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Court holds hearing to include, exclude evidence in Magbanua trial

Posted at 7:12 PM, Apr 29, 2022
and last updated 2022-05-18 10:31:49-04

TALLAHASSEE, Fla. (WTXL) — Friday morning's hearing was meant to allow the state and the defense to make their case for why certain evidence should or should not be allowed during Katherine Magbanua's trial.

Part of that evidence, the un-enhanced 2016 FBI video recording of Magbanua and Markel's ex-brother in law Charlie Adelson talking in a South Florida restaurant.

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

Jurors were allowed to listen to the video, but it was hard to hear anything.

The state is asking that the original video and an enhanced video both be shown during the trial. The enhanced video includes subtitles and was also shown to the grand jury that indicted Adelson in Markel's murder.

Friday, Judge Robert Wheeler agreed that the un-enhanced video could once again be used.

ABC 27 talked to Criminal Defense Attorney Don Pumphrey's about the importance of allowing jurors to see both videos.

"It's a big deal to maintain credibility with the jury," said Pumphrey. The minute that a prosecutor or law enforcement have the appearance of 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 make a decision on Tuesday on whether or not that enhanced video will also be allowed.