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<v Speaker 6>You are now listening to True Murder, The most shocking

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<v Speaker 6>killers in True crime history and the authors that have

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<v Speaker 6>written about him Gasey, Bundy, Dahmer, The Nightstalker BTK. Every

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<v Speaker 6>week another fascinating author talking about the most shocking and

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<v Speaker 6>infamous killers in true crime history. True Murder with your

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<v Speaker 6>host journalist and author Dan Zupanski.

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<v Speaker 1>Good Evening.

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<v Speaker 5>A devoted father, one of the most accomplished criminal law

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<v Speaker 5>scholars in the country. Someone wanted him dead, but why.

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<v Speaker 5>On the morning of July eighteenth, twenty fourteen, forty one

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<v Speaker 5>year old Florida State law professor Dan Markel dropped his

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<v Speaker 5>boys off at preschool at the gym and headed home

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<v Speaker 5>to his quiet tree canopied neighborhood. Within seconds of pulling

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<v Speaker 5>into his garage, two thirty eight caliber bullets fired from

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<v Speaker 5>point blank range were lodged in his brain. His brutal

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<v Speaker 5>slaying defied explanation. The case went stone cold for nearly

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<v Speaker 5>two years before dogget pursued by the Tallahassee Police and

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<v Speaker 5>the FBI resulted in the arrest of two lifelong criminals

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<v Speaker 5>who had driven ten hours from Miami with one singular

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<v Speaker 5>purpose to murder the esteem professor were his ex wife,

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<v Speaker 5>Wendy Adelson and her South Florida family. The masterminds behind

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<v Speaker 5>this horrific crime. Extreme Punishment is the riveting story of

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<v Speaker 5>a divorce between two law professors that spiraled out of control,

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<v Speaker 5>wealthy in laws, hell bent on revenge, and an unlikely

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<v Speaker 5>love triangle, and the relentless quest to bring Dan's killers,

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<v Speaker 5>all of them to justice.

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<v Speaker 1>The book that we're.

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<v Speaker 5>Featuring this evening is Extreme Punishment, The chillings true story

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<v Speaker 5>of acclaimed law professor Dan Markel's murder, with my special guest,

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<v Speaker 5>journalist and author Steven b Epstein. Welcome back to the program,

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<v Speaker 5>and thank you so much for this interview. Steven b Epstein,

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<v Speaker 5>thanks so much for having me Dan. One slight correction,

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<v Speaker 5>not a journalist, I'm an attorney. Thank you so much

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<v Speaker 5>for that correction. Let's start as you do right in

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<v Speaker 5>the very beginning, and you take us to July eighteenth,

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<v Speaker 5>twenty fourteen, and too right next door to two thousand

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<v Speaker 5>and two one one six Trescott Drive, Benton Hill's a

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<v Speaker 5>suburb of Tallahassee, and the neighbors Jim and Sharon Geiger

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<v Speaker 5>what do they see?

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<v Speaker 1>In twenty fourteen.

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<v Speaker 7>It was actually a little before eleven am. They were

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<v Speaker 7>sitting in their living room fiddling on an iPad when

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<v Speaker 7>Jim Geiger, who was a seventy two year old grandfather

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<v Speaker 7>former school teacher, heard something that sounded like a firecracker

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<v Speaker 7>go off toward his front yard. He sprang up from

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<v Speaker 7>the left seat they were sitting on and started looking

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<v Speaker 7>around trying to figure out what had happened, and eventually

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<v Speaker 7>cluded on the fact that the noise had come from

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<v Speaker 7>Dan Markel's property just next door. So he goes over

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<v Speaker 7>to the driveway, walks up toward the garage, but he

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<v Speaker 7>notices that Dan's car is there and it's on, so

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<v Speaker 7>he figures everything's fine. He goes back home, and he

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<v Speaker 7>figures Dan's going to leave the driveway and go somewhere,

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<v Speaker 7>but that doesn't happen. So he goes back a second time,

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<v Speaker 7>and when he gets right up beside the car next

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<v Speaker 7>to the driver's seat, front window is shattered, the driver's

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<v Speaker 7>side window is shattered, and he's stepping on glass, and

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<v Speaker 7>he looks inside and Dan Markel is all bloody, slumped

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<v Speaker 7>over behind the steering wheel of his car.

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<v Speaker 5>At the same time, his wife, Wendy is where is

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<v Speaker 5>she and what is she doing?

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<v Speaker 7>By that time, Wendy was his ex wife. They had

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<v Speaker 7>gotten divorced the prior summer, so they've now been divorced

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<v Speaker 7>a little bit more than one year. She is living

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<v Speaker 7>about fifteen minutes away, and she's going through her morning

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<v Speaker 7>in her home. It's a summer, so neither of them

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<v Speaker 7>have teaching responsibilities at Florida State Law School where they

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<v Speaker 7>both taught. And she's going about her day now.

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<v Speaker 5>She's doing some errands and she's running around. She goes

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<v Speaker 5>to a liquor store, and she went to lunch with

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<v Speaker 5>a couple of friends. At about two point thirty though,

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<v Speaker 5>she's approached by someone correct tell us about that who

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<v Speaker 5>approaches her at that time.

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<v Speaker 7>The person who approaches her is a police investigator with

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<v Speaker 7>the Tallahassee Police Department named Craig Isom, and Craig Isom

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<v Speaker 7>says to the three women, is there a Wendy Agelson

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<v Speaker 7>here and Wendy She officially says, well, yes, that's me,

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<v Speaker 7>and he tells her that there's been an incident and

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<v Speaker 7>he needs her to come downtown to the police station

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<v Speaker 7>to talk about it.

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<v Speaker 5>Now, he wants to speak with her when he gives

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<v Speaker 5>her the details, and what are those details, what is

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<v Speaker 5>her reaction?

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<v Speaker 7>Well, she understand that she was at the police station

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<v Speaker 7>from two forty five PM until about seven forty five

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<v Speaker 7>or even close to eight o'clock PM, So she was

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<v Speaker 7>there for a very long time, and her reactions ranged

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<v Speaker 7>the gamut. So she became fairly hysterical upon finding out

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<v Speaker 7>that Dan had been shot and that he wasn't going

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<v Speaker 7>to survive, And lots of stuff happened during those five

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<v Speaker 7>plus hours. In fact, so much so that two entire

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<v Speaker 7>chapters chapter two and three of my book are pretty

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<v Speaker 7>much just that interview of Wendy Adelson at the police station.

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<v Speaker 5>Talk about Wendy Adelson in that five hour interview, and

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<v Speaker 5>Investigator Isom felt that it was quite important to talk

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<v Speaker 5>to her and talk about the divorce and the divorce proceedings. So,

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<v Speaker 5>as you say, much of that is spoken about in

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<v Speaker 5>the book. Tell us what she informs him about the

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<v Speaker 5>status of their marriage and the reasons for the divorce

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<v Speaker 5>and the status of the hearing that was upcoming.

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<v Speaker 7>Well, she says a lot of things, and again it's

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<v Speaker 7>quite a broad range, but she said that Dan Markel

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<v Speaker 7>had been emotionally abusive to her during the marriage, that

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<v Speaker 7>they had lots of disagreements. They disagreed about Judaism. They

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<v Speaker 7>were both Jewish, but they disagreed about how Jewish they

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<v Speaker 7>should be and how Jewish they should raise their two boys.

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<v Speaker 7>They disagreed about things about the children, and so on

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<v Speaker 7>and so on. But one of the things that you

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<v Speaker 7>pick up on fairly quickly from the interview is that

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<v Speaker 7>her family members, most significantly her mother Donna, her father Harvey,

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<v Speaker 7>and her brother Charlie, really don't like Dan Markel, and

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<v Speaker 7>we're angry with him for the way they perceived he

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<v Speaker 7>was treating her both during the marriage and especially after

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<v Speaker 7>they separated, And she brings them up constantly, and at

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<v Speaker 7>one point even says that as a joke, Charlie had

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<v Speaker 7>said he had gotten her a large screen TV as

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<v Speaker 7>a divorce present because it was cheaper than hiring a

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<v Speaker 7>hit man. So there's all kinds of stuff that she

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<v Speaker 7>says that pretty much points the finger at her family

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<v Speaker 7>members as being mad enough to not necessarily do this,

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<v Speaker 7>but to do something.

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<v Speaker 5>One of the major things that had happened was that

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<v Speaker 5>she had lost again along with her family, the real

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<v Speaker 5>location motion to be able to relocate near her family.

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<v Speaker 5>Can you explain what she how she explained that to im.

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<v Speaker 7>I don't remember the specifics of how she explained it

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<v Speaker 7>to IM because it blurs in my mind with what

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<v Speaker 7>was actually happening in the relocation battle. And in fact,

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<v Speaker 7>there is a chapter in the book, chapter ten, entitled Relocation.

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<v Speaker 7>But the long and short of it is Wendy and

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<v Speaker 7>Dan wound up in Tallahassee, Florida when Dan got a

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<v Speaker 7>assistant professor position on the law faculty in two thousand

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<v Speaker 7>and five. Wendy was still in law school at the

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<v Speaker 7>University of Miami at the time, and ironically she was

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<v Speaker 7>living in Miami, he was living in Washington, d C.

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<v Speaker 7>They weren't even engaged at that point, and they decide,

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<v Speaker 7>you know what, if this whole thing between us works out,

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<v Speaker 7>we'll wind up going wherever I land a teaching job.

