FL - FSU Law Professor Dan Markel Murdered by Hitmen-Donna Adelson Upcoming Trial - *5 Guilty* #28

[Knitpicker]

Dbm

 

[Going Rogue]

For anyone who has access to see the Dateline piece again (I understand its on Peacock), can you take a still of the photo shown from the top of the driveway with the crime scene tape and LE huddled together?
This proves the tape was right at Dans house IF the photo was taken on his driveway.
Thx

It has been known since day one that the crime scene tape was affixed to Dan’s property line. The roadblocks set up north and south of Dan’s home on Trescott were outside the crime scene, serving as perimeter roadblocks. The north roadblock is where Wendi made the infamous K-turn. There is a lot of misinformation in social media claiming she made her K-turn at the crime scene tape affixed to Dan’s property line. By all accounts, she turned at the north perimeter, patrolled by Officer Brennan, where the “Police Line Do Not Cross” tape was set up, located anywhere from 2 to 5 houses away from the crime scene tape roping off Dan’s property.

The location of the north perimeter will be a major issue for the state’s case if Wendi is ever on trial. Officer Brennan is already on record stating, “It could have been 5 houses away.” I won’t mention his response to Cappleman’s question about whether you could see the activity at Dan’s house from his location – I’ve brought it up numerous times. Of course, none of your favorite YouTubers will highlight the ambiguity of this issue and why it’s a problem for the state’s case. As I keep pointing out, the strength of the case against Wendi is not being presented realistically in social media. IMO, that is a big reason for the disconnect in social media and the constant questions about when or why Wendi hasn’t been arrested. How long have I been saying this?

 

[AuDHD]

For anyone who has access to see the Dateline piece again (I understand its on Peacock), can you take a still of the photo shown from the top of the driveway with the crime scene tape and LE huddled together?
This proves the tape was right at Dans house IF the photo was taken on his driveway.
Thx

JMO but probably can’t take a screen grab of it as most those services block that function. Would have to take a photo of the tv screen haha

 

[LinasK]

Although in this case there is some evidence indicating assistance to the plot, I am curious about what Wendi's legal liability would be if her involvement were limited to expressing a wish to her family that someone would kill Dan and knowing that they might act on her wish.

Based on similar cases of manipulation that I've watched in other true crime shows, I think she'd still get convicted of Conspiracy to murder. Expressing that wish set the plot in motion.

 

[Zedzded]

The north roadblock is where Wendi made the infamous K-turn. There is a lot of misinformation in social media claiming she made her K-turn at the crime scene tape affixed to Dan’s property line. By all accounts, she turned at the north perimeter, patrolled by Officer Brennan, where the “Police Line Do Not Cross” tape was set up, located anywhere from 2 to 5 houses away from the crime scene tape roping off Dan’s property.

It's a moot point whether she could see Dans house or not. The argument has always been that Dans house was in the approximate area of the police tape and that should have been a concern to WA. Even if Trescott was blocked off at the Centreville junction (one of WA's many lies) that would have freaked most mothers out.

Just imagine you're a mother on the jury and GC presents that situation to you. A suspect drives to the crime scene shortly after her ex is murdered, sees police tape and multiple emergency vehicles, but presumes it was a fallen tree despite the weather being fine...

Also if there was a fallen tree perhaps it damaged her ex's house. No phone calls to him or daycare or anyone. She didn't even check with the police officer who saw her. Now I'm sure you've got 1000 excuses for WA's behaviour, it doesn't matter. The standard applied by the court (and the jury) is that of a reasonable and rational person in the circumstances. WA’s response was contradictory to what would be expected of such a person.

WA needs plausible explanations for her (at times) bizarre behaviour around the time of the murder. Her saying God had spoken to her and told her her boys were safe ain't gonna cut the mustard.

 

[Zedzded]

Was WA's phone ever switched off on the day of the murder or we don't have the information?

 

[JerseyPride]

It's a moot point whether she could see Dans house or not. The argument has always been that Dans house was in the approximate area of the police tape and that should have been a concern to WA. Even if Trescott was blocked off at the Centreville junction (one of WA's many lies) that would have freaked most mothers out.

Just imagine you're a mother on the jury and GC presents that situation to you. A suspect drives to the crime scene shortly after her ex is murdered, sees police tape and multiple emergency vehicles, but presumes it was a fallen tree despite the weather being fine...

