GUILTY FL - Dan Markel, 41, FSU law professor, Tallahassee, 18 July 2014 - #2 *Arrests*

[LiveLaughLove]

I re-read post #542. I don't get it. Daniel Markel never requested any investigation of finances beyond his marital finances, including the family dental practice, Charlie, or Dad....and there was ZERO possibility whatsoever than any of these other individuals were going to get dragged into a divorce settlement dispute. There was no document filed with the court to look into anyone else's finances. It was about his marital finances. Period.If you read these documents you see that Daniel Markel was not fooling around- he made every single allegation possible, and then some- so these ideas are silly given the evidence. I can't imagine he left anything out.
Those suggesting this might have "led to" disclosures regarding the family's dental practice might not understand the rules of divorce litigation. That's not really possible. Daniel made very specific requests (e.g., account numbers for retirement accounts) that did not require looking beyond marital accounts.
There's no need to invent theories when the court documents show everything - someone should post them!

Daun, ask someone to please post a copy of a BLANK Family Law Financial Affidavit and Interrogatories so that everyone can see how this works....use the forms from 2012 just incase anything has changed procedurely on those forms...the long form financial affidavit would need to be used because the assets/income is over $50,000. Everyone else will then be able to see how this works and can see where IT WAS headed if Dan HAD NOT BEEN MURDERED.....you are "legally required" to not only disclose joint or individual accounts on the Original Financial Affidavit WA filed back in 2012 ...you are required by law to disclose EVERYTHING even those checking accounts, money markets, certificates of deposits, retirement accounts like Vanguard, etc. gifts, titles of cars , boats , deeds, property owned individually , JOINTLY WITH your spouse or ANY OTHER INDIVIDUALS like a mother, father or brother. Even safe deposit boxes that you may be an signer or key holder/allowed to open are to be disclosed. Safe deposit boxes hold jewelry or proof of other documents of cash, accounts etc. You are required to to turn over and all copies of any of these things that apply , you can't hide them...even copies of safe deposit records have to be turned over.

Normally it is not illegal to receive gifts from your parents. So long as you report them for tax purposes, report interest etc. However, it becomes ILLEGAL to NOT REPORT said gifts received during the marriage (or even during the separation) on YOUR FINANCIAL AFFIDAVIT . It's Mandatory Rule 12.85 and if you commit fraud by hiding these things ON YOUR FINANCIAL AFFIDAVIT it is the ONE crime in Family Law proceedings that doesn't expire or have a statute of limitations. Given WA is an officer of the Court if she has a false financial affidavit in there it could KILL her legal career, because it involves an attorney lying about the one thing the bar doesn't like to let you lie about ....money. You lose all trust to handle the big things that require the general public to trust you to handle properly that you are entrusted. The point is that if Dan was right, which IMHO, I believe the man was absolutely right and there is a false affidavit false instrument signed under oath under penalty of perjury by WA sitting in the Courthouse. I think Dan asking for the records to prove this lie got him killed along with the other two motives. These records would prove if there were gifts to WA and they would also contain account numbers that provided the said gifts. They would also prove if Ms. special daughter is a liar in her own field. The big thing is this in their eyes would have been a "career killer" for WA and my gosh these people can't even admit/comment on being accused of murdering their grandchildren's Father. Appearances matter big time, which I hope turns into first appearances for these people that are responsible for taking a life. Again, I don't care attorney or not, I would not shut up about being accused of something I didn't do. I also don't think there is only one motive here ...hence the LE comment about 5 or 6 possible arrests for ONE murder. Think about it. Dan started filing stuff again around February 2014 (Valentine's Day to be exact) starting down the path about WA possibly having filed a false financial affidavit. Dan wanted the records that would possibly prove it. Dan filed a Motion to Compel the records that would possibly prove it all while simultaneously filing for DA not to be allowed to stay by herself with her grandchildren (that HAD NOT YET been decided by a Judge, either. At the time of the murder DA was still allowed around the children by herself). Think about this....Dan rocked their boat by accusing their special daughter of fraud that would possibly end those special accolades WA was so loved and admired for by her family. Remember the shrine? . Dan wanted these records that may possibly prove WA was not that special if she can't even follow the law she studied to be able to practice. Dan wanted to put an end to some things in their eyes, like DA being able to babysit while WA went out and worked to become even more special. Where is Dan right now and where the h... is Wendi right now? Dan's dead. Wendi is finally getting to do what she wanted to do since Septmember 2012 . What was that particular plan? The records in the courthouse, heck the docket entries alone will tell you most of what that plan was back in 2012. Wendi wanted to move back down to Miami open her own immigration practice near her family and have her Mom, Donna Adelson babysit her children while she went to work to become even more admired. Guess what? Wendi tells you herself in her writing podcast. Her Mom is literally babysitting her two boys as she tells you about her new law practice down south and she and her boys are living with her parents. Dan's dead. Oh and Dan's definitely not ever going to move somewhere else, further away, to start a life with someone that may have outshone and eclipsed their daughter and in her own profession, too.

