The Dan Markel Case: A Most Interesting Email

What might happen to the two children of Dan Markel and Wendi Adelson in the event of arrests?

Wendi Adelson

Wendi Adelson

Things have been quiet in the Dan Markel murder investigation for the past few days. The last big news was the release of confessed hitman Luis Rivera’s videotaped interview with the police, in which Rivera suggested that Markel’s ex-wife, Wendi Adelson, might have been involved in the law professor’s murder (a contention that Adelson’s attorney vigorously disputed).

I’d guess that prosecutors are right now trying to win cooperation from Katherine Magbanua, the woman who allegedly facilitated the murder-for-hire plot against Markel. She was arrested last weekend and has been denied bond. She has no criminal record and therefore no experience with the criminal justice system, and she appeared nervous at her bail hearing. I would guess (and hope) that it’s only a matter of time before she shares what she knows.

If Magbanua (or any other witness or evidence) ends up implicating some of the Adelsons (who have denied any involvement in the murder), what might that mean for Dan Markel and Wendi Adelson’s two children, who currently live with their mother (who lives with her parents, as far as we know)? Here’s a report from WCTV on a most interesting email:

The email was sent by Dan Markel’s mother Ruth to lead prosecutor Georgia Cappleman on September 30th. The email was included with court documents recently released in the case. It is not clear if the email was intentionally included in the documents or released by mistake.

In the email, Ruth Markel discusses a “tight plan for emergency placement due to arrests” with Cappleman, appearing to refer to a plan for Dan Markel’s children in the event that Markel’s in-laws, the Adelsons, are arrested in the case.

The email goes on to list a contact for the Jewish Adoption & Foster Care Options center in Broward County.

Here’s the full text of the email:

Dear Georgia,

There are few words to express our appreciation that you really understood our concerns about the children. We thank you for moving the plea-bargaining process forward. We will sleep better at night. As the situation evolves we need a tight plan for emergency placement, due to arrests.

Please contact:
Sara Franco Executive Director
JAFCO

We will talk about other arrangements and issues in the next few weeks. Thank you again for all your work and support in this tragedy.

Ruth, Phil and Shelly

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Note that this email was dated September 30, and Luis Rivera didn’t plead guilty until October 4. This suggests that the Markels have been kept in the loop about the progress of the case — which shouldn’t be surprising, given their status as relatives of the victim — and that investigators were working on getting Rivera to talk for a while. (Note in his October 4 interview the reference to an earlier, shorter interview session on September 30.)

It’s possible that the Markels’ plans for emergency placement of the children could be premature. WCTV adds:

Despite the email’s reference to possible arrests, State Attorney Willie Meggs tells us no further arrests in the case are imminent.

No members of the Adelson family have been charged with a crime, and lawyers for the family deny they had anything to do with Markel’s murder.

But one can hardly blame the Markels for thinking ahead. Much progress has been made in this case over the past few months, and if Katie Magbanua starts talking, the case could break wide open.

Who takes custody of the two children could turn on a major question in this case: was Wendi Adelson involved in, or informed of, the plot to kill her ex-husband? If yes, and she gets arrested, then presumably the children go to the Markel family up in Toronto. If not, but if other members of the Adelson family end up getting arrested, that’s a trickier situation (and, from the perspective of Dan and Wendi’s two kids, still heartbreaking).

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I’ve shared my views on the Wendi question before, so I won’t belabor them here. We will know the truth soon enough.

Email in Markel case suggests additional arrests forthcoming [WCTV]

Earlier: The Dan Markel Case: Luis Rivera Points The Finger At Wendi Adelson
The Dan Markel Case: Wendi Adelson’s Lawyer Calls Out Her Accuser


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.