbanaua's attorney. "I wish I could tell you what he's going to tell you in this courtroom, but I don't know. You want to know why? He has told so many different versions of what happened, that I don't know what he is going to tell you today."
Rivera was also charged with first degree murder but he took a plea deal that dropped his charges down to second degree murder and a sentence of seven years.
MARKEL TRIAL UPDATE: Andrew Brown has been dismissed. The first day of trial is over. Judge Hankinson has dismissed the jury for the day and asked them to return tomorrow morning at 8:45am. #MarkelMurderTrialWTXL
— WTXL ABC 27 (@abc27) September 26, 2019
MARKEL TRIAL UPDATE: Andrew Brown, employee from Star Metro, has been brought back to the witness stand for further questioning. #MarkelMurderTrialWTXL
— WTXL ABC 27 (@abc27) September 26, 2019
MARKEL TRIAL UPDATE: Dilmore was dismissed, for now. He is being retained as a witness for potential future questioning. Now at the stand is Marcia Rodriguez, a Digital Forensics Investigator for TPD. #MarkelMurderTrialWTXL
— WTXL ABC 27 (@abc27) September 26, 2019
MARKEL TRIAL UPDATE: Magbanua's attorney asked Dilmore what info from Magbanua he was asked to review and any references to a murder. Before Dilmore could answer the question, the state attorneys objected and Judge Hankinson sustained. #MarkelMurderTrialWTXL
— WTXL ABC 27 (@abc27) September 26, 2019
MARKEL TRIAL UPDATE: Through all of the text messages that the state attorneys asked Dilmore to look through, Dilmore says none of them reference Katherine Magbanua. #MarkelMurderTrialWTXL
— WTXL ABC 27 (@abc27) September 26, 2019
MARKEL TRIAL UPDATE: One of Magbanua's attorneys is now asking Dilmore questions about the specifics of what data is available through iCloud. #MarkelMurderTrialWTXL
— WTXL ABC 27 (@abc27) September 26, 2019
MARKEL TRIAL UPDATE: Back from the sidebar, Judge Hankinson has overruled the objection from Magbanua's attorney. The name mentioned from the phone number was "Kaddie". #MarkelMurderTrialWTXL
— WTXL ABC 27 (@abc27) September 26, 2019
MARKEL TRIAL UPDATE: State attorneys are asking Dilmore questions about a specific phone number and Magbanua's defense attorney has objected numerous times. Judge Hankinson ordered a sidebar. #MarkelMurderTrialWTXL
— WTXL ABC 27 (@abc27) September 26, 2019
MARKEL TRIAL UPDATE: Now at the stand is Mike Dilmore, an investigator for TPD that also handles digital forensics. #MarkelMurderTrialWTXL
— WTXL ABC 27 (@abc27) September 26, 2019
MARKEL TRIAL UPDATE: Before stepping down from the witness stand, Detective Dietz confirmed alterations in the videos included drawing circles around specific objects in the video and pausing the video to give the viewer time to see what is in the circle. #MarkelMurderTrialWTXL
— WTXL ABC 27 (@abc27) September 26, 2019
MARKEL TRIAL UPDATE: Detective Dietz states that he has made five alterations with updated information to the videos to follow the direction of the State Attorney's office. #MarkelMurderTrialWTXL
— WTXL ABC 27 (@abc27) September 26, 2019
MARKEL TRIAL UPDATE: Garcia's attorney is now questioning Detective Dietz about the government reaching out to him about putting the security video footage together. Dietz says he was asked to do so by the State Attorney's office in August 2019. #MarkelMurderTrialWTXL
— WTXL ABC 27 (@abc27) September 26, 2019
MARKEL TRIAL UPDATE: Dietz is describing the process of editing security clips to assist them in highlight the vehicles and people interest in the footage. #MarkelMurderTrialWTXL
— WTXL ABC 27 (@abc27) September 26, 2019
