The Dan Markel prosecution has secured five convictions, yet two individuals the state has formally identified as unindicted co-conspirators — Wendi Adelson and Harvey Adelson — remain uncharged. We examine the legal and strategic posture with a defense attorney and former prosecutor.
Markel, a Florida State University law professor, was killed in 2014 amid protracted post-dissolution litigation with Wendi Adelson concerning custody and relocation. Prosecutors have maintained that the conspiracy was motivated by the family's desire to move Wendi and the children to South Florida after a court denied relocation. Convictions have followed against the two gunmen, the intermediary, Charlie Adelson, and Donna Adelson, who was sentenced to life.
Following Donna Adelson's conviction, the State Attorney indicated charging decisions would be made within weeks. No indictment, grand jury action, or public announcement has issued in the interval. We address the questions that follow: the evidentiary burden of pursuing a perjury theory against a witness who testified under limited immunity; whether the proof previously deemed insufficient as to Harvey Adelson has materially changed; and how the pending appellate proceedings — oral arguments in Charlie Adelson's appeal have been heard, with Donna Adelson's appeal also pending — bear on prosecutorial timing.
Our guest offers a disciplined assessment of what the continued silence signals and at what point a decision not to charge becomes, in effect, a decision to decline.
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This publication contains commentary and opinion based on publicly available information. All individuals are presumed innocent until proven guilty in a court of law. Nothing published here should be taken as a statement of fact, health or legal advice.
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