GUILTY FL - Dan Markel, 41, FSU Law Professor, Tallahassee, 18 July 2014 *arrests* #11

[clearskies1]

Years ago, I remember watching the 20/20 episode where Ms. Cappelman said she didn’t have enough evidence to bring in the Adelson family. Things have obviously changed in that the Dolce tape has been enhanced, and that you could clearly make out that Charlie was discussing, in code, the murder and the possibility of being caught. That enhanced tape was why Charlie’s arrest was made possibly. I’m not sure how much more evidence they have on Donna and Wendi, but Garcia’s attorney in that above interview I posted from years back - he said detectives have been monitoring Donna and Wendi 24/7 - so much so that they don’t even try to hide from the Adelson’s anymore. For all we know a Grand Jury could be convening in the next coming weeks since has been found guilty of all 3 charges. Let’s hope!! But honestly, I’m still on the fence whether or not The State feels they have enough to charge and convict Donna and Wendi. Am I right that all we’ve seen are the nasty emails between them about Dan, and the back and forth calls to each other? Is this enough To charge them also ? I hope, but it hasn’t happened thus far, but maybe with KM’s conviction - it bolsters the States case. Crossing my fingers.

Agree. The prosector was always very cautious in bringing charges against CA. I think the probable cause affidavit for CA was leaked years before CA's actual arrest -- apparently because of a serious difference of opinion between LE and the prosecutor's office, with LE wanting CA arrested but the prosecutor putting the brakes on. I think the State wants very solid proof to make arrests. Prosecutor refused to arrest former brother-in-law of slain law prof Dan Markel

 

[Ferpo]

Lots of discussion right now online with attorneys (including SF's lawyer!) about how KM can still cooperate with the State.

Here is the 921.186 language

 

[Gypsy Road]

Agree. The prosector was always very cautious in bringing charges against CA. I think the probable cause affidavit for CA was leaked years before CA's actual arrest -- apparently because of a serious difference of opinion between LE and the prosecutor's office, with LE wanting CA arrested but the prosecutor putting the brakes on. I think the State wants very solid proof to make arrests. Prosecutor refused to arrest former brother-in-law of slain law prof Dan Markel

As frustrating as it is because we all want the Adelsons arrested LIKE YEARS AGO, I really appreciate Ms. Cappleman’s caution. She is very methodical and is getting all her ducks in a row so that chances for future convictions are as solid as they can be. Really hoping a Grand Jury is looming!

 

[Gypsy Road]

Lots of discussion right now online with attorneys (including SF's lawyer!) about how KM can still cooperate with the State.


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Ooooo thank you!

 

[clearskies1]

Lots of discussion right now online with attorneys (including SF's lawyer!) about how KM can still cooperate with the State.


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I'm confused because there are only two possibilities for 1st degree murder in Florida: life in prison or the death penalty. Is there an explanation as to what kind of deal can be made?

 

[clearskies1]

DBM

 

[GordonX]

I'm confused because there are only two possibilities for 1st degree murder in Florida: life in prison or the death penalty. Is there an explanation as to what kind of deal can be made?

the State can make a motion to reduce sentence with cooperation. i'm not saying they will or if they do that they'll offer much at this point. and i'm not sure KM will offer especially if she's still under the influence of her current attorneys who IMO have an alternative agenda.

 

[AlferdPacker]

How could her attorneys convince her to do life in prison rather than cooperate?

 

[Mariposa]

Old but interesting clip interviewing SG’s trial attorney. He speaks about KM and the many deals she was offered…and a few more interesting tidbits!

Thank you— Zangeneh says a lot of interesting things here! This was from a few years ago after the first trial but he seems to say KM might be able to get some deal with the state even if convicted and even if she lied about what she knew when testifying on her own behalf.

Also he says he didn’t think SG if he testified would be a good witness for KM. And of course he was never called as it turned out. Probably because he’d have to make a lot of stuff up and the prosecutors would eat him alive, and he’s the guy who shot DM in the face twice at close range.

And what he says about the Adelsons being watched constantly by law enforcement…

 

[Ferpo]

I'm confused because there are only two possibilities for 1st degree murder in Florida: life in prison or the death penalty. Is there an explanation as to what kind of deal can be made?

I am wondering too. 921.186 makes it sound like the judge would have some more options with sentencing but this is where a lawyer would have to jump in here. Perhaps the judge can elect for her to serve her sentences in parallel rather than sequentially but that still would be life in prison. Or as suggested earlier, they could work out a deal where she is incarcerated at the women's Homestead CI, near Miami, for easier visitation by her kids.

 

[ilovewings]

I have followed this case sporadically over the years- there are so many characters involved I lost count but happy this person was found guilty. My feeling has always been: I hope they get his ex wife- I believe she was behind the hit-- Dan Markel was a good man and his murder was heart breaking. I am sure his ex wife has brain-washed his children so they will think he was a horrible person. Very sad.

 

[AlferdPacker]

The 2021 Florida Statutes

Title XLVII CRIMINAL PROCEDURE AND CORRECTIONS Chapter 921 SENTENCE View Entire Chapter 921.186 Substantial assistance.—Notwithstanding any other law, the state attorney may move the sentencing court to reduce or suspend the sentence of any person who is convicted of violating any felony offense and who provides substantial assistance in the identification, arrest, or conviction of any of that person’s accomplices, accessories, coconspirators, or principals or of any other person engaged in criminal activity that would constitute a felony. The arresting agency shall be given an opportunity to be heard in aggravation or mitigation in reference to any such motion. Upon good cause shown, the motion may be filed and heard in camera. The judge hearing the motion may reduce or suspend the sentence if the judge finds that the defendant rendered such substantial assistance. History.—s. 1, ch. 2010-218.