MARKEL TRIAL UPDATE: Andrew Brown has been excused by the judge. Now at the stand is Brock Dietz. Dietz is a detective for the Florida State Fire Marshal. #MarkelMurderTrialWTXL
— WTXL ABC 27 (@abc27) September 26, 2019
MARKEL TRIAL UPDATE: Andrew Brown says that the video being used for evidence was altered to attach two separate security videos on one disk, signed by Brown. #MarkelMurderTrialWTXL
— WTXL ABC 27 (@abc27) September 26, 2019
MARKEL TRIAL UPDATE: Andrew Brown is now being questioned by Garcia's attorney. Brown confirms he sat down with a state investigator to watch the video. Saw two people in a Prius. One wearing a white shirt. No other determinations could be made. #MarkelMurderTrialWTXL
— WTXL ABC 27 (@abc27) September 26, 2019
MARKEL TRIAL UPDATE: Len Harvey confirmed the dates of the security video showing Markel leaving the gym the day he was murdered. Now at the stand is Andrew Brown, an employee for Star Metro. Brown is explaining where cameras are positioned on the buses. #MarkelMurderTrialWTXL
— WTXL ABC 27 (@abc27) September 26, 2019
MARKEL TRIAL UPDATE: Len H. Harvey, director of the fitness center Markel left right before he was murdered, has taken the witness stand. #MarkelMurderTrialWTXL
— WTXL ABC 27 (@abc27) September 26, 2019
MARKEL TRIAL UPDATE: Dr. Anthony Clark says that the autopsy report was available for law enforcement on August 25th, 2014. #MarkelMurderTrialWTXL
— WTXL ABC 27 (@abc27) September 26, 2019
MARKEL TRIAL UPDATE: Dr. Anthony Clark says that the autopsy report was available for law enforcement on August 25th, 2014. #MarkelMurderTrialWTXL
— WTXL ABC 27 (@abc27) September 26, 2019
MARKEL TRIAL UPDATE: Dr. Anthony Clark says in the autopsy report, it was determined that Markel was shot in the left cheek first and then in between his eyebrows on his forehead. #MarkelMurderTrialWTXL
— WTXL ABC 27 (@abc27) September 26, 2019
MARKEL TRIAL UPDATE: Dr. Anthony Clark says in the autopsy report, it was determined that Markel was shot in the left cheek first and then in between his eyebrows on his forehead. #MarkelMurderTrialWTXL
— WTXL ABC 27 (@abc27) September 26, 2019
MARKEL TRIAL UPDATE: Dr. Anthony Clark says based on the autopsy, Markel lifted his arm up in a defensive motion when the gun was pointed at him. #MarkelMurderTrialWTXL
— WTXL ABC 27 (@abc27) September 26, 2019
MARKEL TRIAL UPDATE: Dr. Anthony Clark is currently describing the x-rays taken of Markel's body during his autopsy. #MarkelMurderTrialWTXL
— WTXL ABC 27 (@abc27) September 26, 2019
A medical examiner is explaining the wounds sustained to Dan Markel's face. Very graphic stuff. #MarkelMurderTrialWTXL @abc27
— Jada E. Williams (@JadaEWilliams) September 26, 2019
MARKEL TRIAL UPDATE: Court is now back in session after a 10-minute break. Dr. Anthony Clark, medical examiner that performed the autopsy of Dan Markel, is now at the witness stand. #MarkelMurderTrialWTXL
— WTXL ABC 27 (@abc27) September 26, 2019
Michael Shawn Yao, the forensic supervisor at TPD is on the stand. These forensic specialists are all discussing the processing and evidence that was discussing at the crime scene. #MarkelMurderTrialWTXL @abc27
— Jada E. Williams (@JadaEWilliams) September 26, 2019
William Kornegay, another TPD forensic specialist is now on the stand. #MarkelMurderTrialWTXL @abc27
— Jada E. Williams (@JadaEWilliams) September 26, 2019
Markel's eyeglasses were broken in half. One half found on the garage floor. The other half found in the car. The State is showing the broken eyeglasses right now. #MarkelMurderTrialWTXL @abc27
— Jada E. Williams (@JadaEWilliams) September 26, 2019
Dan Markel's wallet was left in the glove compartment of his car. About $100 in cash, his ID, and credit cards all left inside the wallet. #MarkelMurderTrialWTXL @abc27
