<modsnip> the staffs of two divisions of the Tallahassee SAO charged with Dan Markel’s murder case are NOT inept or lazy or ignorant lawyers.
In his May 2016 proffer, Luis “Tato” Rivera painted a descriptive sketch of the conspiracy, solicitation and commitment to murder Dan Markel, to the effect of
- Tato: Katie (Magbanua) hired me and Tuto (Sigfredo Garcia) to do the murder on behalf of the dentists (Harvey and Charles Adelson)
- Investigators: What for is the murder?
- Tato: The dad is to be killed because the lady (Wendi Adelson) wants her kids back
- Investigator: How does Katie know the dentists?
- Tato: She sleeps with one of the dentists
- Investigator: Aren’t Tuto and Katie a couple?
- Tato: She is Tuto’s babies momma … but she also does the dentist (Charles Adelson)
Sigfredo Garcia was indicted and arrested without bond in May 2016. Why was Magbanua indicted and arrested only 5 months later in October 2016?
In 2016, TPD investigators wrote a PCA for each of Magbanua and Charles Adelson. These PCAs have identically verbatim long paragraphs
- Magbanua was indicted and arrested without bond in October 2016
- Meggs, the SA of that time, refused to indict Adelson
- The Chief of TPD at that time expressed his disapproval of SA Meggs to the Florida Attorney General, to no avail
It was only in April 2022, 6 years after Luis Rivera turned State evidence and spewed a detailed proffer, when Charles Adelson was indicted and arrested without bond. What took the SAO’s attorneys 6 years to arrest Charles Adelson?
In April 2022, the SAO’s attorneys labeled both Wendi and Donna Adelson as un-indicted co-conspirators of the murder of Dan Markel
- In November 2023, TPD investigators wrote a PCA against Donna Adelson, in which the theory of the crime was described with the same long paragraphs, verbatim to Magbanua and Charles Adelson’s PCAs
- Donna Adelson was indicted by a secret Grand Jurors the Wednesday following her arrest at Miami Airport
What took the SAO’s attorneys 19 months after Charles Adelson’s indictment to arrest Donna Adelson? And … why the post arrest presentation of her PCA to a secret grand jury?
To a Tallahassee Democrat reporter’s question as to why Harvey Adelson was not arrested with his wife Donna, The SA Campbell responded candidly “we do not have enough evidence against him”
- Thereafter, multiple ASWs were issued by the court, including allowing the investigators to search Harvey’s home and to confiscate his iphones, ipads, and other electronic records
- The compromised roles played by Harvey and Wendi are described in details in the transcripts of 4 trials which resulted with 4 LWOP sentences
Why has not the SA phrase his response differently such as “Harvey is not a suspect”? Despite the SA co-conspirator label, why is Wendi Adelson still un-indicted 11 years after her late ex-husband’s murder?
The answers to these questions are based on the challenges presented by Florida’s rules of evidence with regard to indicting someone for first degree murder
- In Florida, a first degree murder conviction based solely on circumstantial evidence goes automatically under en banc review of the DCA
- 101 indications of guilt do not sum to a single evidence
- Yes, most people would view the attempt at repairing a broken TV instead of simply trash and replace it as a stupidity. However, to be stupid is not a crime according to Florida’s rules of evidence. The TV repair attempt only shows that Florida bar admitted in good standing Wendi Adelson was at her home with the Best Buy employee at the time of the murder
- Yes, prowling on Trescott Dr. few hours after the murder is suspicious. However, driving on a familiar route, even if it is not a shortcut, is not a proof of guilt. A TPD officer (trustworthy witness) testified that the crime scene was tapped, and Wendi Adelson made a K turn few houses before the tapes. This prowling only shows that Florida bar admitted in good standing Wendi Adelson did not go to the crime scene ... because a police officer noticed her make a K turn away before reaching the crime scene!
The SAO’s prosecutors possess far more knowledge, ability, skills, and information than the smart seeker lambda or the attention hungry law student worker, no matter how wise and astute and clever these individuals think of themselves.
More Justice for Dan Markel will come. It is hoped that Wendi and Harvey Adelson’s indictments are coming at their respective due course as the good people of Tallahassee await for wrong done to their community to be repaired.