Dan Markel

Dan Markel
Born Daniel Eric Markel
(1972-10-09)October 9, 1972
Toronto, Ontario, Canada
Died July 19, 2014(2014-07-19) (aged 41)
Tallahassee, Florida, U.S.
Cause of death Gunshot wound
Residence Tallahassee, Florida, U.S.
Occupation Law professor, author
Spouse(s) Wendi Jill Adelson (2006-2013)
Children 2

Daniel Eric "Dan" Markel (October 9, 1972 – July 19, 2014) was an attorney and legal academic in the United States who wrote important works on retribution in criminal law and sentencing, with a focus on the role of punishment in the criminal justice system. A native of Toronto, Ontario, Canada,[1][2] he was murdered in Tallahassee, Florida in 2014. Three suspects in the case—Sigfredo Garcia, Luis Rivera and Katherine Magbanua—were arrested almost two years later; Rivera pleaded guilty in a deal to provide evidence against the other suspects. Police have said more arrests are expected in what they consider a murder for hire motivated by Markel's bitter divorce from Wendi Adelson (an attorney and formerly a clinical law professor and child advocate employed at Florida State University), and attendant custody fight over the couple's two children.[3][4]

Documents released in September 2016 indicated that the Tallahassee Police Department viewed Charlie Adelson (Wendi Adelson's brother) and Donna Adelson (Wendi Adelson's mother) as implicated in the killing.[5] Rivera, who pled guilty to his part in the murder, stated that Garcia, who allegedly carried out the actual shooting, described the motivation for the killing as "Because the lady wants her two kids back. She wants full custody of the kids... We're going to kill this guy for the kids."[6] Prosecutors stated that other statements of Rivera's could implicate Wendi Adelson in the plot to murder Markel, but that they would require further corroboration.[7][8]

The Adelsons deny any involvement; according to a statement issued by their lawyers, "none of the Adelsons — Wendi, her brother Charlie, or their parents Donna and Harvey — had anything to do with Dan [Markel]'s murder."[9]

Early life and education

Daniel Eric Markel[10] was born and raised in Toronto.[11][12]

He studied politics and philosophy as a Harvard undergraduate, graduating magna cum laude.[12][13] Markel completed graduate studies at the Hebrew University of Jerusalem and earned a master's degree in political theory from Emmanuel College, Cambridge[10] before receiving his J.D. from Harvard Law School in 2001.[13][14]

Before entering teaching, Markel served as law clerk to Judge Michael Daly Hawkins of the United States Court of Appeals for the Ninth Circuit[15] and was an associate with the law firm Kellogg, Huber, Hansen, Todd, Evans & Figel in Washington, D.C., practicing white-collar criminal defense.[16]

Markel joined the Florida State University College of Law in 2005;[16] he was tenured in 2010.[14] Markel held the post of D'Alemberte Professor of Law at the FSU College of Law.[12]

Work

Markel co-authored a book exploring the intersection between crime, punishment and family, Privilege or Punish: Criminal Justice and the Challenge of Family Ties (2009).[12][17]

Markel was a co-founder of a blog for law professors, PrawfsBlawg.[12] His law review articles included an argument for the abolition of the death penalty published in the Harvard Civil Rights-Civil Liberties Law Review,[18] a critique of the use of shaming as punishment published in the Vanderbilt Law Review,[19] and a paper on punitive damages published in the University of Pennsylvania Law Review.[20]

Also interested in sports law, he and his co-authors proposed a method of giving fans an opportunity to participate in the management of sports teams.[21] He also wrote opinion pieces for the New York Times, Slate, and the Atlantic, among other publications.[22]

In addition to his scholarship, he was a consultant for the defense in a federal prosecution in New Jersey involving rabbis accused of extortion by the FBI.[23]

Murder

Markel was shot at his home in Tallahassee, Florida shortly before 11 a.m. on July 18, 2014, and died early the next day.[24] He was talking on the phone as he pulled into his garage, and said that he saw someone in his driveway.[25] The Tallahassee Police Department announced that Markel was the intended victim and termed his death a murder.[26] On August 1, 2014, the Associated Press reported that emergency medical response was delayed because a dispatcher erroneously classified the call as less serious than it was.[27]