 

[Mariposa]

Lots of discussion right now online with attorneys (including SF's lawyer!) about how KM can still cooperate with the State.

Here is the 921.186 language
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I pasted the language from the statute you linked below. So Zangeneh makes it sound like this could happen even after she is sentenced.
I could see If KM is deluded or whatever she is, and wants to wait and see what happens with her appeal before cooperating — but then it might be too late as the state moves along against CA without her.


Section 921.186 - Substantial assistance
Notwithstanding any other law, the state attorney may move the sentencing court to reduce or suspend the sentence of any person who is convicted of violating any felony offense and who provides substantial assistance in the identification, arrest, or conviction of any of that person's accomplices, accessories, coconspirators, or principals or of any other person engaged in criminal activity that would constitute a felony. The arresting agency shall be given an opportunity to be heard in aggravation or mitigation in reference to any such motion. Upon good cause shown, the motion may be filed and heard in camera. The judge hearing the motion may reduce or suspend the sentence if the judge finds that the defendant rendered such substantial assistance.

Fla. Stat. § 921.186

 

[BearWatcher]

KM has lied too extensively at this point to be helpful as a witness, IMO. Would she have access to documents or other evidence that would be helpful? My guess is she does not. Do her lawyers have access to these materials, being held on her behalf? So, not sure what she has to offer. Did anyone else recall the references by Georgia to What’s App while Wendi was on the stand? They may have data from that, via the phone, that show who Wendi was contacting around the time of the murder.

 

[GordonX]

Motion to Modify Sentence
Rule 3.800 of the Florida Rules of Criminal Procedures allows for certain modifications to sentencing after an individual is convicted and sentenced. These modifications may include corrections to the sentence, or reduction in the sentence. In order to accomplish this there must be a motion to modify sentence.
Florida courts consider modifications to sentences if one or more conditions are met:
* The sentence contains an error.
* The defendant assists with a separate criminal case.
* Other circumstances, including the defendant's age.

 

[Ferpo]

the State can make a motion to reduce sentence with cooperation. i'm not saying they will or if they do that they'll offer much at this point. and i'm not sure KM will offer especially if she's still under the influence of her current attorneys who IMO have an alternative agenda.

Even if she cooperates, I'd think CA's (and probably WA's) attorneys would shred KM's credibility in court given that she just lied under oath many times on Thursday. Remember, she can't remember anything from eight years ago and it's all on record, for five hours. I'd think she would have to be able to produce hard evidence and new witnesses rather than stories.

 

[clearskies1]

KM has lied too extensively at this point to be helpful as a witness, IMO. Would she have access to documents or other evidence that would be helpful? My guess is she does not. Do her lawyers have access to these materials, being held on her behalf? So, not sure what she has to offer. Did anyone else recall the references by Georgia to What’s App while Wendi was on the stand? They may have data from that, via the phone, that show who Wendi was contacting around the time of the murder.

Yes, Cappleman did ask WA if she used WhatsApp. I'm not sure but I think there was also a recorded call between KM and CA in which KM asked if CA wanted to talk via WhatsApp.

 

[AlferdPacker]

KM has lied too extensively at this point to be helpful as a witness, IMO.

People keep saying that but I doubt it's true. The cops have her phone with communications with Kawass. She can release those.

 

[Ferpo]

Yes, Cappleman did ask WA if she used What's App. I'm not sure but I think there was also a recorded call between KM and CA in which KM asked if CA wanted to talk via What's App.

Yes, WA said in court that WhatsApp was commonly used back then (2014) for international calls, and WA had friends in the UK from her time at Cambridge in 2002. In fact she likely intentionally mentioned that she was catching up with a UK friend on the phone while driving around Tallahassee on the morning of the murder.

 

[Mariposa]

The following about WA bears repeating as we go into CA and then WA's trials:

"Perplexingly, Wendi also had difficulty recounting the money that she herself came into following Markel’s murder. When asked by Cappleman if she had benefited financially from her ex-husband’s death, Wendi emphatically denied it.

That led Cappleman to read off a list of assets that Wendi had either inherited or would gain access to for the benefit of their children following his death: $1 million per child summing $2 million in life insurance; a 401(k); a significant pension; a deferred compensation fund valued at $217,000; social security survivor benefits for the children totaling $4,800 per month; an IRA worth $100,000; and a checking account with $15,000 in it.

Perhaps this is what Charlie was referring to in a wiretap with Donna, complaining that Wendi had essentially “won the Lottery” and didn’t have to work for the many millions she had in the bank."

Markel Trial Day 4: A chilling statement, a crime scene drive-by, and a possible framing attempt

'I have been nothing but helpful since this started,.'

floridapolitics.com

Really good point about the financial aspect. Leading up to the murder, part of what Dan and Wendi were dueling about in court proceedings was financial matters. Wendi acted offended that Cappleman even brought up this topic in court, that this money was for the kids, but knowing your kids have millions in the bank for their future is a benefit to a parent! Access to this money for the kids plus not having to deal with the despised Dan ever again sounds like something WA might consider a win/win.