GUILTY FL - FSU Law Professor Dan Markel Murdered by Hitmen #18

[amicuscurie]

It is unbelievable how easy it is for savvy rich people to transfer assets/money. I knew someone who didn’t want their soon to be ex spouse to have any claim on a high end condo on the waterfront that they bought before the marriage, so they sold the condo to a friend at a extremely reduced price before filing for divorce..and then they bought it back after the divorce was final! They also transferred a home to their mother! People can be super save protecting their assets.

The record for the property in Dade does show some moving around and sales for $100.00 which I think might represent a change of names or something. I don’t know, I can’t really figure it out. The property is valued at a little over a mil. In Florida they can’t get your home if there’s a judgment against you. Plus it’s in a trust. So, as said in the article, the boys may be provided for. But as for how they are paying legal fees, who knows where the rest of their money is. One can only speculate.

 

[amicuscurie]

The attorneys were saying that if they charge her, they will immediately challenge it based on the evidence that it was derived from her testimony. They will appeal that particular issue up to all the appellate courts before any actual state criminal trial would occur against WendI. There’s a US Supreme Court case on that and so that’s why she consulted with a specialist attorney in Georgia. It would be a federal issue before there was ever a criminal state trial as I understand it. If she prevails on the federal level, they wouldn’t be able to bring the case against her in state court.

Maybe they can do a charging document that doesn’t rely on something they got from something she said. They’re not stupid. They wouldn’t have asked her something that would lead to something they really needed. There is still that text asking if Dan will be home. There are cell tower records showing her driving by the scene. There is her police interview.

What did she say on the stand that gave them anything? They’re not going to go out and find additional evidence based on what she said. JMO. Again, they’re not stupid, and they anticipated this. They know what derivative use is.

 

[amicuscurie]

This article makes it appear that a Kastigar hearing will take place before a trial.

Former JEA executives in federal court for hearing ahead of October trial

Lawyers for two former JEA executives facing federal charges in connection with the attempted sale of the utility spent over two hours at a hearing Thursday morning questioning the FBI special agent who led the investigation, about how the case was built.

www.news4jax.com

I would argue that this is distinguishable. in that case, the whole case was built on something he said. He testified and then they went and investigated. Here, they already had a case. They didn’t get it from anything she said. She didn’t have immunity at the police station.

 

[Sustained]

The record for the property in Dade does show some moving around and sales for $100.00 which I think might represent a change of names or something

I believe $100 is the standard amount recorded in FL on any quitclaim deed.

 

[Gypsy Road]

How much was Charlie’s defense? Did someone estimate $3 Million? If Donna’s case goes to trial — it’ll likely cost as much, if not more.

And to think at one time they were wondering if repairing an inexpensive tv would be more costly than buying a new one!

My my my!

 

[clearskies1]

Maybe they can do a charging document that doesn’t rely on something they got from something she said. They’re not stupid. They wouldn’t have asked her something that would lead to something they really needed. There is still that text asking if Dan will be home. There are cell tower records showing her driving by the scene. There is her police interview.

What did she say on the stand that gave them anything? They’re not going to go out and find additional evidence based on what she said. JMO. Again, they’re not stupid, and they anticipated this. They know what derivative use is.

Yes, they're not stupid. It's just an extra burden for the State to prove that the evidence they will present at trial is not derived from her compelled testimony.

 

[cottonweaver]

It is unbelievable how easy it is for savvy rich people to transfer assets/money. I knew someone who didn’t want their soon to be ex spouse to have any claim on a high end condo on the waterfront that they bought before the marriage, so they sold the condo to a friend at a extremely reduced price before filing for divorce..and then they bought it back after the divorce was final! They also transferred a home to their mother! People can be super savy protecting their assets.

Yes, I think this mafia family are experts in this too.

Also, considering their twisted mentality & their exploitation and deception* of the kids , it wouldn't surprise me if they had put some in the kids' names to make retrieval more controversial. ( eg in event of a civil suit by the Markels)

* specifically I mean deceiving the kids as to the current roles played by the Markels. Blaming the Markels etc

 

[amicuscurie]

I believe $100 is the standard amount recorded in FL on any quitclaim deed.

Thanks! I didn’t know that! The property is valued at a little over a mil and is held in a couple of trusts.

 

[Hiller]

Given the very strong case against DA, the family dynamics, and the weaker case against WA (though without a doubt she was a co-conspirator and guilty of FDM), I believe this will end up with deal forced down WA's throat by CA with threat of his testimony aga. her resulting in a plea deal involving lesser crimes/sentences for both WA and DA.