A highly regarded and popular professor, Markel was the subject of many tributes from the academic community.[12][22] The day after his death, a memorial service was held at the synagogue he had attended, Congregation Shomrei Torah, in Tallahassee. Markel is buried in Pardes Shalom Cemetery in Maple, Ontario.[28]

A $25,000 CrimeStoppers reward was initially offered. A separate, independently funded $100,000 award was offered in July 2015.[29] At that time, the one-year anniversary of the murder, the Tallahassee Police Department called a press conference and showed photographs of a Silva-Mica Toyota Prius, asking the public for help in locating the vehicle.[30] The police also released un-redacted police reports from the crime scene in February 2016, but these contained no new information regarding the crime, only the names of police officers who visited the crime scene.[31]

2016 developments

On May 26, 2016, a suspect, Sigfredo Garcia, 34, of Miami Beach, was arrested for first-degree murder based on a warrant issued by a Leon County judge. Tallahassee police would not release further details, but told reporters that the killing was being investigated as a murder for hire and sources said that they expected more arrests in the case.[4][32] A few days later, a judge in Leon County Court ordered the probable cause affidavit behind the arrest unsealed. The affidavit revealed investigators' belief that Garcia and Luis Rivera, 33, had traveled from the Miami area in a rented Toyota Prius, staying in motels the nights of July 16 and 17, 2014, to commit the crime.[3][4] Evidence included cellular phone, banking and SunPass electronic toll collection records; security camera footage from buildings and city buses along the streets Markel and the alleged killers had driven, and the testimony of an unnamed informant along with a nearby witness.[33] The morning of the killing, they had trailed Markel as he ran errands and went to the gym, until they could shoot him at his home.[3] Documentation later filed with the court indicated an earlier trip by Rivera and Garcia's first trip to Tallahassee on June 4–6, 2014, several weeks before the murder, in what investigators termed a botched first attempt at the murder.[34] The media later released videos of the Toyota Prius stalking Markel throughout Tallahassee on July 18, 2014.[35] as well as pictures of the defendants in a Prius during the relevant times.[36][37]

The affidavit further outlined investigators' theory that Markel's death was a contract killing, since neither of the accused knew Markel, and no property was taken. The motive was believed to be the desire of the family of Wendi Adelson, Markel's ex-wife, to allow her to relocate to the Miami area with the children. Wendi had been granted 50-50 custody when the couple's acrimonious divorce had been finalized in 2013, and Markel had won an order prohibiting her from moving to Miami with the children. Markel filed a motion in 2014 that would have prohibited his mother-in-law Donna Adelson from being alone and unsupervised with the children due to alleged disparaging remarks about their father. Investigators alleged Adelson's brother, Charlie Adelson, who reportedly disliked Markel, was in a "personal relationship" with Katherine Magbanua, Garcia's former partner and the mother of Garcia's two children. Magbanua was the first call Garcia dialed after Markel was murdered.[33]

Documents released in September 2016 indicated that the Tallahassee Police Department viewed Charlie Adelson (Wendi Adelson's brother) and Donna Adelson (Wendi Adelson's mother) as implicated in the killing. According to police, after the killing, Katherine Magbanua (the mother of suspected killer Garcia's children, as well as a former girlfriend of Charlie Adelson) received handwritten paychecks from the Adelson family's dentistry practice signed by Donna Adelson; at the same time, suspected killers Sigfredo Garcia and Luis Rivera purchased several cars and motorcycles. Police claimed payments to Magbanua totalled more than $56,000 and that "Magbanua is supported financially by Charlie Adelson and has received numerous benefits from the Adelsons since Markel’s murder."[5] Prosecutors also alleged that Charlie Adelson partially paid for Katherine Magbanua's breast enhancement surgery.[38] Police also said that in September 2015, Katherine Magbanua "started using" a Lexus "registered to Harvey Adelson and previously used by Charlie Adelson."[39] State Attorney Willie Meggs dismissed the police-requested probable-cause affidavits as "speculation" and he refused to issue warrants for the arrest of Charlie Adelson and Katherine Magbanua. Charlie Adelson's attorney praised Meggs for refusing to issue the warrants.[5]