 

[0101ABA]

Can anyone post a link for us Millennials that don't have cable?

is this nancy grace thing available to watch online?

I don't believe most of Nancy Grace's shows can be watched online. However, by tomorrow they should have a rush transcript available that myself or someone else familar with her show can post and then an official transcript will be posted in a few days. Hope this helps!

eta: It is not yet available, but when it is, the transcript will able accessible from here
http://transcripts.cnn.com/TRANSCRIPTS/ng.html

 

[Daun1234]

Here is the last court filing before the first murder attempt- filed on May 5, 2014, a month before Rivera and Garcia first drive to Tallahassee.
Page 9 is juicy.
This is the only one I have saved- there are a bunch of these from 2014.

 

[Wyle_E_Coyote]

Here is the last court filing before the first murder attempt- filed on May 5, 2014, a month before Rivera and Garcia first drive to Tallahassee.
Page 9 is juicy.
This is the only one I have saved- there are a bunch of these from 2014.

Do I have the timing right... it was right after this was filed that her attorney suddenly realized she had a conflict of interest?

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[Daun1234]

If any one of Adelsons was involved this shows an incredible amount of desperation. Desperation that overwhelmed all rationality. With ongoing divorce warfare of course LE would zero in on them from day 1.

I wonder if LE was overwhelmed investigating angry bloggers, rabbis, former students, colleagues he had conflicts with, Dan's new gf's ex-husband, etc.
Because if it was so obvious why did it take 2 years for arrests?

I know around town many have presumed WA was innocent because she talked to the police, and what kind of lawyer commits a crime then talks to the police?
Maybe that plays into this.

 

[clearskies1]

I wonder if LE was overwhelmed investigating angry bloggers, rabbis, former students, colleagues he had conflicts with, Dan's new gf's ex-husband, etc.
I know around town many have presumed WA was innocent because she talked to the police, and what lawyer commits a crime then talks to the police?

I don't think her initial cooperation changed much in LE's mind. If she hadn't talked to LE that would have been the biggest red flag ever. JMO.

 

[LiveLaughLove]

Here is the last court filing before the first murder attempt- filed on May 5, 2014, a month before Rivera and Garcia first drive to Tallahassee.
Page 9 is juicy.
This is the only one I have saved- there are a bunch of these from 2014.

Thank you for putting up anything that you saved. I have wanted to ask another friend of Dan's that is an attorney to come on here and comment, but I don't know if the person is up for it, yet. I think all of us were expecting that this would be at least at the arresting the other parties stage by now. Or hopeful wishful thinking that the Adelsons might just give up and stop this s... show. The amount of LE and SAO manpower resources that is continued to be used on this case has got to be enormous.

 

[miamiheat]

Do I have the timing right... it was right after this was filed that her attorney suddenly realized she had a conflict of interest?

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Yes if I recall correctly. I believe someone speculated previously that the conflict could have been that in order to save her own license, the divorce attorney might have had to throw WA under the bus by stating that WA never provided all of the financial records requested by her attorney to give to the court.

ETA: yes, looks about 99% clear that this is what the conflict would have been. Dan's memo in support of his motion to enforce the MSA even mentions the conflict at the top of page 11. If the content of this memo is accurate, WA and her lawyer were apparently pointing fingers at each other.
https://drive.google.com/a/edgecomblegal.com/file/d/0B016K5QeoEHoZ0hxSUE1NTUtY3c/view?pref=2&pli=1

 

[Daun1234]

Thank you for putting up anything that you saved. I have wanted to ask another friend of Dan's that is an attorney to come on here and comment, but I don't know if the person is up for it, yet. I think all of us were expecting that this would be at least at the arresting the other parties stage by now. Or hopeful wishful thinking that the Adelsons might just give up and stop this s... show. The amount of LE and SAO manpower resources that is continued to be used on this case has got to be enormous.

Would be great to have someone like that, an insider, join the discussion.

Of course that can be a mixed bag. The "Justice for Dan" page kept posting updates about the rabbi theory again and again... and, sounding like they had inside information, wrote that it was never fully investigated by police.
Next think you know I'm at the grocery store overhearing that Daniel Markel was murdered by rabbis and that the police never even investigated it.
Of course this turned out to be total BS, but many were convinced by the supposed "insider" nature of the posts.

But an accurate verified insider could maybe clear up some of the speculation here on many issues!