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<v Speaker 7>They eventually get engaged, and that summer they moved to Tallahassee,

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<v Speaker 7>Florida to start a life together with Their wedding tended

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<v Speaker 7>to take place in February of two thousand and six,

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<v Speaker 7>and so they wind up in this place neither has

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<v Speaker 7>ever lived. Wendy's family, as you said, is from South Florida.

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<v Speaker 7>She's seven hours away, and she doesn't really want to

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<v Speaker 7>be there. Dan didn't really want to be there either.

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<v Speaker 7>He wanted to be in a higher profile faculty position

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<v Speaker 7>on a faculty at He actually had a job interview

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<v Speaker 7>at Berkeley, and he wanted to be at a place

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<v Speaker 7>more like that than Florida State. But circumstances being what

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<v Speaker 7>they were, they wind up in Tallahassee and they have

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<v Speaker 7>two kids, and the kids are both in preschool, and

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<v Speaker 7>at the time of the separation, Wendy said, I don't

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<v Speaker 7>need to stay here anymore. I'm not married to him anymore.

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<v Speaker 7>I want to go back home, and she filed emotion

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<v Speaker 7>in the family court to permit her to relocate to

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<v Speaker 7>South Florida with the two children, which would require Dan

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<v Speaker 7>basically to become a long distance dad. And not surprisingly,

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<v Speaker 7>Dan said, no, I'm not agreeing to that, and he

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<v Speaker 7>fought very hard to prevent it from happening, and he won.

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<v Speaker 7>That was in the summer of twenty thirteen, about a

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<v Speaker 7>year before he was killed.

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<v Speaker 5>Now back to Tallahassee investigators, how do they proceed with

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<v Speaker 5>the limited evidence that they do have, like the eyewitness

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<v Speaker 5>testimony of the next door neighbors, how do they proceed?

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<v Speaker 7>Well, it was interesting because Jim Geiger had seen the

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<v Speaker 7>car leaving the driveway. I'm sorry I left that part

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<v Speaker 7>out earlier. I apologize, but when that's why he had

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<v Speaker 7>a suspicion that something nefarious had gone on. Was not

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<v Speaker 7>only about the firecracker, but he saw a car at

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<v Speaker 7>the edge of Dan's driveway that was speeding away, and

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<v Speaker 7>that's why he initially went over to see if everything

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<v Speaker 7>was okay and was convinced it was when he saw

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<v Speaker 7>Dan's car running. But he described that car to the

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<v Speaker 7>nine to one to one dispatcher as a light colored

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<v Speaker 7>Prius and that was the first clue that investigators had

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<v Speaker 7>as to who might have done this to Dan Markel.

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<v Speaker 7>Very quickly, they were able to retrace dan steps from

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<v Speaker 7>that morning and learn that he had been to his gym,

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<v Speaker 7>Premier Fitness, and got security camera footage of the parking lot,

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<v Speaker 7>and lo and behold, they saw Dan's Honda Accord, his

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<v Speaker 7>black Honed Accord, come into the parking lot about nine

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<v Speaker 7>to fifteen that more, and right behind it was a

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<v Speaker 7>light colored prius, and they were actually able to see

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<v Speaker 7>Dan leave the parking lot after his workout and the

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<v Speaker 7>prius was following him. They couldn't get the license plate.

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<v Speaker 7>The clarity of the video wasn't good enough to get

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<v Speaker 7>the license plate. But then they got more security camera

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<v Speaker 7>footage from city buses and they literally watched this prius

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<v Speaker 7>following Dan almost all the way to his home before

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<v Speaker 7>the buses lost sight of that car. And then after

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<v Speaker 7>the murder was committed, another bus had this vehicle, this

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<v Speaker 7>Prius in its security footage and it showed not only

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<v Speaker 7>a driver, but somebody sitting in the passenger seat. The

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<v Speaker 7>windows were tinted so you couldn't really make anything out

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<v Speaker 7>as to who these people were. And again they still

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<v Speaker 7>didn't have a good image where they could make out

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<v Speaker 7>the drivers the license plate, but they were well on

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<v Speaker 7>their way, and lo and behold, this vehicle had a

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<v Speaker 7>SunPass transponder for the tollways down there, and eventually they

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<v Speaker 7>were able through the sun Pass transponder and DOT records

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<v Speaker 7>to find the exact vehicle that was pictured in all

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<v Speaker 7>of the security camera footage. And the home run for

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<v Speaker 7>them was when they got information regarding one of the

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<v Speaker 7>men who had actually rented the car. His name is

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<v Speaker 7>Louis Rivera. They got bank records from him that showed

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<v Speaker 7>he had made a withdrawal of fifty dollars or forty

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<v Speaker 7>dollars from his bank down in South Florida that same

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<v Speaker 7>evening after the murder had been committed, and the security

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<v Speaker 7>camera footage from the ATM gave crystal clear images of

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<v Speaker 7>both men, who were Leuis Rivera and Sigfredo Garcia, in

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<v Speaker 7>a light colored Toyota Prias, and they had solved it

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<v Speaker 7>at that point. Now, everything that I just described took

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<v Speaker 7>a year and a half basically for investigators to piece together.

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<v Speaker 5>Now, what did they do when they have these two

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<v Speaker 5>people that they believe are the hitmen? What do they

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<v Speaker 5>do to further expand on their investigation?

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<v Speaker 7>They did an undercover sting operation, and so they The

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<v Speaker 7>theory of Craig Eisen literally from the moment was sitting

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<v Speaker 7>across from him talking about her divorce and how nasty

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<v Speaker 7>it was talked about her parents and her brother. His

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<v Speaker 7>theory from day one was that that's the motive he

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<v Speaker 7>wouldn't cooperate in the relocation Dan Markel and lo and

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<v Speaker 7>behold two days after he's killed, Wendy literally was relocated

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<v Speaker 7>with her children to South Florida because there was no

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<v Speaker 7>more Dan Markel, no more divorce court to stand in

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<v Speaker 7>the way. So that was the theory from day one.

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<v Speaker 7>And they didn't know initially what the connection was between

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<v Speaker 7>these two Hispanic hit men who had long rap sheets

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<v Speaker 7>and the Adelson's, but they were determined to find out.

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<v Speaker 7>One of the ways they started finding out was street

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<v Speaker 7>telephone records, which established that not only did Sigfredo Garcia

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<v Speaker 7>father two children with a woman named Katie Magbenowa, that

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<v Speaker 7>same woman, Katie Macbaniwa, was in a relationship, a romantic

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<v Speaker 7>relationship with Charlie Adelson, Wendy's brother at the time of

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<v Speaker 7>the hit on Dan Markel, essentially a love triangle where

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<v Speaker 7>Katie was in the middle and the go between between

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<v Speaker 7>Charlie Adelson and the Wilson family and the two men

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<v Speaker 7>who put two bullets in Dan Markel's head. So they

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<v Speaker 7>decided to do this sting operation, and they began it

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<v Speaker 7>by what's called a bump where an undercover agent literally

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<v Speaker 7>bumps into Donna Adelson who is at her condo in

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<v Speaker 7>South Beach and walking across the street to pick up

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<v Speaker 7>Wendy's children and Dan's children, Ben and Lincoln at their school,

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<v Speaker 7>and hands her a piece of paper and tells her

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<v Speaker 7>that my brother, he's incarcerated, and he wasn't taken care

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<v Speaker 7>of the same way that Tuto, who is sik Credo

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<v Speaker 7>Garcia's nickname, and Katie have been taken care of. You

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<v Speaker 7>need to do the right thing and take care of

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<v Speaker 7>my brother. And on that sheet of paper that he

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<v Speaker 7>handed to Donna Adelson was an article about the one

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<v Speaker 7>year anniversary of Dan Markel's slang and a figure five

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<v Speaker 7>thousand dollars and a telephone number, essentially a blackmail demand

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<v Speaker 7>to pay this guy who's posing as a gangster five

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<v Speaker 7>thousand dollars or they're going to rat out the Adelson

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<v Speaker 7>family because essentially what they're saying is we know exactly

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<v Speaker 7>what happened, and we're going to turn y'all in if

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<v Speaker 7>you don't pay us five thousand dollars. And that sets

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<v Speaker 7>off a series of events and phone calls, many of

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<v Speaker 7>which were wiretapped, that eventually leads to tons of information

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<v Speaker 7>about what the Adolson family knew about the hit on

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<v Speaker 7>Dan Markell and who was involved and so forth.

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<v Speaker 5>This bump was meant designed to battle the cages of

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<v Speaker 5>people involved, and one of those people that they believed

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<v Speaker 5>Isisen believed was involved heavily was Donna Adelson herself, and.

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<v Speaker 7>One of the reasons he believed that goes back to

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<v Speaker 7>the divorce. Some of the material that they recovered from

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<v Speaker 7>Wendy Adelson's computer, which they got in their possession the

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<v Speaker 7>same day she was interviewed the night of the murder

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<v Speaker 7>were emails that Donna had written to Wendy both before

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<v Speaker 7>and after the relocation battle, where she was adamant that

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<v Speaker 7>they were going to get Wendy and the kids relocated

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<v Speaker 7>come hell or high water, and told Wendy that she

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<v Speaker 7>needed to do some pretty horrible things to convince Dan

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<v Speaker 7>to make the move to let the kids move to

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<v Speaker 7>South Florida, the most significant of which were converting the

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<v Speaker 7>kids to Catholicism. They were Jewish and Dan was very

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<v Speaker 7>observant in his religion, and that would have killed them

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<v Speaker 7>if the kids were converted to Catholicism. And that's the

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00:16:12.159 --> 00:16:15.799
<v Speaker 7>type of gamesmanship that Donna Adelson displayed in her emails

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<v Speaker 7>to Wendy, who, by the way, didn't go along. She

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<v Speaker 7>didn't convert the kids to Catholicism, or do any of

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<v Speaker 7>the other things that Donna was urging her to do.

