The Dan Markel Case: The Latest Developments
As another year draws to a close, the killers of Dan Markel have not yet been brought to justice.
Sigfredo Garcia
As another year draws to a close, the killers of Professor Dan Markel have not yet been brought to justice. Only one defendant, Luis Rivera, has been convicted — and Rivera did not act alone. Rivera told prosecutors that he acted together with his friend Sigfredo Garcia, under the direction of Katherine Magbanua, who was in turn acting at the behest of… others.
If anything, it seems that the wheels of justice are turning even more slowly. Judge James Hankinson granted Sigfredo Garcia’s motion to continue his trial for six months from the original date of January 22. But this should be it; Judge Hankinson noted that he has delayed the trial twice and doesn’t plan to do so again. A new trial date should be set on January 3, Garcia’s next appearance in court.
Generative AI In Legal Work — What’s Fact And What’s Fiction?
Why the delay? Garcia’s lead lawyer, Saam Zanganeh, cited the “overwhelming” amount of evidence in the case. That might not be a great thing for defense counsel to say — but Zanganeh actually projects confidence, promising a “very unique and unexpected defense.”
I’m eager to hear it. Thus far, the various defense lawyers haven’t offered anything “unique and unexpected.” Instead, their statements so far suggest that they’ll go with the not very unique, entirely expected defense of painting the prosecution’s main witness, Luis Rivera, as a career criminal with credibility problems.
Another possible reason for delay: change of counsel. One of Garcia’s lawyers, Mutaqee Akbar, recently withdrew as counsel, citing “irreconcilable differences” with his client. Garcia’s core legal team is now back to Saam Zanganeh and Mauricio Padilla. This led one reader to wonder:
Akbar withdrew as SG’s defense attorney because of irreconcilable differences with SG…. MAYBE Akbar advised SG to accept a plea deal in exchange for testifying against the KM and the alleged masterminds BUT SG and his machismo adamantly refused, and mensch Akbar could not continue in good conscience given the evidence and odds against his client?
OR Maybe SG stopped paying/never paid Akbar so he’s quitting? BUT who is paying Saammy? Who paid Akbar if he was paid? And another attorney who’s been listed for the last year-plus is Padilla. SO SG has had THREE different defense attorneys all working for him — it appears even simultaneously at one point. Who is paying for all these attorneys? “Immediate family” again? The State? Didn’t SG claim poverty?
Sponsored
Generative AI In Legal Work — What’s Fact And What’s Fiction?
The Business Case For AI At Your Law Firm
Is The Future Of Law Distributed? Lessons From The Tech Adoption Curve
Navigating Financial Success by Avoiding Common Pitfalls and Maximizing Firm Performance
This reader’s recollection is correct — late last year, Garcia claimed he was indigent and unable to afford a lawyer — but any such issue has been mysteriously resolved in the interim. Zanganeh is not being paid by the state.
I reached out to Saam Zanganeh, who explained that he has been Garcia’s lead lawyer for most of the case (except for a few months at the start, when Garcia had a lawyer out of Broward County). Zanganeh told me he had a relationship with a family member of Garcia’s that brought him into the case. As for Akbar’s departure, Zanganeh said that while he’s a “wonderful guy,” he just has “too much on his plate” to be handling a murder case going to trial in a few months.
I then asked Zanganeh: who’s paying your fees, especially given Garcia’s claim at one point of indigence? Other than confirming that he’s not court-appointed counsel, Zanganeh declined to comment on the subject of who’s paying for his services.
As for co-defendant Katherine Magbanua, who also had an issue relating to her legal fees, her trial is currently set for January 22 — but look for that to move as well. Right now Magbanua and Garcia are scheduled to be tried together, but prosecutor Georgia Cappleman raised the possibility at yesterday’s hearing of seeking separate trials.
Finally, while we wait for more developments, feel free to check out the People Magazine Investigates episode on the Markel case, which aired on Monday night (disclosure: I’m interviewed in it). It’s an excellent and fair-minded overview of the case, told in compelling fashion. The reenactments featuring actors are a bit cheesy — they should have just stuck with archival footage, like the 20/20 episode on the case — but there’s some good new material, including interviews with close friends of Dan’s like Professors Ethan Leib, Mark Spottswood, and Howard Wasserman.
Sponsored
Legal AI: 3 Steps Law Firms Should Take Now
Navigating Financial Success by Avoiding Common Pitfalls and Maximizing Firm Performance
So it’s worthwhile viewing for those who have been following the case — and hoping that everyone responsible for Dan Markel’s murder is finally held accountable.
People Magazine Investigates: Who Killed Popular Florida State Law Professor Dan Markel? [People]
Murder trial delayed again for gunman accused of Dan Markel slaying [Tallahassee Democrat]
Judge grants request for delay in murder trial of Sigfredo Garcia [WCTV]
Sigfredo Garcia’s trial for killing of FSU law professor moved back six months [WTXL]
David Lat is editor at large and founding editor of Above the Law, as well as 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.
