GUILTY FL - FSU Law Professor Dan Markel Murdered by Hitmen #19

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Regarding Wendi - The main question for me is was she a principal (in the legal sense)? I don’t think she was. The state has never said she was in any of the 3 trials so far but feel free to correct me if I’m wrong. The state has said over and over that it was Donna and Charlie. The state in their questioning of her has insinuated that she had knowledge. That doesn’t make her guilty of murder, conspiracy or solicitation. Did she tell them about Dan’s schedule with the explicit purpose of facilitating the murder? I don’t think that’s clear. We can speculate that she probably did.

We can speculate that her driving by Trescott on the day of the murder proves she had knowledge. It’s highly suspicious for sure. But, again, not an element of the 3 counts in this crime.

JMO
 
Blue Shakehead said:
Yes they did. And what is happening at this time:

1. Relocation has been denied with prejudice. Permanently. She is not going to be able to move for 16 years when her youngest turns 18, unless something happens to Dan or he agrees to move to Miami.
2. The hitmen the Adelsons hired in the summer of 2013 ran off with the money and there is no active plot to kill him.
3. Wendi pulls out of buying a house after talking with Charlie. It has nothing to do with finances (i.e., $530k in her savings accounts), and it has no logical rationale because Wendi is going to be in Tally for 16 years, so it makes zero sense to rent. The divorce is settled and the relocation is done, so there is no legal rationale. So what is the rationale? This is the same day Charlie approaches Magbanua to have him killed. Is it possible that Charlie said "don't buy a house, let me get someone else to kill this a-hole and we will do it right this time?"
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Major head slap (my forehead, not yours!) Now I get what you are saying....why burn up 2K per month in rent, unless and this a big UNLESS you know in advance your living situation is just going to be temporary.
It might have been one of those "Charlie expounding on life advice talks" IE: 1) Just change the dates on the DMV paperwork. 2) Just change the dates on a client's medical files.3) The kids will be better off in a single parent home than a house where the parents are fighting all time. 4) Don't buy a house...it is like being married... just date it.
5) If they had any evidence against us, we'd already be at the airport.
Oooops. Sorry Charlie, but 4 out of 5 was pretty good.;)
 
Weki said:
Then I guess he could explain the drive to Trescott as her just taking a familiar route to the liquor store and nothing more. She lies about how close she was to the house because she’s a pathological liar and not because she’s hiding anything. She lied about whether her parents were wealthy. She just lies. It doesn’t mean she’s guilty of conspiring in this murder. Just wondering if that’s what Epstein would say.

I’m of the opinion that Wendi knew but wasn’t actively conspiring. I don’t think she’ll ever be charged. Too much reasonable doubt. JMO
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If she knew the murder was going to take place, but didn't take action to prevent it, then that is a crime. But she was involved. Only her and Dan knew of his movements on the day of the murder. How did the hitman find that information? You could say she was taking a familiar route, when she went down Trescott, you could say she just lied about it because she's a liar, but what can't be explained is her response after she saw all the emergency vehicles outside her ex's house. She did not know where her kids were, yet she did nothing. She didn't speak to the police there, she didn't find 911, she didn't call the daycare, bought some booze and went to lunch? That can't be argued away and will bury her. Irrespectively GC will get her for something, even if it's perjury. They will get her. And don't forget the State have in their possession one Donna Adelson. A complete trainwreck. If she doesn't voluntarily give up her daughter the State will get more evidence from her that will further incriminate WA. They have enough now to indict her, but I believe they want to strengthen their case so will "chat" to both CA and DA in the lead up to their sentencing and arraignment on 12/12. I'd be surprised if one of them doesn't look to make some kind of deal.
 
Sustained said:
I'm with ya and I really want to know who the 1st hitman crew was and hope some way they come forward.
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I think the last thing that will ever happen is hearing from the guys who "jacked the Adelsons" out of $50K. They have nothing to gain by exposing themselves or their stapled money. Or maybe the first money didn't come out of Charlie's stack alone?? Remember the convo about "moving money from Charlie's stack to parents stack?? Hmmm, 26K would have been close to half of the 50K...if the first hitman theory has any truth. Oh wow.... this theory might have wings after all!!
Circumstantially,
 
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Weki said:
Regarding Wendi - The main question for me is was she a principal (in the legal sense)? I don’t think she was. The state has never said she was in any of the 3 trials so far but feel free to correct me if I’m wrong. The state has said over and over that it was Donna and Charlie. The state in their questioning of her has insinuated that she had knowledge. That doesn’t make her guilty of murder, conspiracy or solicitation. Did she tell them about Dan’s schedule with the explicit purpose of facilitating the murder? I don’t think that’s clear. We can speculate that she probably did.

We can speculate that her driving by Trescott on the day of the murder proves she had knowledge. It’s highly suspicious for sure. But, again, not an element of the 3 counts in this crime.