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<v Speaker 7>This became Donna Adelson's battle, it was clear from those emails,

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<v Speaker 7>perhaps even more so than Wendy's battle to get the

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<v Speaker 7>kids relocated to where the Adelsons lived in South Floria.

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<v Speaker 5>To put everything in context too, though Donna hated the family,

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<v Speaker 5>hated Dan Markel, but in the proceedings with his ex

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<v Speaker 5>wife Wendy, he had quite the aggressive behavior re litigiously

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<v Speaker 5>as well.

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<v Speaker 7>Can you explain no question about it. Dan was very

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<v Speaker 7>skilled with the use of language. He was a prolific

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<v Speaker 7>criminal law and criminal theory scholar. He had written twenty

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<v Speaker 7>plus Lauriview articles a book, was speaking all over the country,

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<v Speaker 7>all over the world on on topics regarding punishment and

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<v Speaker 7>criminal punishment theory. And though he didn't represent himself in

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00:17:06.240 --> 00:17:08.920
<v Speaker 7>the divorce proceedings, he wrote all of the pleadings that

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00:17:08.960 --> 00:17:11.440
<v Speaker 7>were filed in Port and there was a lot of

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00:17:11.480 --> 00:17:15.079
<v Speaker 7>vitriolic language that he used. And you know, Wendy's parents

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00:17:15.119 --> 00:17:17.559
<v Speaker 7>were paying for her legal bills, and they were reading

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00:17:17.599 --> 00:17:19.880
<v Speaker 7>every word and it was just riling them up. And

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<v Speaker 7>it was clear from the back and forth, Dan would

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<v Speaker 7>file something and then the next day Donna would be

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<v Speaker 7>emailing Wendy about it, and it was riling everybody up.

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<v Speaker 7>And you know, nobody would have thought at the time

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<v Speaker 7>that they would get so angry with him they would

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<v Speaker 7>put two bullets in his head. But that's exactly what

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<v Speaker 7>investigators believe happened.

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<v Speaker 5>Now with Donna and this bump, and she's approached, and

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<v Speaker 5>investigators believe that this will rattle her cage. But does

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00:17:43.960 --> 00:17:47.640
<v Speaker 5>it rattle Donna's cage? And but does But how does

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<v Speaker 5>she react? And who does she speak to?

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<v Speaker 7>The very first person she calls is Charlie Adelson, and

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<v Speaker 7>she uses some cryptic language. But he asked her who

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<v Speaker 7>does it involve, and she says, under her breath home

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<v Speaker 7>the two of us. He says who, because he didn't

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00:18:02.680 --> 00:18:05.160
<v Speaker 7>hear her, and she says, the two of us. I

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<v Speaker 7>think you know what I'm talking about, which is obviously

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<v Speaker 7>highly incriminating. She doesn't say, I have no idea what

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<v Speaker 7>this is about, Like why on earth would somebody be

346
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<v Speaker 7>talking about this and handing me a thing about Danny's murder?

347
00:18:16.920 --> 00:18:19.079
<v Speaker 7>Should we go to the police? And none of that happened.

348
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<v Speaker 7>It was right away. This involves the two of us.

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<v Speaker 7>I think you know what I'm talking about, and they

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<v Speaker 7>arrange to get together the next day. In fact, Donna

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<v Speaker 7>really wanted to talk with him that afternoon, but it wasn'tconvenient,

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<v Speaker 7>and Wendy was going to come pick up the kids,

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<v Speaker 7>and then there was Harvey and where was he going

354
00:18:33.640 --> 00:18:35.759
<v Speaker 7>to fit in? So they arranged to meet the next

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<v Speaker 7>day around lunchtime, which they did just outside of the

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<v Speaker 7>South Beach condo that Donna lived in. It's actually a

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<v Speaker 7>picture in the book of the two of them sitting

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<v Speaker 7>in plotting strategy. And right after that meeting with Donna

359
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<v Speaker 7>and Charlie goes to meet with Katie macbanoa. Now I

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<v Speaker 7>should say that right after he gets off the phone

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<v Speaker 7>with Donna, Charlie calls Katie mcbanawa and tells her what

362
00:18:58.400 --> 00:19:02.799
<v Speaker 7>had happened with the bump and of significance, Katie mcbana,

363
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<v Speaker 7>what hasn't been his girlfriend? This is April of twenty sixteen.

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<v Speaker 7>This is happening. She hasn't been his girlfriend since the

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<v Speaker 7>fall of twenty fourteen. And the reason why he says

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<v Speaker 7>he's calling her is because Donna told him that that

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<v Speaker 7>the undercover agent, who she at the time thought was

368
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<v Speaker 7>a gangster, had mentioned one of Charlie's ex girlfriends, and

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<v Speaker 7>that's the pretense under which Charlie says he's calling her,

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00:19:26.079 --> 00:19:27.839
<v Speaker 7>and they say. She says to him, well, you have

371
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<v Speaker 7>like a thousand ex girlfriends, Why are you calling me?

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<v Speaker 7>He says, yeah, that's right, I do. Maybe it's one

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<v Speaker 7>of the other ones. But he never calls anybody else

374
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<v Speaker 7>because he knows this is about this bump, is about

375
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<v Speaker 7>what happened to Dan Markel, and this bump therefore had

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<v Speaker 7>to do with who was involved in the plot. And

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<v Speaker 7>the first person he calls after Donna tells him about

378
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<v Speaker 7>the bump is Katie mcbana. Why her, well, because she

379
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<v Speaker 7>was the middle person between the Atolsins and the hitman.

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<v Speaker 5>Now investigators believe that they may be able to pressure

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<v Speaker 5>her into giving up this entire scheme and who were involved.

382
00:20:01.319 --> 00:20:02.880
<v Speaker 1>How does it work though, when she's.

383
00:20:02.759 --> 00:20:06.720
<v Speaker 7>Questioned, well, you're talking about Katie mcmanawa, Yes, she isn't questioned.

384
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<v Speaker 7>So they tried to talk to her. They got to

385
00:20:10.920 --> 00:20:13.359
<v Speaker 7>the point where they had gotten all the useful information

386
00:20:13.680 --> 00:20:15.920
<v Speaker 7>they were going to get out of the undercover operation,

387
00:20:15.960 --> 00:20:19.559
<v Speaker 7>which essentially ended when both Charlie and Donna called the

388
00:20:19.640 --> 00:20:23.079
<v Speaker 7>undercover agent and professed to knowing nothing. And so they

389
00:20:23.119 --> 00:20:27.079
<v Speaker 7>were getting about ready to arrest Sigfredo Garcia. That was

390
00:20:27.160 --> 00:20:29.400
<v Speaker 7>going to be the first arrest, and they showed up.

391
00:20:29.480 --> 00:20:32.519
<v Speaker 7>The FBI shows up at his workplace, and at the

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00:20:32.599 --> 00:20:36.880
<v Speaker 7>same time, Craig Isom is banging on the front door

393
00:20:37.079 --> 00:20:39.359
<v Speaker 7>to the town home that the two of them are

394
00:20:39.400 --> 00:20:42.319
<v Speaker 7>living in. They're back together again. They got back together,

395
00:20:42.640 --> 00:20:45.440
<v Speaker 7>you know, less than a year after the murder, and

396
00:20:45.680 --> 00:20:48.000
<v Speaker 7>as I said, Charlie Adelson was no longer her boyfriend,

397
00:20:48.160 --> 00:20:50.200
<v Speaker 7>and they're living together in this town home. And so

398
00:20:50.440 --> 00:20:52.839
<v Speaker 7>now you have Sigfredo Garcia at his workplace having to

399
00:20:52.880 --> 00:20:55.480
<v Speaker 7>answer questions from the FBI, and he tries to be

400
00:20:55.559 --> 00:20:57.920
<v Speaker 7>cooperative or says he's trying to be cooperative. At the

401
00:20:57.960 --> 00:21:01.359
<v Speaker 7>same time, Craig Isom and another FBI agent are knocking

402
00:21:01.440 --> 00:21:04.000
<v Speaker 7>on the front door to their town home and Katie

403
00:21:04.039 --> 00:21:08.400
<v Speaker 7>mcbanoh is inside panicking, calling her. She calls Garcia her husband.

404
00:21:08.400 --> 00:21:10.400
<v Speaker 7>They were never legally married, but she calls her. She

405
00:21:10.440 --> 00:21:13.160
<v Speaker 7>calls him her husband. She's calling him, no answer, and

406
00:21:13.200 --> 00:21:15.759
<v Speaker 7>there's no answer because he's now talking with the FBI,

407
00:21:16.039 --> 00:21:18.119
<v Speaker 7>and she gets a coworker of his and like, there's

408
00:21:18.119 --> 00:21:20.200
<v Speaker 7>people knocking on my door. I don't know what to do.