Also if there was a fallen tree perhaps it damaged her ex's house. No phone calls to him or daycare or anyone. She didn't even check with the police officer who saw her. Now I'm sure you've got 1000 excuses for WA's behaviour, it doesn't matter. The standard applied by the court (and the jury) is that of a reasonable and rational person in the circumstances. WA’s response was contradictory to what would be expected of such a person.

WA needs plausible explanations for her (at times) bizarre behaviour around the time of the murder. Her saying God had spoken to her and told her her boys were safe ain't gonna cut the mustard.

For those who lack good faith, plausibility is much less important than the standard of “um… not logically impossible”

 

[opt]

Has her drive to Trescott been established independently of her immunized testimony?

 

[Zedzded]

Has her drive to Trescott been established independently of her immunized testimony?

I think every time she has discussed her Trescott trip in court she has had immunity. She did describe it in her law enforcement interview. Any lies she has told regarding that trip can be used against her in a future trial even with her immunity. And the police have cell phone records to show she left her house and drove towards Trescott.

Trescott will be used against her in her trial. Even if she hadn't lied about it, it's still too suspicious. She phones the architect of the crime 45 mins before the murder, speaks for 20 minutes about a broken TV and then drives past the crime scene.

 

[Going Rogue]

It's a moot point whether she could see Dans house or not. The argument has always been that Dans house was in the approximate area of the police tape and that should have been a concern to WA. Even if Trescott was blocked off at the Centreville junction (one of WA's many lies) that would have freaked most mothers out.

The ambiguity of where the north roadblock was and whether or not Wendi had a clear view of the activity at Dan’s house is a moot point? I strongly disagree.

 

[Going Rogue]

Has her drive to Trescott been established independently of her immunized testimony?

Her attempt to drive down Trescott is not an issue for the state as evidence, and it is not protected under her immunity deal. In her initial police interview, she very clearly stated that she attempted to take Trescott but the road was was blocked. Her attempted trip down Trescott was not discovered under her immunized testimony, and if there is ever a Wendi trial, the attempted trip down Trescott will definitely be a very big part of the state’s case – simply for the reason that being in the area is suspicious.

There are many details about this trip that have developed over the past 11-plus years. Starting with the obvious, Wendi gave inconsistent testimony in the four trials about turning on Trescott. I agree it's possible she lied or purposely crafted her words – fully knowing what she said in her police interview and in a conscious effort to distance herself. It’s also possible she had a lapse of memory or there was simply a bad or unclear exchange between Wendi and Cappleman regarding the specific details, and it could have been easily cleared up with proper follow-up questions that Cappleman chose (perhaps purposely) not to drill further into.

Stating the above will likely upset people, and they will view my analysis as defending Wendi and lacking good faith for some bizarre reason. There seems to be a good number of people who think her inconsistent testimony about the attempt to drive down Trescott is going to be a major issue for Wendi. My take is it won’t even be mentioned in a case against her, and if it is, it won’t be a major part of the case against her – for the simple reason that she never denied her intended route was Trescott. Wendi being in the area approximately 1-hour after the shooting is an entirely different argument and is definitely suspicious, but it's different from all the social media buzz around her testimony about where she turned, etc. Her inconsistent testimony is a nothing burger from an evidentiary perspective, overhyped as a big deal in social media. Her presence in the area and attempt to take Trescott will be a significant part of her trial – if there is one. The minutiae debated in social media about her inconsistent testimony or lies, depending on one’s perspective, will not be a focus of the state if that day ever comes.

 

[BearWatcher]

Her immunity does not protect WA if she lies.

 

[DustysMom]

For anyone who has access to see the Dateline piece again (I understand its on Peacock), can you take a still of the photo shown from the top of the driveway with the crime scene tape and LE huddled together?
This proves the tape was right at Dans house IF the photo was taken on his driveway.
Thx

This is all I got yesterday and I’m not sure if it’s a re-enactment or what. I’m going back now to look for image with crime scene tape.

 

[Knitpicker]

View attachment 622018This is all I got yesterday and I’m not sure if it’s a re-enactment or what. I’m going back now to look for image with crime scene tape.

It was at the top of a driveway looking down.