 

[86Violet]

Yes if I recall correctly. I believe someone speculated previously that the conflict could have been that in order to save her own license, the divorce attorney might have had to throw WA under the bus by stating that WA never provided all of the financial records requested by her attorney to give to the court.

yes, I have the filing and will try to upload it later. Basically, she said it was a conflict of interest because by accusing WA of failing to disclose there were implications of failure to disclose by the attorney as well. This was included in her motion. Yes, it creates a conflict because if there were undisclosed assets and the attorney was aware of them, she would be sanctioned/disciplined by the bar. If she was not aware of them, she would be in a position of having to defend herself by accusing her client of failing to disclose, which would put her in a position adverse to her own client. A lawyer cannot take a position adverse to her own client, so she had to withdraw.

 

[86Violet]

Would be great to have someone like that, an insider, join the discussion.

Of course that can be a mixed bag. The "Justice for Dan" page kept posting updates about the rabbi theory again and again... and, sounding like they had inside information, wrote that it was never fully investigated by police.
(As if the police share such things with friends of murder victims during an ongoing investigation).
Next think you know I'm at the grocery store overhearing that Daniel Markel was murdered by rabbis and that the police never even investigated it.
Of course this turned out to be total BS.

But an accurate verified insider could maybe clear up some of the speculation!

So true! The Justice for Dan page was such BS... The rabbis were a total red herring and those close to the A family were desperate to make that narrative fit. Hopefully they are finally facing reality and admitting that the people they knew and cared about were not who they thought they were...

 

[tallyeng]

Here is the last court filing before the first murder attempt- filed on May 5, 2014, a month before Rivera and Garcia first drive to Tallahassee.
Page 9 is juicy.
This is the only one I have saved- there are a bunch of these from 2014.

I could feel the heat just reading that document. Dang.

 

[Razz]

Would be great to have someone like that, an insider, join the discussion.

Of course that can be a mixed bag. The "Justice for Dan" page kept posting updates about the rabbi theory again and again... and, sounding like they had inside information, wrote that it was never fully investigated by police.
Next think you know I'm at the grocery store overhearing that Daniel Markel was murdered by rabbis and that the police never even investigated it. Of course this turned out to be total BS.
But an accurate verified insider could maybe clear up some of the speculation!

If you've (I am referring to everyone here) read all the Posts since the arrest, I think you'd find that there have been/are currently some insiders posting from "both sides." (Even though it's not always obvious). One of the reasons WS is popular is because you don't have to post under your true identity. It makes for great discussions and is quite thought provoking.



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[miamiheat]

Some highlights:
1. At Page 9 of the memo, Dan specifically accuses WA and her attorney of breaching the FL Bar ethical rules. Also at Page 9, Dan says that WA's conduct is unbecoming of a law professor. I wonder if he also expressly threatened to report her to the Bar as attorneys are required to notify the Bar of unethical conduct by another attorney. I also wonder if he expressly threatened to notify the FSU Law administration of her alleged unethical conduct. Here he's tacitly threatening her license and her livelihood. If her license were yanked that would be the end of her reputation and her meal ticket. That's very serious. Dan said she failed to list on her financial affidavit two accounts worth more than $200,000 and claimed a value of $0 for her car, jewelry and personal property. Dan also said that the accounts came to light in subsequent discovery. If what Dan says is true, and if he had solid documentation of those accounts and knowing failure to disclose (a big if!), he would have had a pretty solid footing to report WA to the Bar and seek serious sanctions. This is something that would scare any lawyer.
2. At Page 11 Dan notes that WA's previous ("board-certified") lawyer advised her against filing the motion to relocate as the request had no foundation in law and therefore would have been frivolous. It's unclear how Dan got this information. After he refused to file the motion, WA then replaced that lawyer, and her new lawyer filed the motion to relocate anyway and then turned around and stipulated to the court's denial of the motion. So it looks like WA and her family were driving the bus in the divorce proceedings, not their lawyers.
3. Dan says WA pledged in her deposition to return the family heirloom ring of a Holocaust survivor upon request, but then failed to return the ring after being specifically asked by Dan's uncle. The ring had been reported previously but I don't think the alleged refusal to return the ring had been discussed.

 

[Daun1234]

Dan says WA pledged in her deposition to return the family heirloom ring of a Holocaust survivor upon request, but then failed to return the ring after being specifically asked by Dan's uncle. The ring had been reported previously but I don't think the alleged refusal to return the ring had been discussed.

Is a promise made in a legal deposition legally binding?
And with all money this family has, why wouldn't she just give it back?

