Crime, Dan Markel, Deaths, Murder

The Dan Markel Case: Slow Your Roll On Wendi Adelson

The prosecution does NOT take the position that Wendi Adelson ordered her ex-husband's murder.

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Wendi Adelson

Wendi Adelson

Is Wendi Adelson, the ex-wife of murdered law professor Dan Markel, selfish? Sure — by her own admission. Is she self-involved, even self-absorbed? There’s a strong case to be made.

But is Wendi a murderess? I have defended her against speculation that she knew about or was involved in Danny’s killing, but I know that many readers hold different opinions.

(I express no opinion on the speculation that Wendi’s brother and mother, Charlie Adelson and Donna Adelson, were involved in the murder. All of the Adelsons maintain their innocence.)

One of our most popular stories about this case, shared dozens of times over social media, was Luis Rivera Points The Finger At Wendi Adelson (citing statements by confessed hitman Rivera that Wendi ordered the hit and that he saw her, and made meaningful eye contact with her, the day before the murder). It seems that many people want to believe Wendi was involved. And a number of readers have excitedly shared with me this account of last Friday’s bail hearing for Katherine Magbanua, posted over at Websleuths by “reallybusy,” who attended in person. The juiciest part:

The prosecution made it a point to say in closing arguments “Wendi Adelson” hired KM and SG to commit the murder. No mention of Donna or Charlie. This was important because of all the speculation prior that Wendi was unaware and this murderous act was carried out on her behalf without her knowledge. The prosecution made a crystal clear point that Wendi ordered the hit.

This claim has been picked up by writers and commenters on several other widely read blogs, including TaxProf Blog (Paul Caron) and Jonathan Turley (in the comments). But is it an accurate representation of what the prosecution claimed at the hearing?

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Alas, no. I reached out to Georgia Cappleman, the prosecutor who delivered the closing statement in question. She said the correct version of her comment is what appeared in the Tallahassee Democrat:

It was always clear to [Rivera] that Katie [Magbanua] was the link to the Adelsons. Katie was the one who was hiring them to come to Tallahassee and commit the murder on behalf of Wendi so she could have the children all to herself.

Looking at this wording, with the word “hiring” in close proximity to “Wendi,” one can easily see how a listener — especially a “motivated” listener, i.e., someone believing in Wendi’s guilt — could have heard the prosecution accusing Wendi. But that’s not what Cappeleman said at last Friday’s bond hearing. As Cappleman explained to me, summarizing her prior in-court statements:

Rivera believed he was being hired by Wendi Adelson to kill Markel and that the murder was for her benefit. However, he had no direct communication with Wendi. Rather, this is his belief based on the circumstances and what [fellow defendant Sigfredo] Garcia told him.

I do not have any evidence that Wendi ordered the hit other than Rivera’s belief.

Exactly. And one shouldn’t place too much weight on that belief, for reasons I’ve previously explained (see the last few paragraphs of my prior post).

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I heard by email from “reallybusy,” who helpfully offered to share with me some reports from the courtroom, and I asked how certain he or she was about hearing the prosecution accuse Wendi. Here is what “reallybusy” said in response:

I could swear I heard “Wendi Adelson” not “the Adelsons,” as reported [in my post]. However, I was not taking notes, so I can’t be sure. Just noticed that what I said on Websleuths is getting picked up by other bloggers specifically headlining this point. So, to be clear, I’d need to hear it again to be 100%, but I was pretty sure that’s what I heard. [But in light of the Tallahassee Democrat’s version of the quote,] I can’t be 100%.

So there you go. The prosecution does not believe Wendi ordered the hit, at least not at the current time, and the source who reported otherwise is not 100 percent sure of what he or she heard.

That said, as someone based in New York and not on the ground in Tallahassee, I’m very grateful to “reallybusy” for sharing with me some detailed dispatches from the courtroom. Look for more of that information, including observations and photos not previously posted on Websleuths, in possible future stories.

FL – Dan Markel, 41, FSU law professor, Tallahassee, 18 July 2014 – #4 *Arrests* [Websleuths]
Does The Prosecution Believe (And Can It Prove) That Wendi Adelson (And Not Charlie Or Donna) Hired Katherine Magbanua And Sigfredo Garcia To Kill Dan Markel? [TaxProf Blog]
New Disclosures in Murder Of FSU Professor Dan Markel [Jonathan Turley]

Earlier: The Dan Markel Case: A Not-So-Merry Christmas For Katherine Magbanua
The Dan Markel Case: Why Isn’t Katherine Magbanua Cooperating?
The Dan Markel Case: Katherine Magbanua Indicted For First-Degree Murder
The Dan Markel Case: Katherine Magbanua’s Date With Destiny
The Dan Markel Case: Is Katherine Magbanua Cutting A Deal?

DBL square headshotDavid Lat is the founder and managing editor of Above the Law and the author of Supreme Ambitions: A Novel. He previously worked as a federal prosecutor in Newark, New Jersey; a litigation associate at Wachtell, Lipton, Rosen & Katz; and a law clerk to Judge Diarmuid F. O’Scannlain of the U.S. Court of Appeals for the Ninth Circuit. You can connect with David on Twitter (@DavidLat), LinkedIn, and Facebook, and you can reach him by email at dlat@abovethelaw.com.

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