409
00:21:20.640 --> 00:21:22.640
<v Speaker 7>Are they the cops? Can you help me? And it's

410
00:21:22.799 --> 00:21:25.000
<v Speaker 7>very clear she's panicked. The long and short of is

411
00:21:25.079 --> 00:21:28.119
<v Speaker 7>she never actually opens that door. They never do question her,

412
00:21:28.359 --> 00:21:31.079
<v Speaker 7>and not that day, but a couple of days later

413
00:21:31.359 --> 00:21:34.880
<v Speaker 7>they arrest Sigfredo Garcia, and now she's living out, you know,

414
00:21:34.960 --> 00:21:37.720
<v Speaker 7>without him. He's on the inside, she's on the outside,

415
00:21:37.759 --> 00:21:40.000
<v Speaker 7>and she's trying to live her life. She doesn't get

416
00:21:40.079 --> 00:21:43.119
<v Speaker 7>arrested until October first of twenty sixteen.

417
00:21:43.160 --> 00:21:43.839
<v Speaker 1>He got arrested.

418
00:21:43.880 --> 00:21:45.680
<v Speaker 7>I think it was May twenty fifth of two thousand,

419
00:21:45.720 --> 00:21:49.559
<v Speaker 7>so there's a four plus month gap, and they don't

420
00:21:49.599 --> 00:21:52.119
<v Speaker 7>question her in that time, and she doesn't volunteer to

421
00:21:52.160 --> 00:21:53.880
<v Speaker 7>come in and talk to the police. It's kind of

422
00:21:53.880 --> 00:21:56.279
<v Speaker 7>a cat and mouse game until she's finally arrested. And

423
00:21:56.519 --> 00:21:59.920
<v Speaker 7>that's the point at which they thought she would squeal,

424
00:22:00.200 --> 00:22:03.559
<v Speaker 7>because it's either that or spending a bunch of time,

425
00:22:03.599 --> 00:22:05.200
<v Speaker 7>if not the rest of her life in prison. And

426
00:22:05.240 --> 00:22:10.279
<v Speaker 7>amazingly enough, from October first, twenty sixteen to this very day,

427
00:22:10.400 --> 00:22:12.720
<v Speaker 7>she's never spilled the beans on anybody.

428
00:22:12.640 --> 00:22:16.400
<v Speaker 5>What do police learn from Rivera and where is he?

429
00:22:16.759 --> 00:22:20.079
<v Speaker 7>So Rivera was arrested I want to say, two weeks

430
00:22:20.119 --> 00:22:23.160
<v Speaker 7>approximately after Garcia, and it was a lot easier to

431
00:22:23.160 --> 00:22:25.680
<v Speaker 7>bring him into custody than it was Garcia because he

432
00:22:25.720 --> 00:22:28.279
<v Speaker 7>was already in custody. He was in a federal prison

433
00:22:28.440 --> 00:22:31.480
<v Speaker 7>for being involved in gang activity. He was a member

434
00:22:31.720 --> 00:22:34.519
<v Speaker 7>and actually a leader of the Latin Kings gang in

435
00:22:34.640 --> 00:22:37.279
<v Speaker 7>North Miami and was rounded up as part of a

436
00:22:37.400 --> 00:22:41.200
<v Speaker 7>huge Rico case a year before. So he had been

437
00:22:41.319 --> 00:22:44.119
<v Speaker 7>in jail and then prison after he was convicted and

438
00:22:44.160 --> 00:22:47.400
<v Speaker 7>senced for quite some time. At the time they arrested

439
00:22:47.480 --> 00:22:50.359
<v Speaker 7>him on the charges of murder for the murder of

440
00:22:50.400 --> 00:22:54.440
<v Speaker 7>Dan Markel. And he initially when he talked with Isom

441
00:22:54.599 --> 00:22:57.559
<v Speaker 7>and the FBI lead agent Pat Sanford, the first time,

442
00:22:57.680 --> 00:22:59.599
<v Speaker 7>he tried to play dumb, as if he didn't know

443
00:22:59.759 --> 00:23:03.480
<v Speaker 7>who Garcia was, as if he had never been to Tallahassee.

444
00:23:03.559 --> 00:23:07.200
<v Speaker 7>They showed him the ATM photograph of him and Garcia

445
00:23:07.279 --> 00:23:09.599
<v Speaker 7>in the prius and he said, Okay, maybe we were

446
00:23:09.599 --> 00:23:12.240
<v Speaker 7>in Tallahassee, but we were just going to visit Florida State.

447
00:23:12.480 --> 00:23:15.839
<v Speaker 7>And eventually it became clear that he was going to

448
00:23:15.880 --> 00:23:19.519
<v Speaker 7>have to talk or he was potentially facing the death penalty,

449
00:23:19.799 --> 00:23:22.440
<v Speaker 7>and so his court appointed lawyer worked out a deal

450
00:23:22.519 --> 00:23:25.000
<v Speaker 7>with the government where he was going to turn state's

451
00:23:25.000 --> 00:23:27.720
<v Speaker 7>evidence and would offer a profit statement and then testify

452
00:23:27.839 --> 00:23:32.000
<v Speaker 7>any resulting trials. In exchange for his current sentence, which

453
00:23:32.039 --> 00:23:34.640
<v Speaker 7>was twelve and a half years, to be increased only

454
00:23:34.680 --> 00:23:36.279
<v Speaker 7>by six and a half years. He would have a

455
00:23:36.359 --> 00:23:39.359
<v Speaker 7>nineteen year sentence on the murder charges he would plead

456
00:23:39.359 --> 00:23:42.039
<v Speaker 7>to second degree murder, he'd be sentenced to nineteen years,

457
00:23:42.279 --> 00:23:45.759
<v Speaker 7>but those nineteen years would run concurrently with his existing

458
00:23:45.799 --> 00:23:48.200
<v Speaker 7>twelve and a half year federal sentence, so basically only

459
00:23:48.200 --> 00:23:50.720
<v Speaker 7>an additional six and a half years in prison because

460
00:23:50.759 --> 00:23:53.319
<v Speaker 7>he was the first one to get to the government

461
00:23:53.400 --> 00:23:55.480
<v Speaker 7>and turn state's evidence, and he did, and.

462
00:23:55.559 --> 00:23:58.000
<v Speaker 5>He had a really good deal, and he also said

463
00:23:58.000 --> 00:24:00.119
<v Speaker 5>that he was not the shooter, correct.

464
00:24:00.119 --> 00:24:02.839
<v Speaker 7>Did I don't know how much that had to do

465
00:24:02.960 --> 00:24:05.400
<v Speaker 7>with how good a deal he got, because at the

466
00:24:05.480 --> 00:24:07.079
<v Speaker 7>end of the day, it didn't really matter that you

467
00:24:07.160 --> 00:24:09.359
<v Speaker 7>had two men in that priests that pulled up right

468
00:24:09.440 --> 00:24:12.200
<v Speaker 7>behind Dan Markel's vehicle and somebody had to go do

469
00:24:12.240 --> 00:24:14.519
<v Speaker 7>the shooting, and they both knew it was going to

470
00:24:14.559 --> 00:24:17.240
<v Speaker 7>be done, and Rivera was in the driver's seat bringing

471
00:24:17.680 --> 00:24:20.839
<v Speaker 7>Garcia to kill Dan Markel, So the culpability was about

472
00:24:20.880 --> 00:24:23.839
<v Speaker 7>equal on both sides, even though Garcia, according to Rivera,

473
00:24:24.119 --> 00:24:25.920
<v Speaker 7>is the one who actually squeezed the trigger.

474
00:24:25.960 --> 00:24:28.599
<v Speaker 5>So you talk about Garcia being arrested and in the

475
00:24:28.799 --> 00:24:32.799
<v Speaker 5>ensuing time they do not be able to question meg

476
00:24:32.839 --> 00:24:34.119
<v Speaker 5>Bawana mag Banowa.

477
00:24:34.200 --> 00:24:37.160
<v Speaker 7>It's a lot of people say Magnanua. She herself says

478
00:24:37.160 --> 00:24:39.920
<v Speaker 7>mag Banawa, her attorneys say mag Banawa. Therefore, I think

479
00:24:40.119 --> 00:24:41.920
<v Speaker 7>the correct way of saying it is mag Banawa. But

480
00:24:42.000 --> 00:24:43.720
<v Speaker 7>her name's been pronounced a lot of different ways by

481
00:24:43.720 --> 00:24:45.200
<v Speaker 7>a lot of different people covering this case.

482
00:24:45.359 --> 00:24:49.559
<v Speaker 5>Catherine meg Banoa plus enough, thank you. So this ensuing

483
00:24:49.680 --> 00:24:52.319
<v Speaker 5>gap of time, when they're not they're not able to

484
00:24:52.400 --> 00:24:55.920
<v Speaker 5>question her, how do they proceed with Garcia? And what

485
00:24:56.000 --> 00:24:59.519
<v Speaker 5>information do they get from him that they won't already have?

486
00:25:00.200 --> 00:25:00.640
<v Speaker 1>Whatsoever?