 

[miamiheat]

I have the sense that people who knew the victim and the suspects/persons of interest have been treading VERY lightly. No one wants to be accused of defamation/slander, and people who personally know the parties involved don't want to sound like jerks by smearing or speculating about a former colleague/acquaintance. Also many of those people are attorneys so they at least have to pay lip service to "innocence until proven guilty" even if they have suspicions. With Justice for Dan, I got the sense that the administrator(s) felt gross about accusing the A family of having been involved, so they tried to take an "all sides" approach and introduced stories covering the other angles, though they seemed to actively avoid posting speculation about the A family until the arrests were made. Once the new arrests came to light and the links to the family were revealed, the FB page started focusing on the family angle. The fear of making accusations is raised in a quote from one of Dan's former colleagues in this article:
http://www.people.com/article/murdered-florida-law-professor-colleagues-suspected-divorce-link

 

[tallyeng]

Some highlights:
1. At Page 9 of the memo, Dan specifically accuses WA and her attorney of breaching the FL Bar ethical rules. Also at Page 9, Dan says that WA's conduct is unbecoming of a law professor. I wonder if he also expressly threatened to report her to the Bar as attorneys are required to notify the Bar of unethical conduct by another attorney. I also wonder if he expressly threatened to notify the FSU Law administration of her alleged unethical conduct. Here he's tacitly threatening her license and her livelihood. If her license were yanked that would be the end of her reputation and her meal ticket. That's very serious. Dan said she failed to list on her financial affidavit two accounts worth more than $200,000 and claimed a value of $0 for her car, jewelry and personal property. Dan also said that the accounts came to light in subsequent discovery. If what Dan says is true, and if he had solid documentation of those accounts and knowing failure to disclose (a big if!), he would have had a pretty solid footing to report WA to the Bar and seek serious sanctions. This is something that would scare any lawyer.
2. At Page 11 Dan notes that WA's previous ("board-certified") lawyer advised her against filing the motion to relocate as the request had no foundation in law and therefore would have been frivolous. It's unclear how Dan got this information. After he refused to file the motion, WA then replaced that lawyer, and her new lawyer filed the motion to relocate anyway and then turned around and stipulated to the court's denial of the motion. So it looks like WA and her family were driving the bus in the divorce proceedings, not their lawyers.
3. Dan says WA pledged in her deposition to return the family heirloom ring of a Holocaust survivor upon request, but then failed to return the ring after being specifically asked by Dan's uncle. The ring had been reported previously but I don't think the alleged refusal to return the ring had been discussed.

You know who could have figured this out for everyone? Judge Judy.


This is ridiculous. OUTRAGEOUS!

OUTRAGEOUS MA'AM.

Case dismissed!

 

[miamiheat]

Not legally binding as far as I'm aware but just not a good look if it's true. Here Dan was making "equitable" arguments and accusing WA of acting in bad faith. So far as I can tell he's just cataloguing all the things she did that he claims were either fraudulent, unethical, vexatious, or just generally let's say d--kish, and this is one of the examples he adds to the list in hopes that the court will look to all the bad conduct he alleges and make a ruling in favor of Dan and against WA (and possibly against her counsel). WA allegedly made a pledge, he relied on her pledge, and she allegedly broke the pledge, according to Dan. If true, on top of all the other evidence, it would support Dan's claim that WA was acting with unclean hands. Again, assuming what Dan says was true.

 

[Jen Darme]

Do I have the timing right... it was right after this was filed that her attorney suddenly realized she had a conflict of interest?

Ten days later per the case report and a month after that DM switched lawyers for a second time. WA went through two lawyers, DM three.

That motion should've been no more than a few matter-of-fact pages, compelling her to disclose her retirement and brokerage accounts. The rest is legal venom, within the letter of the law but not the spirit. Sadly neither showed respect for the judicial process, they used and abused it. Maybe it was her sense of entitlement but given the timing, that she filed and caught him off guard, they were not emotionally on the same page. He hadn't come to grips with his emotions and allowed them to drive his legal actions.

Just to be clear: He did NOT deserve to die, he did not deserve to be the victim of any violence.

 

[Daun1234]

I have the sense that people who knew the victim and the suspects/persons of interest have been treading VERY lightly. No one wants to be accused of defamation/slander, and people who personally know the parties involved don't want to sound like jerks by smearing or speculating about a former colleague/acquaintance. Also many of those people are attorneys so they at least have to pay lip service to "innocence until proven guilty" even if they have suspicions. With Justice for Dan, I got the sense that the administrator(s) felt gross about accusing the A family of having been involved, so they tried to take an "all sides" approach and introduced stories covering the other angles, though they seemed to actively avoid posting speculation about the A family until the arrests were made.

It's okay to be wrong. Because of Websleuth's policy against sleuthing family members, 95% of the posts in the first thread are completely wrong.
But, if you read through Justice for Dan, most of the official posts are about the rabbi theory; there were also suggestions that the FBI should get involved (they already were) and assurances that WA and her family could not possibly be involved.
That's not an "all sides" approach, it's an uninformed and ultimately false narrative put out there by an "official" group. It was helpful WA, DA, and CA, but no one else.
I think the Websleuths approach is much better. There are probably some insiders, but no one here is arrogant enough to claim they know more than anyone else- at least at this point.