The Dan Markel Case: The Wheels Of Justice Turn Slowly
When will alleged hitman Sigfredo Garcia stand trial?
Sigfredo Garcia
Summer in Tallahassee is not particularly pleasant. It’s hot and humid, the kind of weather that makes you want to not move — which brings us to the Dan Markel murder case, inching its way through the courts (despite the prosecution’s efforts to move things along).
Florida State University law professor Dan Markel was murdered, shot as he sat in his car outside his home, almost three years ago. A Miami-area man by the name of Sigfredo Garcia was arrested for the murder, more than one year ago. A friend of Garcia’s, Latin Kings gang leader Luis Rivera, quickly pleaded guilty to the Markel murder — and claimed he got involved at Garcia’s behest.
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Despite the testimonial and other evidence against Garcia, don’t expect resolution in his case anytime soon. He has pleaded not guilty, and earlier this week, his trial date was set. It’s not until next year, as the Tallahassee Democrat reports:
A [January 22] trial date has been set for accused killer Sigfredo Garcia, but with his defense attorneys pressing on with their own investigation, it may be longer before a jury hears the case….
Assistant State Attorney Georgia Cappleman pushed for a November trial, but Garcia’s attorney Mutaqee Akbar said the defense’s investigation would require more time….
“It’s a first-degree murder case so there’s a lot of investigation that’s needed, but we’re going to push to have a trial date by (January),” Akbar said. “It’s our job now to dig into it and look at what the state didn’t look into.”
Fair enough; criminal defendants deserve adequate time to prepare their cases, especially when the death penalty’s on the table. But I also see the point of prosecutor Georgia Cappleman:
“Homicide trials are things that you can work on your entire life and still find more work to do,” she said. “But eventually you need to draw the line in the sand and get some closure for the family.”
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Alas, convicting just Sigfredo Garcia will not bring closure to the Markel family. Last month, the Markels released a statement through their attorney, leading litigator Orin Snyder of Gibson Dunn (who’s handling the case for them pro bono):
Dan was a brilliant scholar, beloved friend, adoring son and brother, and devoted father. His boys were the light of his life, and their father was stolen from them. The Markel Family is grateful to the Tallahassee Police Department, the State Attorney’s Office, and all their law enforcement partners for their continuing efforts to bring Dan’s killers to justice. The Markel Family will not rest, and complete justice won’t be achieved until all those responsible for this heinous murder are held responsible for their despicable crimes.
I’d add an emphasis to that final sentence: “complete justice won’t be achieved until ALL those responsible for this heinous murder are held responsible for their despicable crimes.”
Presumably that would include defendant Katherine Magbanua, who stands accused of serving as a go-between connecting Rivera and Garcia with members of the Adelson family — Dan Markel’s former in-laws, until his ugly divorce from Wendi Adelson.
Katie Magbanua has two children with Sigfredo Garcia but also once dated Charlie Adelson, Markel’s ex-brother-in-law. Magbanua received significant payments from the Adelsons and their dental practice in the weeks and months after Markel’s murder. Law enforcement authorities believe this isn’t just a giant coincidence.
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The Adelsons have consistently maintained their innocence, and they have not yet been charged with anything in connection with the Markel murder. But that doesn’t mean they will never be charged; as prosecutor Georgia Cappleman pointedly noted last month, there’s no statute of limitations for murder.
Will we see faster progress in this case in July and August? Maybe the remaining defendants will be more forthcoming after they start feeling the heat. The Leon County jail is surely not a nice place to spend the dog days of summer.
Trial date set for suspect in Dan Markel murder [WTXL]
Murder trial set for Sigfredo Garcia [Tallahassee Democrat]
Trial Date Set in Murder of Fla. State Law Prof Dan Markel [Law.com]
Prosecutor not ruling out charges for ex-in-laws in Markel case [Tallahassee Democrat]
David 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 [email protected].