487
00:25:00.680 --> 00:25:04.440
<v Speaker 7>They get nothing from him? Unlike Rivera's attorney. First of all, he,

488
00:25:04.640 --> 00:25:08.920
<v Speaker 7>unlike Rivera, has a privately retained attorney named som Zangana,

489
00:25:09.160 --> 00:25:11.640
<v Speaker 7>who has a very interesting backstory that I develop in

490
00:25:11.680 --> 00:25:15.799
<v Speaker 7>great detail and book. But Zangana never enters into plean

491
00:25:15.839 --> 00:25:19.440
<v Speaker 7>negotiations with the government. There's a pretty good reason why not,

492
00:25:19.839 --> 00:25:22.880
<v Speaker 7>and that's because sick Fredo Garcia can Just as much

493
00:25:22.880 --> 00:25:26.680
<v Speaker 7>as Katie mcbanowa considered Sigfredo Garcia her husband, Sigfredo Garcia

494
00:25:26.759 --> 00:25:30.880
<v Speaker 7>considered Katie McDonald his wife and squealing. If you look

495
00:25:30.920 --> 00:25:32.839
<v Speaker 7>at this the way that the evidence has been developed

496
00:25:32.839 --> 00:25:35.079
<v Speaker 7>and the way it's been proven in court, squealing would

497
00:25:35.119 --> 00:25:38.160
<v Speaker 7>have involved squealing on her. And remember, initially she wasn't

498
00:25:38.200 --> 00:25:40.160
<v Speaker 7>even arrested, so you have this period of four to

499
00:25:40.240 --> 00:25:42.119
<v Speaker 7>five months where she's not even arrested, then she is,

500
00:25:42.480 --> 00:25:45.200
<v Speaker 7>and that, in my view, is what prevented him from

501
00:25:45.200 --> 00:25:47.720
<v Speaker 7>coming forward and making a deal. The way that Rivera

502
00:25:47.759 --> 00:25:50.680
<v Speaker 7>made a deal, Rivera was ratting out his best friend

503
00:25:50.680 --> 00:25:54.240
<v Speaker 7>in the world, Sigfredo Garcia, and Sigfredo Garcia's wife. But

504
00:25:54.519 --> 00:25:57.000
<v Speaker 7>he knew that it was that or facing the death penalty,

505
00:25:57.039 --> 00:25:59.759
<v Speaker 7>and so has between those two, ratting out his best

506
00:25:59.759 --> 00:26:03.720
<v Speaker 7>friend since childhood made more sense. Sigfredo Garcia was not

507
00:26:03.839 --> 00:26:07.440
<v Speaker 7>going to rat out his wife, and so she wasn't

508
00:26:07.480 --> 00:26:10.759
<v Speaker 7>convicted until May of twenty twenty two. So it wasn't

509
00:26:10.799 --> 00:26:13.599
<v Speaker 7>until that point where she was actually convicted of this

510
00:26:13.880 --> 00:26:19.079
<v Speaker 7>murder where he finally was freed of the notion you know,

511
00:26:19.160 --> 00:26:21.240
<v Speaker 7>if I say something that's going to get her convicted,

512
00:26:21.359 --> 00:26:23.960
<v Speaker 7>She's now been convicted. So it's only been a few

513
00:26:23.960 --> 00:26:27.240
<v Speaker 7>months where perhaps the calculus is now somewhat different for

514
00:26:27.359 --> 00:26:29.799
<v Speaker 7>him about whether he will tell what he knows, But

515
00:26:29.839 --> 00:26:31.759
<v Speaker 7>the big difference is he's already been convicted in the

516
00:26:31.799 --> 00:26:32.759
<v Speaker 7>sentence to life in prison.

517
00:26:33.160 --> 00:26:35.279
<v Speaker 5>Let's use this as an opportunity to stop for a

518
00:26:35.319 --> 00:26:37.920
<v Speaker 5>second to hear from our sponsor, which is Zip Recruiter.

519
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520
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521
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523
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524
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526
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527
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528
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529
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540
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541
00:27:56.319 --> 00:28:03.519
<v Speaker 5>Once again, that's ZipRecruiter dot com slash muder. ZipRecruiter the

542
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<v Speaker 5>smartest way to hire. Now, Stephen, we were talking about

543
00:28:07.640 --> 00:28:10.559
<v Speaker 5>we jumped ahead a little bit to the trial of

544
00:28:10.640 --> 00:28:14.880
<v Speaker 5>all these characters involved in Dan Markel's murder. Take us

545
00:28:15.079 --> 00:28:19.920
<v Speaker 5>up to that trial and the prosecutor involved, the judge involved,

546
00:28:20.319 --> 00:28:22.920
<v Speaker 5>and the defense attorneys that were assigned.

547
00:28:23.119 --> 00:28:26.599
<v Speaker 7>Okay, so there were lots and lots and lots of

548
00:28:26.720 --> 00:28:30.880
<v Speaker 7>delays and procedural wrangling. Finally the case gets to trial

549
00:28:31.240 --> 00:28:34.480
<v Speaker 7>in September of twenty nineteen, and if you'll remember the

550
00:28:34.480 --> 00:28:38.640
<v Speaker 7>players that we've talked about, Sigfredo Garcia was facing the

551
00:28:38.720 --> 00:28:42.720
<v Speaker 7>death penalty, his wife, Katie Macbanawa was not facing the

552
00:28:42.759 --> 00:28:45.960
<v Speaker 7>death penalty but was facing life in prison. And Louis

553
00:28:46.039 --> 00:28:49.240
<v Speaker 7>Rivera had turned state's evidence, so he's already been sentenced

554
00:28:49.279 --> 00:28:52.079
<v Speaker 7>to nineteen years in prison. And so at this trial

555
00:28:52.160 --> 00:28:55.680
<v Speaker 7>you have, the lead prosecutor is Georgia Kapelman. She's essentially

556
00:28:55.759 --> 00:28:58.839
<v Speaker 7>second in command in the State Attorney's office in Tallahassee.

557
00:28:58.880 --> 00:29:02.240
<v Speaker 7>For Sigfredo Garcia, I've already mentioned, his attorney was a

558
00:29:02.279 --> 00:29:05.359
<v Speaker 7>gentleman named Sam Zangana who's an attorney, a defense attorney

559
00:29:05.400 --> 00:29:09.359
<v Speaker 7>out of Miami. And for Katie Megdanawash, she has two attorneys.

560
00:29:09.480 --> 00:29:12.920
<v Speaker 7>Her attorneys are Tara Kawas, who is also an attorney

561
00:29:12.960 --> 00:29:16.920
<v Speaker 7>from Miami, and Chris Dukost, who is also an attorney

562
00:29:16.920 --> 00:29:19.359
<v Speaker 7>for Miami. So all of the defense attorneys literally had

563
00:29:19.400 --> 00:29:22.880
<v Speaker 7>a schlep seven hours from Miami and live in hotel

564
00:29:22.960 --> 00:29:25.880
<v Speaker 7>rooms for essentially a month. And I describe all that

565
00:29:25.960 --> 00:29:28.960
<v Speaker 7>in the book. While Georgia Kappelman has a huge home

566
00:29:29.000 --> 00:29:32.240
<v Speaker 7>court advantage, literally her home court was that courthouse, and

567
00:29:32.319 --> 00:29:35.839
<v Speaker 7>her office was literally steps away in the same building,

568
00:29:36.000 --> 00:29:39.039
<v Speaker 7>and she had an army of other prosecutors and paralegals

569
00:29:39.079 --> 00:29:41.559
<v Speaker 7>at her Beckham call to assist her, so she had

570
00:29:41.599 --> 00:29:44.960
<v Speaker 7>a very distinct advantage. The judge was James Hankinson, who

571
00:29:45.039 --> 00:29:49.640
<v Speaker 7>has tried many high profile cases in Tallahassee criminal history.

572
00:29:49.880 --> 00:29:52.799
<v Speaker 7>A very good, very stern judge, a stickler for the

573
00:29:52.880 --> 00:29:56.160
<v Speaker 7>rules and a stickler for lawyers being punctual and respectful,

574
00:29:56.279 --> 00:29:58.480
<v Speaker 7>although that wasn't true for a lot of the case.

575
00:29:58.559 --> 00:30:00.799
<v Speaker 7>The lawyers snapped at each other quite a bit. The

576
00:30:00.920 --> 00:30:03.759
<v Speaker 7>lawyer's backstory is very interesting. Georgia Kapelman grew up in

577
00:30:03.759 --> 00:30:07.000
<v Speaker 7>Tallahassee because her father was a football player at Florida

578
00:30:07.000 --> 00:30:09.920
<v Speaker 7>State University and played in the NFL and then returned

579
00:30:09.960 --> 00:30:12.480
<v Speaker 7>to Tallahassee when he wanted to start a family, and

580
00:30:12.480 --> 00:30:15.480
<v Speaker 7>that's where Georgia grew up. Krista Coast grew up in

581
00:30:15.519 --> 00:30:19.319
<v Speaker 7>the Boston area and then became a prosecutor in Miami

582
00:30:19.400 --> 00:30:23.000
<v Speaker 7>before he became a defense attorney. Sam Zanganay his family

583
00:30:23.119 --> 00:30:25.519
<v Speaker 7>was actually from Iran and he wound up in this

584
00:30:25.640 --> 00:30:28.720
<v Speaker 7>country as a youngster because he was born here and

585
00:30:28.759 --> 00:30:32.680
<v Speaker 7>had American citizenship. He wound up in Miami as a

586
00:30:32.720 --> 00:30:36.200
<v Speaker 7>prosecutor as well, and then became a defense attorney. And

587
00:30:36.599 --> 00:30:39.319
<v Speaker 7>who have I missed, I've gotten to Coast, I've gotten Cowas,

588
00:30:39.319 --> 00:30:43.079
<v Speaker 7>I've missed Cowas. Tara Kuwas has the most interesting backstory

589
00:30:43.119 --> 00:30:45.680
<v Speaker 7>of all of them. She grew up in Jamaica and

590
00:30:45.759 --> 00:30:48.519
<v Speaker 7>only came to the United States when she was eighteen

591
00:30:48.559 --> 00:30:51.400
<v Speaker 7>years old to go to college at Florida International University.