 

[Zedzded]

It’s also possible she had a lapse of memory or there was simply a bad or unclear exchange between Wendi and Cappleman regarding the specific details

You keep on forgetting that it's what the jury thinks that counts. The standard is what a reasonable and rational person would do or say.

WA drove for 1 mile down Trescott near to where her ex lives. She saw police cars and tape, she did a U turn and drove 1 mile back down Trescott. A few hours later she told LE that she DID NOT turn on to Trescott because there was tape blocking the junction between Trescott and Centreville.

Unless she had some kind of brain injury, a jury would not accept this sudden loss of memory and would regard it as an attempt to deceive LE by inferring she did not drive down Trescott at all. The story has evolved many times. Even in DA's trial she lied. Even if she could no longer remember what route she took, she knows after testifying in 4 trials that she was seen by a police officer doing a U turn where the tape was. So stating she could not turn on to Trescott is a lie.

You can't just lie in court and then say it was memory loss.

 

[SubtlePseudonym]

Isn’t the most damming part of Wendi’s Tresscott testimony the fact she tries to imply she never drove down it. Every time, she says, I tried to turn but it was blocked so I kept going. The cop saw her, she can’t say she did not see the tape, she says she saw it! So whatever damage her driving down there is, it can’t be mitigated. She went there, but when asked about it, it’s like impossible to get her to say she drove all the way to the tape, but she saw the tape. For me that’s all the damage that can be done for the Jury, it can’t be undone. For probable cause she drove to the tape. So if it’s part of probable cause it is, if it goes to trial you can already determine how it will play to Jury. This is all baked in now, does not matter where the tape was, she drove there, and did a non normal turn and left, so whatever value that is, that’s all it will be and also it can’t be mitigated.

 

[Zedzded]

She also lied about Trescott being a shortcut to Benton road. Centreville is 2 mins, Trescott is 4 mins.

 

[Zedzded]

What was the primary evidence in DA's trial that convicted her of solicitation - the money drop?

 

[Going Rogue]

You keep on forgetting that it's what the jury thinks that counts. The standard is what a reasonable and rational person would do or say.

WA drove for 1 mile down Trescott near to where her ex lives. She saw police cars and tape, she did a U turn and drove 1 mile back down Trescott. A few hours later she told LE that she DID NOT turn on to Trescott because there was tape blocking the junction between Trescott and Centreville.

Unless she had some kind of brain injury, a jury would not accept this sudden loss of memory and would regard it as an attempt to deceive LE by inferring she did not drive down Trescott at all. The story has evolved many times. Even in DA's trial she lied. Even if she could no longer remember what route she took, she knows after testifying in 4 trials that she was seen by a police officer doing a U turn where the tape was. So stating she could not turn on to Trescott is a lie.

You can't just lie in court and then say it was memory loss.

You should probably rewatch her police interview. She never said she didn’t turn onto Trescott during the interview. She said she tried to go down but saw it was blocked – a significant difference. I can see how that might be interpreted as you are framing it, because she didn’t go into detail it was more of a passing comment. It wasn’t until the first trial, five years later, that she claimed she saw the tape and didn’t turn. That could be a memory issue or a strategic use of the evidence (her statement in the police interview) to distance herself. She likely reviewed her police interview before testifying, as it occurred five years earlier, to prepare for her testimony. As I’ve said before, the exact location of the roadblock is unknown – it was anywhere from two to five, possibly six, houses from Dan’s house. You and I disagree on the significance of that so we will agree to disagree.

Yes, it’s up to a jury. Question: What do you realistically believe the powers that be in the Tallahassee DA’s office think about the strength of the case against Wendi for conspiracy to commit murder? You know my answer. You keep challenging my every comment – do you believe the case against her is such a cake walk like Carl? Sometimes I feel like I’m in an alternate universe debating my POV.

 

[Zedzded]

You should probably rewatch her police interview. She never said she didn’t turn onto Trescott during the interview. She said she tried to go down but saw it was blocked –

"I tried to turn up Trescott, but it was blocked"
Now how is a jury going to interpret that?

1.I was on Centreville, turned on to Trescott, drove for 1 mile down Trescott, saw there was tape so turned around

2. I was on Centreville, I tried to turn in to Trescott, but it was blocked so I carried on Centreville