 

[clearskies1]

I would argue that this is distinguishable. in that case, the whole case was built on something he said. He testified and then they went and investigated. Here, they already had a case. They didn’t get it from anything she said. She didn’t have immunity at the police station.

@amicuscurie -- I just posted the article as an example. I'm not saying it's the same! And of course her investigatory interview is fair game and not covered by the use/derivative use immunity rule. I think you're misunderstanding what we are saying. We're not saying it would be impossible to prosecute her because of the use/derivative use immunity rule.

 

[Wishbone]

Yes, they're not stupid. It's just an extra burden for the State to prove that the evidence they will present at trial is not derived from her compelled testimony.

All this is good to know. The state will have plenty of time to gather what they need as they will have to get through DA's trial first. Maybe a year down the road. And after DA is convicted they will have more ammo to use on WA.

 

[MinnesotaMary]

It's actually not at all odd or peculiar that Harvey is.....may be..... literally 'getting away with XXXXer': Donna totally wore the pants in that family. I bet Donna would cut up Harvey's food into 'safe little pieces', the way regular good parents do for their toddlers....

 

[cottonweaver]

Yes, they're not stupid. It's just an extra burden for the State to prove that the evidence they will present at trial is not derived from her compelled testimony.

Just watching STS now and a subscriber just asked Tim J wtte of ' but can you actually think of anything new that Wendi contributed during the three trials?'

Glad he asked because I 'd just been wondering the same thing. All I recall is she constantly contradicted herself, I can't think of anything new that she'd told us

 

[cottonweaver]

It's actually not at all odd or peculiar that Harvey is.....may be..... literally 'getting away with XXXXer': Donna totally wore the pants in that family. I bet Donna would cut up Harvey's food into 'safe little pieces', the way regular good parents do for their toddlers....

He has a history of violence*, tax avoidance, and all sorts of stuff.

off the top of my head:
* Police tip lines
Wires - insider dealing
Litigation - Judy Asian American Legal Focus looked, last year, at the long list of litigation he's been involved in

ETA - Judy had also said that Floridian law makes it easier to protect assets but hopefully somebody knowledgeable can flesh that out further ( I recall her reffing points about OJ moving to FLA as an example)

 

[clearskies1]

Just watching STS now and a subscriber just asked Tim J wtte of ' but can you actually think of anything new that Wendi contributed during the three trials?'

Glad he asked because I 'd just been wondering the same thing. All I recall is she constantly contradicted herself, I can't think of anything new that she'd told us

Agree. They have LE at the crime scene area/tape seeing her car etc. They have Lacasse etc.

 

[Gypsy Road]

Is Donna on suicide watch in Miami-Dade? Does this mean she is watched 24/7?

It would be a horrible thing if she hung herself and didn’t face consequences for Dan’s murder.

 

[Missyrocks5]

The more I think about it, I guess the angle for them to be discussing suicide, and fleeing was her likely saying how she was innocent, that he was being extorted for something he didn't do it, and she didn't know what else to do because all they keep doing is losing. They're innocent but they can't seem to prove it. And she wants that played in court with her probably crying etc. to try to invoke sympathy and get at least one or two jurors to think that maybe she really is innocent.

Otherwise, none of it makes sense that she would say those things on a recorded, jailhouse line, or tell her son that she is going to unalive herself.

 

[Laura930]

Wish I knew someone who worked at Miami airport, terminal S, gate H10! Bet there is security camera footage of the arrest!!!

 

[Gypsy Road]

The more I think about it, I guess the angle for them to be discussing suicide, and fling is what was probably included in. There was her saying how she was innocent, that he was being extorted for something he didn't do, and she didn't know what else to do because all they keep doing is losing. Their innocent but they can't seem to prove it. And she wants that played in court with her probably crying etc. to try to invoke sympathy and get at least one or two jurors to think that maybe she really is innocent.

Otherwise, none of it makes sense that she would say those things on a recorded, jailhouse line, or tell her son that she is going to unalive herself.

And she’s definitely the type to be manipulative like that! I’m having a hard time believing she was stupid enough to discuss such things on a jail phone call!

 

[cottonweaver]

Tim Janssen just confirmed that Wendi's lawyer does watch STS, he doesn't know whether she does herself
( We all had this conversation here during trial, speculating about that & how her style of testifying changed on the second day, when Rashbaum first crossed her)

btw
One of her old supporters at Pepperdene School Law also used to cruise the early WS threads - remember him saying that on his blog? ( kinda threatening litigation if anybody mentioned her name as a possible suspect)