592
00:30:51.519 --> 00:30:54.480
<v Speaker 7>And she herself had been arrested and thrown in the

593
00:30:54.519 --> 00:30:57.799
<v Speaker 7>Broward County jail when she was a freshman in college

594
00:30:57.839 --> 00:31:00.599
<v Speaker 7>and it was that experience that led her to wanting

595
00:31:00.599 --> 00:31:02.759
<v Speaker 7>to become a defense lawyer. So she was a defense

596
00:31:02.839 --> 00:31:05.720
<v Speaker 7>lawyer from the moment she graduated from from law school.

597
00:31:06.000 --> 00:31:09.039
<v Speaker 7>And those are the lawyers. That's the judge who populated

598
00:31:09.039 --> 00:31:12.039
<v Speaker 7>the courtroom as this trial gets underway where the government

599
00:31:12.079 --> 00:31:15.640
<v Speaker 7>is seeking to have a jury find the defendants sekred

600
00:31:15.680 --> 00:31:18.400
<v Speaker 7>of Garcia and Katie mcdonalah guilty of first degree murder.

601
00:31:18.640 --> 00:31:22.960
<v Speaker 5>Now this Terra kuaas you mentioned that she really does

602
00:31:23.039 --> 00:31:24.799
<v Speaker 5>believe Katie's story, doesn't she.

603
00:31:25.200 --> 00:31:27.759
<v Speaker 7>Well, I think at the time Katie came to that

604
00:31:28.359 --> 00:31:31.000
<v Speaker 7>Christacoast and Tara Kawas came to see her in jail

605
00:31:31.039 --> 00:31:33.119
<v Speaker 7>the day that she was arrested. She was arrested and

606
00:31:33.160 --> 00:31:36.039
<v Speaker 7>taken to that same Broward County jail that Taro Coas

607
00:31:36.079 --> 00:31:38.720
<v Speaker 7>herself had been in when she was a college student.

608
00:31:38.880 --> 00:31:42.000
<v Speaker 7>I think Katie was so insistent that she had nothing

609
00:31:42.039 --> 00:31:44.440
<v Speaker 7>to do with any of this and knew nothing about it,

610
00:31:44.720 --> 00:31:48.519
<v Speaker 7>that Christoicost and Tara Kawas bought in right away. Obviously

611
00:31:48.559 --> 00:31:51.799
<v Speaker 7>they received mountains of evidence from the government, but they

612
00:31:51.839 --> 00:31:55.000
<v Speaker 7>had explanations for every piece of evidence that they were

613
00:31:55.039 --> 00:31:57.640
<v Speaker 7>able to spin in the opposite direction. And that was

614
00:31:57.680 --> 00:31:59.880
<v Speaker 7>what they did throughout the trial. Everything that the government

615
00:32:00.240 --> 00:32:02.440
<v Speaker 7>used to try to show that Katie had been involved,

616
00:32:02.680 --> 00:32:06.319
<v Speaker 7>they spun it to show No, a guilty person wouldn't

617
00:32:06.359 --> 00:32:09.920
<v Speaker 7>deposit tens of thousands of dollars in hush money. No

618
00:32:10.359 --> 00:32:13.200
<v Speaker 7>guilty person would do that. Obviously that money had nothing

619
00:32:13.200 --> 00:32:14.880
<v Speaker 7>to do with trying to hush her up, because if

620
00:32:14.880 --> 00:32:17.799
<v Speaker 7>it did, she wouldn't have been depositing it. So things

621
00:32:17.920 --> 00:32:21.319
<v Speaker 7>like that, that's how Dacost and Coass tried to explain

622
00:32:21.359 --> 00:32:24.640
<v Speaker 7>away the most damning and incremitting evidence against Katie. Remember,

623
00:32:24.720 --> 00:32:26.440
<v Speaker 7>Katie wasn't at the scene of the crime. There's no

624
00:32:26.480 --> 00:32:28.559
<v Speaker 7>surveillance footage showing her at the scene of the crime.

625
00:32:28.640 --> 00:32:31.119
<v Speaker 7>That's not the allegation against her. The allegation against her

626
00:32:31.200 --> 00:32:34.559
<v Speaker 7>is that she basically solicited her husband Garcia to do

627
00:32:34.640 --> 00:32:37.680
<v Speaker 7>this hit on behalf of Charlie Adelson. And obviously they

628
00:32:37.680 --> 00:32:40.200
<v Speaker 7>don't have a phone call or text message or email

629
00:32:40.279 --> 00:32:43.480
<v Speaker 7>where there's that deal being made between Charlie Adelson and

630
00:32:43.519 --> 00:32:47.160
<v Speaker 7>Katie mcdanaha, or between Katie mcdanawa and Sigfredo Garcia, so

631
00:32:47.160 --> 00:32:48.759
<v Speaker 7>they have to prove it all circumstantially.

632
00:32:49.319 --> 00:32:52.559
<v Speaker 5>One of the biggest issues was this money that was

633
00:32:52.599 --> 00:32:57.680
<v Speaker 5>deposited in August I believe, or July anyway that summer,

634
00:32:58.079 --> 00:33:00.920
<v Speaker 5>and she had a hard time accounting for where she

635
00:33:01.319 --> 00:33:04.720
<v Speaker 5>had increased sums compared to any other month in history.

636
00:33:04.799 --> 00:33:08.119
<v Speaker 5>So I'll tell us about that issue and its relevance

637
00:33:08.279 --> 00:33:09.039
<v Speaker 5>in this case.

638
00:33:09.359 --> 00:33:12.200
<v Speaker 7>Yeah, she deposited, if I remember right, about fifteen thousand

639
00:33:12.200 --> 00:33:15.240
<v Speaker 7>dollars in the five weeks after the murder in cash.

640
00:33:15.400 --> 00:33:19.640
<v Speaker 7>She was also receiving checks from the Adelson Institute, which

641
00:33:19.680 --> 00:33:22.920
<v Speaker 7>is the dental practice at which Charlie Adelson worked, and

642
00:33:22.960 --> 00:33:26.119
<v Speaker 7>he owned it as well. Harvey Adelson was the person

643
00:33:26.119 --> 00:33:28.839
<v Speaker 7>who founded that practice. His dad. He worked there, and

644
00:33:28.880 --> 00:33:31.640
<v Speaker 7>Donna Adelson worked there. And you have forty four checks

645
00:33:31.680 --> 00:33:35.039
<v Speaker 7>signed by Donna Adelson directly to Kati mcdonaa with a

646
00:33:35.079 --> 00:33:38.519
<v Speaker 7>lot of those checks consecutively numbered. They started just weeks

647
00:33:38.519 --> 00:33:41.759
<v Speaker 7>after the murder and they ended right after Sigfredo Garcia

648
00:33:41.920 --> 00:33:43.880
<v Speaker 7>was arrested. So you have all those checks, you have

649
00:33:43.960 --> 00:33:47.359
<v Speaker 7>all this cash. She has breast implants that are four

650
00:33:47.400 --> 00:33:51.279
<v Speaker 7>thousand dollars that miraculously are paid for in cash. Shortly

651
00:33:51.319 --> 00:33:55.319
<v Speaker 7>after the murder, she gets a lexus that was Charlie's

652
00:33:55.400 --> 00:33:58.400
<v Speaker 7>lexus but titled to Harvey. Harvey signs that lexus over

653
00:33:58.440 --> 00:34:02.039
<v Speaker 7>to her in January of two fenty sixteen. So all

654
00:34:02.119 --> 00:34:05.319
<v Speaker 7>of these benefits coming to Katie macdaniwa in addition to

655
00:34:05.440 --> 00:34:09.960
<v Speaker 7>allegedly receiving some twenty five thousand dollars in payoff money

656
00:34:10.000 --> 00:34:13.079
<v Speaker 7>from the murder itself. So all of this money coming

657
00:34:13.079 --> 00:34:15.639
<v Speaker 7>to her, all of these checks, all of these benefits,

658
00:34:15.800 --> 00:34:19.519
<v Speaker 7>and that was the primary way that the prosecution tried

659
00:34:19.559 --> 00:34:22.880
<v Speaker 7>to through that evidence show that she had clearly been involved.

660
00:34:23.079 --> 00:34:26.599
<v Speaker 7>The wiretap calls were actually very effective as well, because

661
00:34:26.679 --> 00:34:29.480
<v Speaker 7>Katie mcbaniwa is not saying, why are you involving me

662
00:34:29.679 --> 00:34:32.360
<v Speaker 7>in your family's problem? I don't have anything to do

663
00:34:32.400 --> 00:34:34.639
<v Speaker 7>with this. And in fact, in some of those calls,

664
00:34:34.840 --> 00:34:38.320
<v Speaker 7>the language that Katie used and how aggressive she was

665
00:34:38.559 --> 00:34:41.760
<v Speaker 7>in pushing back against Charlie Adelson made it seem like

666
00:34:41.840 --> 00:34:44.800
<v Speaker 7>she was somebody who was capable of pulling off something

667
00:34:44.840 --> 00:34:45.920
<v Speaker 7>as extreme as a murder.

