Today in Miami Dade County Florida jury selection begins for one of my former clients Adam Kaufman. Kaufman is charged with the second degree murder of his wife Eleonora.
I represented Kaufman while he was being investigated by the police, and was not retained for any post arrest proceedings. I of course can not and will not discuss any confidential information I have in this post.
An issue in this case is whether a crime has occurred. If a crime has not occurred there is no homicide and hence there can be no conviction. This is not a “who done it” but rather a “what happened”. If the prosecution can prove that Kaufman’s wife was strangled Kaufman will be convicted. If the defense can prove that her death was from an accident, (spray tan reaction, heart issues) Kaufman will be acquitted.
What is not going to be at issue in this trial is motive. Under Florida law the prosecution does not have to prove a motive to get a conviction. As an example if Kaufman and his wife were fighting that evening and he strangled her as a result of the fight, that is not something the prosecution is required to prove. Also what she was doing that evening is not something the prosecution must prove. Kaufman of course does not have to prove anything. The burden of proof remains on the State ofFlorida, until it is overcome by the evidence.
Cause of death is going to be the key issue in this case. If the defense experts can convince a jury that her death was not as a result of strangulation, Kaufman will walk. If the jury believes the prosecution experts that she died at the hand of her husband, Kaufman will be convicted.
Tune in to Nancy Grace HLN tonight for more of my thoughts on the case.
Commentary by Miami Criminal Defense Attorney Yale Galanter
Yale Galanter, a Miami criminal defense lawyer, has over 30 years of experience providing discreet and aggressive legal counseling to both public figures and clients looking for precise and excellent legal defense. Yale Galanter is known for his personal representation and attention to your criminal matter.
If you or someone you know is in need of legal representation for traffic crime offenses, drug possession, domestic violence, violent crimes, burglary, and/or theft, please contact Galanter at (305) 576-0244 or (954) 524-6600.