Tapes from Wendi Adelson's interview with the police on the day of the murder showed that Charlie Adelson had joked about hiring a hitman to kill Markel.[40] In the interview, Wendi stated that she had spoken with her brother on the morning of the murder and that "He knew Danny treated me badly and it was always his joke, he said, 'I looked into hiring a hitman and it was cheaper to get you this TV so I got you this TV,'" adding "He would never. I told that to the repair guy this morning. He asked me how much it cost, and I said I didn’t know because it was a gift because my brother said it was cheaper than a hit-man. It was my divorce present. Such a horrible thing to say. I’m so, so sorry."[40] The tapes also show Wendi Adelson speaking to her mother Donna Adelson on the phone; afterward she remarked to a victim's advocate, "My parents sounded really surprised, so that’s at least a relief... My parents would be angry but they're not capable of this. Thank God. I really couldn't handle that right now."[40]

A grand jury in Leon County indicted Garcia and Rivera on charges of first-degree murder in connection with Markel's killing on June 17, 2016.[4] Rivera had already been jailed on unrelated federal charges since 2014; he had pleaded guilty in federal court in Fort Lauderdale to racketeering conspiracy arising from his leadership of the North Miami group of the Latin Kings gang, was sentenced to more than 12 ½ years' imprisonment, and is currently incarcerated at the Coleman federal prison in central Florida.[41] Both men initially pleaded not guilty, and prosecutors sought the death penalty for the two.[42]

Katherine Magbanua was arrested on October 1, 2016 in Broward County and charged with first degree murder in connection with the case.[43][44] Charlie Adelson's attorney David Oscar Markus denounced the arrest, saying, "It's sad that the police have arrested Katie when just last week the prosecution said there was no basis to proceed. They are trying to pressure a single mom who has no priors by threatening to make her little kids orphans. That's not how our criminal justice system is supposed to work."[38]

Several days later, Rivera reached a plea bargain and agreed to change his plea to guilty of second-degree murder.[45] Florida State Attorney Willie Meggs said that as part of his plea deal, Luis Rivera will testify against Katherine Magbanua and Sigfredo Garcia.[45] Charlie Adelson's attorney denounced the plea bargain as a "deal with the devil."[38] According to reports of Rivera's police interview released to the media, Rivera confirmed Katherine Magbanua's role as go-between, saying “Katie is the woman in the middle doing everything." Rivera also stated that when Garcia recruited him for the murder, he described the motivation for the killing as "Because the lady wants her two kids back. She wants full custody of the kids... We're going to kill this guy for the kids."[6]

Rivera, also claimed that while driving past Wendi Adelson in Tallahassee the day before the killing, Rivera told Garcia that he was nervous about the way she was looking at them, asking Garcia, "Who is this lady, why is she looking so much?" to which Garcia responded, "Oh, that's the lady. That's Wendi."[6] Prosecutors stated that this could implicate Wendi Adelson in the suspected murder-for-hire plot, but that they were unable to confirm or deny Rivera's claim.[7] Wendi Adelson's attorney responded that "Rivera is hardly a credible witness, and as everyone in this investigation recognizes, he has no personal knowledge about the statements he made concerning Wendi."[8]

Sigfredo Garcia's trial, originally scheduled for November 14, 2016 in Tallahassee, has been postponed.[38][46] No trial date has been set for Magbanua, who is being held without bond.[47]

Personal life

Markel married Wendi Jill Adelson in February 2006.[13] They had two sons, one born in 2009 and one in 2010. Adelson left the marriage and the couple separated in 2012. Their divorce became final in 2013.[48][49]

Markel was dating N.Y.U. law professor Amy Adler at the time he was murdered.[50]

