Court holds hearing to include and exclude evidence in Magbanua trial

Friday morning’s hearing was for the state and defense to explain why certain evidence should or should not be allowed in Katherine Magbanua’s trial.

Part of that evidence is the unenhanced 2016 FBI video recording of Magbanua and Markel’s ex-brother-in-law, Charlie Adelson, speaking at a South Florida restaurant.

The video was taken by undercover agents in April 2016 at Dolce Vita and was used in Katherine’s first trial in 2019.

The jurors were allowed to listen to the video, but it was difficult to hear anything.

The state is asking that the original video and an enhanced video be released during the trial. The enhanced video includes closed captions and was also shown to the grand jury which indicted Adelson with Markel’s murder.

Today Judge Robert Wheeler agreed that the unenhanced video could be used again.

ABC 27 spoke to criminal defense attorney Don Pumphrey about the importance of allowing jurors to see both videos.

“It’s a big deal to maintain credibility with the jury,” Pumphrey said. Anytime a prosecutor or law enforcement looks like they’re trying to hide something in today’s society, it has a very negative impact on the state’s case. So I think it’s an appropriate strategy, and I think it’s a wise one.”

The court is expected to rule Tuesday on whether or not to allow the enhanced video.

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