— Jada E. Williams (@JadaEWilliams) September 26, 2019
We're now looking at crime scene photos. Broken glasses on the ground of the garage, the back seat of the car with two car seats, more of the broken glasses on the driver seat, the broken window with a hole consistent of the bullet hole are a few of those images. @abc27
— Jada E. Williams (@JadaEWilliams) September 26, 2019
No fingerprints or DNA strong enough to link the murderer to the crime was left on the car. #MarkelMurderTrialWTXL @abc27
— Jada E. Williams (@JadaEWilliams) September 26, 2019
Joanne Maltese, who was a forensic specialist at TPD during the murder is now on the witness stand. #MarkelMurderTrialWTXL @abc27
— Jada E. Williams (@JadaEWilliams) September 26, 2019
MARKEL TRIAL UPDATE: Day 1 Rundown (First Half)
— WTXL ABC 27 (@abc27) September 26, 2019
- Witness David Sims, dispatched to Markel's home and first officer to arrive
- Witness Stewart Schlazer, former FSU School of Arts and Sciences employee that was on the phone with Markel when he was shot #MarkelMurderTrialWTXL
Garcia's attorney has wrapped questioning for Mr. Guyger. No questioning from Magbanua's attorney's. The state is asking more questions. #MarkelMurderTrialWTXL @abc27
— Jada E. Williams (@JadaEWilliams) September 26, 2019
Sam Zangeneh- Sigfredo Garcia's attorney is now cross examining Markel's neighbor, James Guyger. @abc27 #MarkelMurderTrialWTXL
— Jada E. Williams (@JadaEWilliams) September 26, 2019
“I yelled out again, Danny, Danny, what’s happened? There was no response but his head was moving back and forth.”- James Guyger placed one of the 911 calls after Markel was shot. #MarkelMurderTrialWTXL @abc27
— Jada E. Williams (@JadaEWilliams) September 26, 2019
“It just didn’t feel right. I thought I’d walk into the garage and ask him if everything was okay.”- Dan Markel's neighbor on the shooting #MarkelMurderTrialWTXL @abc27
— Jada E. Williams (@JadaEWilliams) September 26, 2019
“As I was looking, I noticed a car exiting Mr. Markel’s driveway and then proceeding up towards Betton Road on Trescott. The car moved very quickly.”- Dan Markel's neighbor is now testifying. He said he heard the gun shot from his living room. #MarkelMurderTrialWTXL @abc27
— Jada E. Williams (@JadaEWilliams) September 26, 2019
The state is calling their first witness. That's the neighbor who found Dan Markel bleeding out in his car after hearing the gunshot. #MarkelMurderTrialWTXL @abc27
— Jada E. Williams (@JadaEWilliams) September 26, 2019
“This murderer is going to get out of jail free probably before he’s even 50.”- Tara Kawass on Rivera and his plea deal. #MarkelMurderTrialWTXL @abc27
— Jada E. Williams (@JadaEWilliams) September 26, 2019
“The man who takes pleas to save himself. He has a history of doing this. This is their star witness against Katherine.”- clear defense tactic is that Luis Rivera is an unreliable witness. #MarkelMurderTrialWTXL @abc27
— Jada E. Williams (@JadaEWilliams) September 26, 2019
Tara Kawass is making the case that Katherine Magbanua did everything in the open and by the books because she didn't anything wrong. She says her client is a pawn in the state's theory. #MarkelMurderTrialWTXL @abc27
— Jada E. Williams (@JadaEWilliams) September 26, 2019
“Justice does not come from convicting an innocent person for a crime that they did not commit.”- Tara Kawass #MarkelMurderTrialWTXL @abc27
— Jada E. Williams (@JadaEWilliams) September 26, 2019
“In walks Charlie Adelson. The second man that she has horrible taste for.”- Tara Kawass. It's clear that she wants to show that her client is brought down by the men in life but she's never done anything wrong. #MarkelMurderTrialWTXL @abc27
