But he wasn't at the scene of the crime.
KM was not at the scene of the crime and she was charged with capital murder. Her arrest warrant is all over this site. The state simply did not elect to pursue the D penalty in her case in the first trial.
A parallel case of a hired hit on a family member in FL :
Mark Sievers , FL , execution of his wife using hitmen was charged as a capital felony case and he's now on death row. No appeals. All thrown out. And of course he was not at the scene of the crime -his hirelings were. One big difference in that case is that one of the murderers did a plea deal and testified against Sievers. The second difference is that Sievers stood to get a big life insurance pay out . MS had no previous felonies against him.
back to CJA -
If you have first degree murder and this as well “The capital felony was a homicide and was committed in a cold, calculated, and premeditated manner without any pretense of moral or legal justification.”
Well Dan's Murder was certainly premeditated and CJA is charged with a first degree murder count . Two hit men went up to Nth FL to carry out the murder twice -that's a hell of a lot of premeditation over a two month period. There is evidence that the killers had some details of his travel itinerary via KM and where did she get it from given that she has not one recorded call to/from WJA ? of course that's no proof that CJA handed it on.
Rivera has also alleged that they got an advance for the first trip but that was not ever tested in court (it's more or less hearsay as S. Garcia would have received it). I have added an attachment from the Mentour lawyer site. This is part of the Grand Jury indictment of CJA (dear old KM is thrown in to the charge sheet for good measure - the state can't get enough of Katie, they've had her in Jail for six and half years, are going to give her LWOP and now they are going to charge her again as a co defendant . It's nice to be famous sometimes).
I can't put the Indictment of CJA in one jpeg or it will be illegible and you can got find the exact same file on youtube as I did.
The indictment does not contain any probable cause statement or even a few paragraphs describing the details of the crime.
Summary - CJA qualifies for a death penalty prospect trial under FL law but given the somewhat garbled recordings, not much direct evidence, nobody to testify against him directly at the moment (KM) and the fact he would get not financial benefit from the murder, I don't think the state will risk a mistrial over the death versus LWOP issue.
THe state is probably either holding off presenting a probable cause statement to the court until KM is sentenced or has one but it is sealed. This all seems a bit unfair to the defendant in terms of preparation for the case but his lawyers do know what the basic charges are.
Does anyone know if CJA has been formally arraigned before a judge since his arrest ?