668
00:34:46.000 --> 00:34:49.400
<v Speaker 5>Now, the defense tried to counter that, and still it's

669
00:34:49.480 --> 00:34:53.159
<v Speaker 5>unusual for a defendant to take a stand or someone

670
00:34:53.239 --> 00:34:53.960
<v Speaker 5>to take a stand.

671
00:34:54.119 --> 00:34:57.559
<v Speaker 1>She does take the stand, she does. What about this.

672
00:34:58.039 --> 00:35:04.559
<v Speaker 5>Dulce vita surveillance audio about this issue? Why was their surveillance,

673
00:35:04.920 --> 00:35:08.000
<v Speaker 5>What was the relevance or the importance of this dulce

674
00:35:08.159 --> 00:35:10.559
<v Speaker 5>vita video, and what was the problem with it.

675
00:35:10.719 --> 00:35:13.079
<v Speaker 7>We're talking about trial one because Trial two is going

676
00:35:13.119 --> 00:35:15.760
<v Speaker 7>to change all that. But at trial one, which ends

677
00:35:15.840 --> 00:35:18.199
<v Speaker 7>up in a hung jury as to Katie, conviction as

678
00:35:18.239 --> 00:35:22.480
<v Speaker 7>to Sigfredo Garcia, hung jury, two jurors voted not to convictor.

679
00:35:22.559 --> 00:35:25.400
<v Speaker 7>Tenjurers voted to convictor. So it was a mistrial. But

680
00:35:25.480 --> 00:35:28.880
<v Speaker 7>at that first trial, they wanted the prosecution wanted to

681
00:35:28.920 --> 00:35:32.559
<v Speaker 7>not only let the jury see the restaurant meeting between

682
00:35:32.679 --> 00:35:36.039
<v Speaker 7>Katie McDonald and Charlie Adelson that happened the very afternoon

683
00:35:36.280 --> 00:35:38.639
<v Speaker 7>that Charlie had met with his mother. He then went

684
00:35:38.719 --> 00:35:41.639
<v Speaker 7>straight to where Katie was working in Sunny Isles Beach

685
00:35:41.760 --> 00:35:44.599
<v Speaker 7>and they got a table at a restaurant called Dulce Vita.

686
00:35:44.840 --> 00:35:48.719
<v Speaker 7>And because their calls were being surveilled, the FBI knew

687
00:35:48.760 --> 00:35:50.960
<v Speaker 7>they were going there, and they had two different agents

688
00:35:50.960 --> 00:35:52.800
<v Speaker 7>show up and sit at the table right next to them,

689
00:35:52.880 --> 00:35:55.800
<v Speaker 7>both of whom had recording devices. So little did Charlie

690
00:35:55.920 --> 00:35:59.360
<v Speaker 7>or Katie know, but their entire conversation was being recorded

691
00:35:59.400 --> 00:36:03.000
<v Speaker 7>on sophistic recording devices. The problem is is that they

692
00:36:03.000 --> 00:36:05.519
<v Speaker 7>were too far away from them and there was too

693
00:36:05.599 --> 00:36:09.159
<v Speaker 7>much background noise in the restaurant. They were sitting literally

694
00:36:09.199 --> 00:36:12.360
<v Speaker 7>within feet of the kitchen where all the dishes are clanking,

695
00:36:12.480 --> 00:36:15.719
<v Speaker 7>and their children of the restaurant workers that are back

696
00:36:15.719 --> 00:36:17.719
<v Speaker 7>in the kitchen. This is way too much noise to

697
00:36:17.760 --> 00:36:20.519
<v Speaker 7>hear anything. So what the prosecution did is they had

698
00:36:20.519 --> 00:36:25.039
<v Speaker 7>the lead agent, Pat Sandford, have sophisticated noise canceling headphones,

699
00:36:25.360 --> 00:36:28.519
<v Speaker 7>good software from the FBI, and he went through that

700
00:36:28.760 --> 00:36:33.440
<v Speaker 7>hour long discussion between Katie and Charlie and literally tried

701
00:36:33.440 --> 00:36:36.400
<v Speaker 7>to piece together every word and he put together a transcript,

702
00:36:36.559 --> 00:36:40.360
<v Speaker 7>and the prosecution wanted the jury to have that transcript

703
00:36:40.440 --> 00:36:44.320
<v Speaker 7>to follow along as Katie and Charlie talked about what

704
00:36:44.480 --> 00:36:46.400
<v Speaker 7>to do. This is the day after the bump talked

705
00:36:46.440 --> 00:36:49.880
<v Speaker 7>about what to do about this perceived blackmailer, how to

706
00:36:49.920 --> 00:36:54.400
<v Speaker 7>handle that, and the transcript was not permitted into evidence.

707
00:36:54.880 --> 00:36:57.400
<v Speaker 7>The judge, Judge Hankinson, said no, you can't do that,

708
00:36:57.400 --> 00:36:59.840
<v Speaker 7>that's not allowed. You can play the tape if you

709
00:37:00.519 --> 00:37:02.840
<v Speaker 7>and let the jury make of the words that they

710
00:37:02.880 --> 00:37:04.960
<v Speaker 7>can hear what they make of it. So what Georgia

711
00:37:05.000 --> 00:37:07.519
<v Speaker 7>Kapelman ended up doing was playing about one minute of

712
00:37:07.559 --> 00:37:09.559
<v Speaker 7>the video from dulce Vita, even though it was an

713
00:37:09.559 --> 00:37:12.239
<v Speaker 7>hour long, and she just did that to show the jury.

714
00:37:12.639 --> 00:37:16.039
<v Speaker 7>I wish we could tell you what happened, because it's significant.

715
00:37:16.320 --> 00:37:18.920
<v Speaker 7>I wish you could hear these words because they're significant.

716
00:37:19.119 --> 00:37:21.280
<v Speaker 7>But it turned out not being significant at all, because

717
00:37:21.320 --> 00:37:23.840
<v Speaker 7>the jury couldn't hear anything, and all they knew was

718
00:37:23.880 --> 00:37:26.519
<v Speaker 7>that something significant had happened at dulce Vita, and they

719
00:37:26.679 --> 00:37:29.000
<v Speaker 7>literally had to decide the case without knowing what it was.

720
00:37:29.320 --> 00:37:33.119
<v Speaker 5>Not because of that necessarily, but there's a hung jury.

721
00:37:33.119 --> 00:37:35.239
<v Speaker 5>There's a couple hold outs that don't believe that she

722
00:37:35.599 --> 00:37:37.639
<v Speaker 5>is guilty, and this is a hung jury.

723
00:37:37.679 --> 00:37:40.519
<v Speaker 7>I wouldn't agree with that assessment or characterization. As I

724
00:37:40.559 --> 00:37:43.440
<v Speaker 7>described in the book the very strong twenty five year

725
00:37:43.480 --> 00:37:46.760
<v Speaker 7>old juror one yes, who I, by the way, met

726
00:37:46.800 --> 00:37:50.119
<v Speaker 7>with in person during my first coat to Tallahassee. The

727
00:37:50.199 --> 00:37:53.440
<v Speaker 7>things that she was thinking about were primarily not related

728
00:37:53.440 --> 00:37:56.599
<v Speaker 7>to Katie's guilty innocence. They were primarily related to both

729
00:37:56.639 --> 00:37:59.679
<v Speaker 7>Sigfredo Garcia and Katie mcdanna was spending the rest of

730
00:37:59.679 --> 00:38:03.719
<v Speaker 7>their life in prison, with their two children being rightwards

731
00:38:03.719 --> 00:38:06.360
<v Speaker 7>of the state, and that was something she wrestled with

732
00:38:06.599 --> 00:38:09.119
<v Speaker 7>that the jury was actually sequestered a hotel. She wrestled

733
00:38:09.159 --> 00:38:11.800
<v Speaker 7>with late into the evening, couldn't sleep, and just couldn't

734
00:38:11.800 --> 00:38:14.559
<v Speaker 7>stomach the notion of sending both of them to prison

735
00:38:14.599 --> 00:38:16.559
<v Speaker 7>for the rest of their lives and leaving those kids

736
00:38:16.559 --> 00:38:19.760
<v Speaker 7>without parents. She had a hard enough time convicting Sigfredo Garcia,

737
00:38:19.760 --> 00:38:22.519
<v Speaker 7>even though the evidence against him, which did include all

738
00:38:22.599 --> 00:38:26.559
<v Speaker 7>that surveillance footage, was overwhelming, so she finally and reluctantly

739
00:38:26.559 --> 00:38:30.199
<v Speaker 7>agreed to convict Sigfredo Garcia, but she would not agree

740
00:38:30.199 --> 00:38:33.639
<v Speaker 7>to convict Katie Garcia without crystal clear evidence against her.

741
00:38:33.920 --> 00:38:36.719
<v Speaker 7>And of course the evidence against her wasn't crystal clear,

742
00:38:37.000 --> 00:38:38.239
<v Speaker 7>it was circumstantial.