— Jada E. Williams (@JadaEWilliams) September 26, 2019
“Her major downfall is her taste in men... The only thing she is guilty of is having horrible taste in men.”- Tara Kawass talking about Magbanua #MarkelMurderTrialWTXL @abc27
— Jada E. Williams (@JadaEWilliams) September 26, 2019
“The State's relentless obsession with arresting the Adelson family has led to this moment with an innocent person on trial for a crime she did not commit.”- Tara Kawass on her client Katherine Magbanua #MarkelMurderTrialWTXL @abc27
— Jada E. Williams (@JadaEWilliams) September 26, 2019
“The State's relentless obsession with arresting the Adelson family has led to this moment with an innocent person on trial for a crime she did not commit.”- Tara Kawass on her client Katherine Magbanua #MarkelMurderTrialWTXL @abc27
— Jada E. Williams (@JadaEWilliams) September 26, 2019
MARKEL TRIAL UPDATE: Opening statements from Assistant State Attorney Georgia Cappleman and Sigfredo Garcia's attorney, Saam Zangeneh, are complete. 15min break time. #MarkelMurderTrialWTXL
— WTXL ABC 27 (@abc27) September 26, 2019
“You don’t get to become the head of the gang at 5’4 if you don’t prove yourself as a bad dude.”- Zangeneh on Rivera #MarkelMurderTrialWTXL @abc27
— Jada E. Williams (@JadaEWilliams) September 26, 2019
“You’re gonna hear over and over and over, Luis Rivera’s story fits the government’s theory. The target at the end of the case is not these two.”- Zangeneh on his interpretation of the state's argument #MarkelMurderTrialWTXL @abc27
— Jada E. Williams (@JadaEWilliams) September 26, 2019
Zangeneh now telling an alternative story to the state. One where Rivera comes to Tallahassee WITHOUT Garcia. His proof? FHP pulled Rivera over and noted that he was alone. He says that Rivera changes his story every time he's asked to tell. #MarkelMurderTrialWTXL @abc27
— Jada E. Williams (@JadaEWilliams) September 26, 2019
“Their focus on this case is the Adelson’s... So what do they do, they go after the low hanging fruit.”- Zangeneh on the prosecution's case. @abc27 #MarkelMurderTrialWTXL
— Jada E. Williams (@JadaEWilliams) September 26, 2019
“What did the prosecution get in return for the deal of the century?"- Saam Zangeneh, Garcia's attorney, on Luis Rivera's plea deal @abc27
— Jada E. Williams (@JadaEWilliams) September 26, 2019
Katherine Magbanua's attorney can be seen shaking her head and visisbly disagreeing to some of the state's opening statement. #MarkelMurderTrialWTXL @abc27
— Jada E. Williams (@JadaEWilliams) September 26, 2019
“Wendi Adelson had a problem. That problem was named Dan Markel. And the solution to that problem was Garcia, Rivera, and Magbanua.”- State Attorney Cappleman during opening statements.
— Jada E. Williams (@JadaEWilliams) September 26, 2019
“Dan Markel father of two young boys and highly respected law professor at FSU was shot twice in the head in his own home in broad daylight.”- Assistant State Attorney Georgia Cappleman during opening statements #MarkelMurderTrialWTXL @abc27
— Jada E. Williams (@JadaEWilliams) September 26, 2019
MARKEL TRIAL UPDATE: The jury is seated. Judge James Hankinson is reminding them the regulations of the courtroom and to avoid any sorts of outside communication about the case. #MarkelMurderTrialWTXL
— WTXL ABC 27 (@abc27) September 26, 2019
Evidence was just wheeled into the courtroom. The jury will come in any minute now. #MarkelMurderTrialWTXL @abc27 pic.twitter.com/yzZLmcj1Hi
— Jada E. Williams (@JadaEWilliams) September 26, 2019
The trial is expected to last for four weeks.
ABC 27 will be in the courtroom and will streaming the trial live, so stick with us on social media and our website for minute to minute updates.