JMO
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I'm looking at CA's jury instructions. For conspiracy (count II), the "principal" concept is not in the instruction. It only takes a conspiracy, agreement etc and the defendant does not need to take any act in furtherance of the conspiracy. Also, for 1st degree murder (count I) the principal concept is broad - "the defendant did some act or said some word which was intended to and which did incite, cause encourage, assist or advise the other person or persons to actually commit the crime."

Not saying they can prove these beyond a reasonable doubt for Wendi, but the instructions are pretty broad. JMO.
 

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Blue Shakehead said:
Just listening to an interview with Steven Epstein who authored the Extreme Punishment book on the murder of Dan Markel. Interview is with Asian American Legal Focus (Judy)'s YouTube channel.

He thinks Wendi had absolutely nothing to do with the murder and that Charlie and Donna did this behind Wendi's back. What a dunce.
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Can you provide a link to this interview?
 
clearskies1 said:
I'm looking at CA's jury instructions. For conspiracy (count II), the "principal" concept is not in the instruction. It only takes a conspiracy, agreement etc and the defendant does not need to take any act in furtherance of the conspiracy. Also, for 1st degree murder (count I) the principal concept is broad - "the defendant did some act or said some word which was intended to and which did incite, cause encourage, assist or advise the other person or persons to actually commit the crime."

Not saying they can prove these beyond a reasonable doubt for Wendi, but the instructions are pretty broad. JMO.
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Thanks for providing the jury instructions. That’s very helpful, and unfortunately, jury instructions are very nuanced.

So in the elements for conspiracy - the first one is that the defendant intended for the murder to happen. In the elements for solicitation, the first element is that Charlie solicited Magbanua to commit the crime. So I assume it would be written the same way for Wendi. There’s absolutely no hint that Wendi solicited Charlie or Donna. In fact, it’s the opposite, Charlie and Donna are the drivers. If Charlie tells Wendi, don’t buy a house I’m going to take care of it and you’ll be able to move to Miami. So don’t worry about anything…..The state would have to prove Wendi had INTENT to conspire to murder Dan. That she had an EVIL MIND. The fact that she was ready to buy a house in Tally and got talked out of it by big brother and mom helps Wendi a lot. JMO
 
Weki said:
Thanks for providing the jury instructions. That’s very helpful, and unfortunately, jury instructions are very nuanced.

So in the elements for conspiracy - the first one is that the defendant intended for the murder to happen. In the elements for solicitation, the first element is that Charlie solicited Magbanua to commit the crime. If Charlie tells Wendi, don’t buy a house I’m going to take care of it and you’ll be able to move to Miami. So don’t worry about anything…..The state would have to prove Wendi had INTENT. That she had an EVIL MIND. The fact that she was ready to buy a house in Tally and got talked out of it by big brother and mom helps Wendi a lot. JMO
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I understand what you're saying but I don't see it that way. I think it just shows that at that point she wasn't confident that her circumstances would change. Again, I'm not saying they can prove BARD. JMO.
 
Normally by this time of year my dentist small talk is starting to wane, but Charlie's conviction, followed by Donna's arrest as been golden material. Almost every patient has to be updated! (I still get excited talking about Donna's thwarted attempts to flee justice!)
 
Weki said:
Regarding Wendi - The main question for me is was she a principal (in the legal sense)? I don’t think she was. The state has never said she was in any of the 3 trials so far but feel free to correct me if I’m wrong. The state has said over and over that it was Donna and Charlie. The state in their questioning of her has insinuated that she had knowledge. That doesn’t make her guilty of murder, conspiracy or solicitation. Did she tell them about Dan’s schedule with the explicit purpose of facilitating the murder? I don’t think that’s clear. We can speculate that she probably did.

We can speculate that her driving by Trescott on the day of the murder proves she had knowledge. It’s highly suspicious for sure. But, again, not an element of the 3 counts in this crime.

JMO
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cottonweaver said:
I have watched it too. Wasn't he saying that he thought, as a lawyer, there was insufficient evidence rather and he was basing his legal opinion on that?
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There probably WAS insufficient evidence, but since WA took the stand in CA's trial, his conviction and DA's arrest, there is more evidence and reason to believe she was involved.
 
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I'll dig it up later, but someone has marked out where the police tape was on a map, marked out where the police say they saw WA's car and marked out where she said she did a "K-turn".

And I think this will be a critical part of WA's trial, assuming she does go to trial. She's dug herself a hole. Her story was she turned at the corner of Trescott and Centreville when she saw the tape. But you can't see the tape from that junction. She'll be in trouble if she is going to stick by that story. But if she changes it to say she drove up to where the tape actually was, saw all the first responders she will have to then explain why she didn't do anything, didn't call anyone etc

Also if she does go to trial, GC has a massive list of all her perjured statements that she can disprove. What will be the strategy of Team Wendy - try and stick by those statements??! She can't do that. But then she will have to admit she lied and try and give new statements that aren't lies and also don't incriminate her = impossible.
 
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