See also

References

  1. ↑ Markel, Dan (7 June 2011). "One of the best posts on health care I've seen, ever.". Prawfsblawg. Retrieved 19 July 2015.
  2. ↑ "Canadian professor was killed in targeted attack, Florida police say". The Globe and Mail. July 21, 2014. Retrieved 19 July 2015.
  3. 1 2 3 "Documents: Markel Custody Battle May be Motive for His Murder". WTXL-TV. June 2, 2016. Retrieved June 2, 2016.
  4. 1 2 3 4 Karl Etters, Two indicted in Markel slaying, Tallahassee Democrat (June 17, 2016).
  5. 1 2 3 Etters, Karl (September 21, 2016). "Documents detail potential links to Markel's in-laws". Tallahasee Democrat. Retrieved September 27, 2016.
  6. 1 2 3 Etters, Karl (October 10, 2016). "Rivera: 'We were coming up here to kill somebody'". Tallahasee Democrat. Retrieved October 10, 2016.
  7. 1 2 Rossman, Sean (October 11, 2016). "Adelson sighting could 'implicate' Markel's ex". Tallahassee Democrat. Retrieved October 12, 2016.
  8. 1 2 Etters, Karl (October 12, 2016). "Wendi Adelson's attorney questions Rivera's credibility". Tallahassee Democrat. Retrieved October 12, 2016.
  9. ↑ Anderson, Curt (August 3, 2016). "Ex-wife of slain Florida law professor denies role in death". Associated Press. Retrieved October 5, 2016.
  10. 1 2 Obituaries, Emmanuel College Magazine, Vol. XCVII (2014-2015) p. 208.
  11. ↑ Dan Markel, Toronto-born law prof, dead after shot in Florida home, CBC News (July 21, 2016)./
  12. 1 2 3 4 5 6 John Schwartz, Police Seek Clues in Fatal Shooting of Widely Known Criminal Law Professor in Florida: Dan Markel's Death Reverberates Among Legal Scholars, New York Times (July 21, 2014).
  13. 1 2 3 "Wendi Adelson and Dan Markel". The New York Times. February 26, 2006.
  14. 1 2 Gary Fineout & Joe Reedy, Mystery Remains After Arrest in Killing of Florida Professor, ABC News (May 26, 2016).
  15. ↑ Dan Markel, Tribute, Senior Judge Michael Daly Hawkins: A Judge for Justice, 43 Ariz. St. L.J. 57 (2001).
  16. 1 2 Criminal Law Scholar Dan Markel Joins Faculty (press release), Florida State University College of Law (May 1, 2005).
  17. ↑ Markel, Dan; Collins, Jennifer; Lieb, Ethan (April 2009). Privilege or Punish: Criminal Justice and the Challenge of Family Ties. Oxford University Press, USA. ISBN 0195380061.
  18. ↑ "State, Be Not Proud: A Retributivist Defense of the Commutation of Death Row and the Abolition of the Death Penalty". ssrn.com.
  19. ↑ "Are Shaming Punishments Beautifully Retributive? Retributivism and the Implications for the Alternative Sanctions Debate". ssrn.com.
  20. ↑ "How Should Punitive Damages Work?". ssrn.com.
  21. ↑ "Catalyzing Fans". ssrn.com.
  22. 1 2 Jacob Gershman. "Legal Academic World Shaken by Shooting Death of FSU Professor". Wall Street Journal.
  23. ↑ Albert Samaha. "Legal Consultant on Divorce Extortion Cases Murdered in Florida". Village Voice.
  24. ↑ Sean Rossman, Tallahassee Democrat (July 19, 2014). "FSU law professor dies in shooting". Tallahassee Democrat.
  25. ↑ "Law professor was 'on the phone when he saw killer in his driveway who followed him' - Daily Mail Online". Mail Online.
  26. ↑ "Florida Law Professor Dan Markel Was 'Intended Victim' in Slaying". The Forward. July 22, 2014.
  27. ↑ Associated Press, Error Made By Dispatcher in Professor Shooting
  28. ↑ Jennifer Portman and Sean Rossman (July 26, 2014). "Friends recall Dan Markel". Tallahassee Democrat.
