The Dan Markel Case: The Probable Cause Affidavit For Charlie Adelson

A detailed document makes the case against Charles Adelson, Katherine Magbanua, Sigfredo Garcia, and Luis Rivera.

Charlie Adelson

Charlie Adelson

“Based on the above information, this investigator belives there is sufficient evidence to prove Charles Adelson, Katherine Magbanua, Sigfredo Garcia, and Luis Rivera are responsible for the murder of Daniel Markel.”

That’s the final line of the twenty-four page probable cause affidavit in the investigation of the murder of Professor Dan Markel. I wrote about it this morning, based on a report from the Tallahassee Democrat. Now that we have the probable cause affidavit itself, I’ll share some additional highlights, plus commentary.

Please keep in mind that, at the current time, nobody has been charged except for alleged hitmen Sigfredo Garcia and Luis Rivera. State Attorney Willie Meggs has so far declined to approve charges against anyone else. The members of the family of Wendi Adelson, Dan Markel’s ex-wife, have stated that none of them had anything to do with Markel’s murder.

In this post, I’m going to assume familiarity with our prior coverage and focus on the new information in the PC affidavit. In the screenshots below, you might see traces of cutting and pasting, but not in any way that affects substance; it’s just to eliminate white space in between page breaks. As we generally try to do here at Above the Law, we have made the original document available for your review.

Now let’s dive into the affidavit. From pages two to three:

PC affidavit 1

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Telling Dan that his two sons with Wendi would be converted to Catholicism? If true — and remember that these are just law enforcement allegations, so the “if true” caveat should apply to this entire post — well, that’s just insane. Wendi was wise to reject the idea.

From pages three to four, discussing what happened after Wendi Adelson’s interview with law enforcement on the day of the shooting:

PC affidavit 2

So Charlie Adelson called Katherine Magbanua immediately after speaking with his mother Donna Adelson, presumably to discuss the shooting of Dan Markel. Investigators view this as “significant” in light of their belief that “Magbanua was the person that facilitated the homicide in that she is the link between Charlie Adelson and the shooters.” But Charlie would probably respond that it would be only natural for him to call his girlfriend with such major news.

From pages four to five:

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PC affidavit 3

I had received this report of Wendi changing the boys’ names some time ago, but from a source of mine on an “off the record” basis. Now that it’s in the PC affidavit, it can be reported. It strikes me as a sad attempt by Wendi to sever her boys’ remaining ties to their father and his side of the family.

Pages five through thirteen of the affidavit discuss evidence relating to the silver Prius reportedly driven by Sigfredo Garcia and Luis Rivera on the morning of the murder and the extensive communications between the alleged co-conspirators around the time of the shooting. I discussed these communications in my prior post; I would just add that one of the cellphones in question was apparently registered to Harvey Adelson, but from the affidavit it seems police believe it was used by Donna Adelson, not her husband Harvey.

From pages 13 to 14:

PC affidavit 4

These are the post-murder vehicle purchases that I previously discussed. The cars in question — unlike the various vehicles owned by Charlie Adelson, including a Ferrari — are not particularly expensive. So lawyers for Rivera and Garcia could argue that they acquired them using funds unrelated to the Adelsons.

From page 14:

PC affidavit 5

The checks to Katherine Magbanua that were signed by Donna Adelson can presumably be explained as tied to Magbanua’s employment at the Adelsons’ dental practice. The cash deposits remain unexplained, but remember that we haven’t heard anything from Magbanua about the facts of this case. (She was not part of the Adelson family’s joint statement denying involvement in Markel’s murder.)

I previously expressed curiosity about how an undercover agent was able to speak to the Adelsons about the Markel murder. The affidavit is a little cryptic, but it sounds like the agent made a blackmail threat to the Adelsons related to the killing. From page 16 (the time period in question is around April 19 of this year):

PC affidavit 6

Donna’s reference to a “TV” is interesting. Recall how Charlie used to joke about a new television being cheaper than hiring a hitman.

On April 20, shortly after the undercover agent reached out to Donna Adelson, Charlie Adelson and Katherine Magbanua met at a restaurant. They had a conversation that was intercepted in part by police, as discussed on page 18 (“CA” is “Charlie Adelson”):

PC affidavit 7

Over the next few days, the alleged co-conspirators had discussions and arguments about how to deal with the supposed blackmailer. For example, from page 20:

PC affidavit 8

And from page 21:

PC affidavit 9

In my earlier post, I suggested that Harvey Adelson was not involved in this situation. But the excerpt above, along with a statement on page 20 saying that “Charlie told Magbanua that he was talking to his parents about everything,” raises the possibility that Harvey learned, perhaps after the fact, about whatever was vexing Donna and Charlie.

Also from page 21:

PC affidavit 10

Donna telling the agent that she “had nothing to do with the death of her ex-son-in-law,” including her suggestion that the agent seek out reward money if he knows anything about Markel’s killing, is a helpful fact for her. Donna then chatting with Charlie about her interactions with the agent in a disguised fashion seems less helpful for her.

Pages 22 through 24 of the affidavit discuss attempts by the police and FBI to contact Katherine Magbanua and Sigfredo Garcia, who both sound more concerned than confused by the contacts. (Most people, if contacted out of the blue by law enforcement, would be confused.)

The affidavit does not explain how Charlie and Donna Adelson resolved the situation with the undercover agent posing as a would-be blackmailer. It doesn’t appear that they ever paid him the requested $5,000. Instead, it seems they figured out he was from law enforcement; page 22 of the affidavit describes Charlie telling Katherine about “pot belly pigs,” which the affidavit interprets as a reference to the police.

Here is the affidavit’s somewhat abrupt conclusion (page 24):

PC affidavit 11

As mentioned earlier, State Attorney Willie Meggs has so far declined to approve arrest warrants for Katherine Magbanua or any of the Adelsons, dismissing theories implicating any of them as “speculation.” But no legal doctrine — no statute of limitations, no double jeopardy (jeopardy hasn’t attached), no speedy-trial concern (the clock hasn’t started running) — prevents Meggs from changing his mind about suspects he has not yet charged. Indeed, sources have told the Tallahassee Democrat to expect more arrests in this case.

Here’s an opinion that one of our Florida sources shared with us after reading the affidavit:

This seems like enough evidence [to make some moves]. However, Willie is a very, very good prosecutor (and former cop), and he doesn’t want to blow the one and only chance the state would get in this murder to prosecute. Better to sit and wait, and let the stress and strain uncover what it will. I think we have a very cool game of cat and mouse going on, and Willie is a master.

But whoever ordered the murder of Dan Markel — someone who has managed to escape arrest or prosecution for more than two years, someone who has not yet cracked under pressure — is no dummy either. Whether this cat catches his mouse, or whether someone will literally get away with murder, remains to be seen.

(Flip to the next page for the probable cause affidavit for Charlie Adelson.)

Earlier: The Murder Of Dan Markel: The Case Against Donna Adelson


David Lat is the founder and managing editor of Above the Law and the author of Supreme Ambitions: A Novel. You can connect with David on Twitter (@DavidLat), LinkedIn, and Facebook, and you can reach him by email at dlat@abovethelaw.com.