  29. ↑ Karl Etters, 'Not finished yet': More arrests likely in Markel case, Tallahassee Democrat (May 26, 2016).
  30. ↑ Jeff Berlew, New information released in the Markel case. , Tallahassee Democrat (July 17, 2015).
  31. ↑ Julie Montanaro, TPD Released New Documents in Markel Murder Case, WCTV (February 25, 2016).
  32. ↑ Karl Etters, Markel killing investigated as murder for hire, more arrests expected, Tallahassee Democrat (May 26, 2016).
  33. 1 2 Bennett, Sherrie (May 25, 2016). "Probable Cause, Case 14-019848" (PDF). Townnews.com. Retrieved June 2, 2016.
  34. ↑ Etters, Karl (August 2, 2016). "Documents reveal early Markel investigation". Tallahasee Democrat. Retrieved October 6, 2016.
  35. ↑ WCTV, State Attorney's Office Unveils New Evidence in Markel Murder Investigation, WCTV (June 24, 2016),
  36. ↑ Tallahassee Police Department, Sigfredo Garcia Probable Cause Attachment A, Court Document (June 24, 2016).
  37. ↑ WCTV, "Suspect Passes Bus", State Attorney's Office Unveils New Evidence in Markel Murder Investigation, WCTV (June 24, 2016).
  38. 1 2 3 4 Etters, Karl (October 4, 2016). "Prosecutor: Plea deal a 'necessary evil' in Markel case". Tallahasee Democrat. Retrieved October 5, 2016.
  39. ↑ Gershman, Jacob (October 3, 2016). "Third Person Charged in Murder of FSU Law Professor Dan Markel". The Wall Street Journal. Retrieved October 5, 2016.
  40. 1 2 3 Etters, Karl (August 26, 2016). "Wendi Adelson: Brother joked about hiring hitman". Tallahassee Democrat. Retrieved October 6, 2016.
  41. ↑ Rebeca Piccardo & Paula McMahon, New details in FSU law prof's murder show second suspect is South Florida Latin Kings gang leader, Sun-Sentinel (June 4, 2016).
  42. ↑ Etters, Karl (September 29, 2016). "Judge denies Markel suspect's request for change of venue". Tallahassee Democrat. Retrieved October 2, 2016.
  43. ↑ "New Suspect arrested in Dan Markel case". October 1, 2016. Retrieved October 2, 2016.
  44. ↑ Etters, Karl (October 1, 2016). "Suspected link in Markel killing charged with murder". Tallahassee Democrat. Retrieved October 2, 2016.
  45. 1 2 Mehta, Diana (October 4, 2016). "Daniel Merkel killing: man pleads guilty in death of Canadian professor". Global News.
  46. ↑ Rossman, Sean (October 17, 2016). "Sigfredo Garcia trial pushed back". Tallahassee Democrat. Retrieved October 18, 2016.
  47. ↑ Rossman, Sean (October 11, 2016). "No bond for Katherine Magbanua in Markel killing". Tallahassee Democrat. Retrieved October 12, 2016.
  48. ↑ Aradillas, Elaine. "Suspect Arrested in 2014 Execution-Style Murder of Florida State Professor Dan Markel". people.com. People. Retrieved 26 May 2016.
  49. ↑ Gutman, Matt (July 2014). "FSU Professor Was Talking on Cell Phone When Shooting Happened". abcnews.go.com. ABC News. Retrieved 26 May 2016. Their divorce was acrimonious, punctuated by dozens of court filings, hearings and a protracted custody battle over their two boys. Markel described the day Adelson left him as his "Pearl Harbor," friends told ABC News. Markel told friends that, without warning, Adelson had packed up the house and the children and left while he was away on a business trip.
  50. ↑ Bondarenko, Veronika (August 3, 2016). "Law Professor's Ex-Wife Denies Involvement in His Murder — After Boyfriend Talks". The Forward. Retrieved October 6, 2016.
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