743
00:38:38.280 --> 00:38:42.559
<v Speaker 5>Thanks for that correction. So with this one person that

744
00:38:42.679 --> 00:38:47.000
<v Speaker 5>had reservations there hung. Jerry Garcia is sentenced to life

745
00:38:47.000 --> 00:38:52.199
<v Speaker 5>without parole and also conspiracy as well. So how do

746
00:38:52.480 --> 00:38:58.719
<v Speaker 5>the prosecution Kapelman and the prosecution team decide to retry Katie.

747
00:38:58.360 --> 00:39:02.239
<v Speaker 7>Well, The trial ended in Ober of two thoy nineteen.

748
00:39:02.480 --> 00:39:05.360
<v Speaker 7>They were supposed to get going again for a new

749
00:39:05.400 --> 00:39:08.719
<v Speaker 7>trial in April of twenty twenty, and of course everybody

750
00:39:08.760 --> 00:39:11.000
<v Speaker 7>knows what was going on in April of twenty twenty.

751
00:39:11.039 --> 00:39:13.679
<v Speaker 7>The whole world shut down. Yes, and it took a

752
00:39:13.840 --> 00:39:15.880
<v Speaker 7>very long time before they were able to get this

753
00:39:16.000 --> 00:39:19.800
<v Speaker 7>case back on track. And that gave Georgia Kaplman time

754
00:39:20.039 --> 00:39:22.840
<v Speaker 7>and an opportunity to fix the biggest thing that went wrong,

755
00:39:22.880 --> 00:39:25.360
<v Speaker 7>which was not being able to use that dulce Vita recording.

756
00:39:25.599 --> 00:39:27.960
<v Speaker 7>She had Pat Sandford, the lead agent from the FBI,

757
00:39:28.239 --> 00:39:31.079
<v Speaker 7>do everything he could to find an audio forensics expert

758
00:39:31.159 --> 00:39:33.280
<v Speaker 7>who would be able to get rid of some of

759
00:39:33.320 --> 00:39:36.559
<v Speaker 7>that background noise and really zoom in on the voices

760
00:39:36.599 --> 00:39:39.440
<v Speaker 7>of Charlie and Katie, and they had several false starts

761
00:39:39.559 --> 00:39:43.079
<v Speaker 7>and audio forensics experts telling them it just can't be done.

762
00:39:43.199 --> 00:39:47.599
<v Speaker 7>Georgia Kaplman was unwilling to accept that, and they finally

763
00:39:47.679 --> 00:39:50.440
<v Speaker 7>found the right guy to do this work. His name

764
00:39:50.519 --> 00:39:53.440
<v Speaker 7>is Keith maclvine. He spent ten years as a war

765
00:39:53.480 --> 00:39:57.360
<v Speaker 7>crimes investigator with the CIA. He has twelve patents in

766
00:39:57.519 --> 00:40:01.960
<v Speaker 7>forensics technologies that can be used to eliminate background noise

767
00:40:02.119 --> 00:40:06.800
<v Speaker 7>from crowded, noisy environments. And he took the raw audio

768
00:40:07.039 --> 00:40:10.320
<v Speaker 7>and was able to enhance it considerably to the point

769
00:40:10.360 --> 00:40:14.320
<v Speaker 7>that you can now hear virtually everything that Charlie Adelson

770
00:40:14.400 --> 00:40:16.480
<v Speaker 7>is saying, although you can't hear very much of what

771
00:40:16.559 --> 00:40:18.800
<v Speaker 7>Katie is saying because her voice is weaker, she's more

772
00:40:18.840 --> 00:40:22.920
<v Speaker 7>soft spoken, and the recording devices weren't angled in quite

773
00:40:22.920 --> 00:40:24.599
<v Speaker 7>the correct way to get what she was saying. But

774
00:40:24.679 --> 00:40:26.960
<v Speaker 7>you can hear pretty darn well what Charlie is saying.

775
00:40:27.119 --> 00:40:31.480
<v Speaker 7>And when Kapelman heard that recording and they actually got

776
00:40:31.519 --> 00:40:35.159
<v Speaker 7>it transcribes and they superimposed the words onto the screen

777
00:40:35.280 --> 00:40:38.239
<v Speaker 7>sort of like subtitles. When she saw the combination of

778
00:40:38.280 --> 00:40:42.159
<v Speaker 7>the subtitles and the back and forth conversation. Her epiphany

779
00:40:42.280 --> 00:40:45.639
<v Speaker 7>wasn't just that they had stronger evidence now against Katie.

780
00:40:45.679 --> 00:40:48.519
<v Speaker 7>Her epiphany was they had been waiting all this time

781
00:40:48.559 --> 00:40:51.159
<v Speaker 7>for Katie to flip on Charlie because they wanted to

782
00:40:51.159 --> 00:40:53.760
<v Speaker 7>have the hardest evidence, the most solid evidence they could

783
00:40:53.800 --> 00:40:55.960
<v Speaker 7>against Charlie, and they weren't going to go forward against

784
00:40:56.000 --> 00:40:58.800
<v Speaker 7>him until they did. Her epiphany was they didn't need

785
00:40:58.880 --> 00:41:01.880
<v Speaker 7>Katie anymore in order to be able to pursue a

786
00:41:01.960 --> 00:41:05.880
<v Speaker 7>prosecution of Charlie for first degree murder. Charlie's own words,

787
00:41:06.039 --> 00:41:09.440
<v Speaker 7>she concluded, were tantamount to a confession, and that's what

788
00:41:09.599 --> 00:41:14.039
<v Speaker 7>led almost immediately to his indictment and his arrest for

789
00:41:14.159 --> 00:41:16.000
<v Speaker 7>first degree murder for the murder of Dan Mark.

790
00:41:16.000 --> 00:41:18.039
<v Speaker 5>Hell, let's use this as an opportunity to stop for

791
00:41:18.079 --> 00:41:19.440
<v Speaker 5>a second for these messages.

792
00:41:20.159 --> 00:41:23.000
<v Speaker 8>Wait the lucky land slots. You can get lucky just

793
00:41:23.079 --> 00:41:24.000
<v Speaker 8>about anywhere.

794
00:41:24.800 --> 00:41:27.679
<v Speaker 2>It's your captain speaking. We've got clear runway and the

795
00:41:27.679 --> 00:41:29.559
<v Speaker 2>weather's five. But we're just going to circle up here

796
00:41:29.559 --> 00:41:32.639
<v Speaker 2>a while and get lucky. Oh no, nothing like that.

797
00:41:32.760 --> 00:41:35.159
<v Speaker 2>It's just these cash prizes add up quick. So I

798
00:41:35.199 --> 00:41:37.519
<v Speaker 2>suggest you sit back, keep your trade table up right,

799
00:41:37.559 --> 00:41:38.960
<v Speaker 2>and start getting lucky.

800
00:41:39.599 --> 00:41:42.440
<v Speaker 8>Pay for free at lucky landslots dot com. Are you

801
00:41:42.559 --> 00:41:46.199
<v Speaker 8>feeling lucky? No purchase necessary void. We're prohibited by Law

802
00:41:46.280 --> 00:41:50.239
<v Speaker 8>eighteen plus. Terms and conditions apply. See website for details.

803
00:41:50.760 --> 00:41:54.719
<v Speaker 5>Now you talk about Charlie, Charlie Adelson being arrested and

804
00:41:55.000 --> 00:41:59.280
<v Speaker 5>the retrial of Katie. Let's talk about that she takes

805
00:41:59.320 --> 00:42:02.119
<v Speaker 5>to stand again at this retrial, doesn't she?

806
00:42:02.119 --> 00:42:02.639
<v Speaker 1>She does?

807
00:42:02.840 --> 00:42:06.000
<v Speaker 7>And there are two things different. One it's a different

808
00:42:06.239 --> 00:42:10.760
<v Speaker 7>prosecutor cross examining her. It's another assistant state attorney named

809
00:42:10.800 --> 00:42:14.679
<v Speaker 7>Sarah Catherine Dugan wasn't involved in the first trial. Interesting

810
00:42:14.760 --> 00:42:17.519
<v Speaker 7>she was doing it because there was this projection by

811
00:42:17.519 --> 00:42:19.400
<v Speaker 7>the defense lawyers that they were going to call Sigfrido

812
00:42:19.440 --> 00:42:23.559
<v Speaker 7>Garcia as a witness in Katie's defense, and Georgia Kapelman

813
00:42:23.639 --> 00:42:26.559
<v Speaker 7>was ready to do that cross examination while he never testified.

814
00:42:26.679 --> 00:42:27.440
<v Speaker 1>But she did.

815
00:42:27.960 --> 00:42:30.880
<v Speaker 7>And they now had this recording forty one minutes, not

816
00:42:30.920 --> 00:42:33.719
<v Speaker 7>the full hour, but forty one minutes of excellent recording

817
00:42:33.960 --> 00:42:37.119
<v Speaker 7>that they played I think fourteen snippets of during her

818
00:42:37.159 --> 00:42:40.360
<v Speaker 7>cross examination, basically challenging her to come up with an

819
00:42:40.400 --> 00:42:43.679
<v Speaker 7>explanation of why she didn't run for the hills when

820
00:42:43.760 --> 00:42:46.480
<v Speaker 7>Charlie was saying all the incriminating things that he was saying,

821
00:42:46.679 --> 00:42:49.000
<v Speaker 7>and she didn't have any explanation for why she didn't

822
00:42:49.039 --> 00:42:51.000
<v Speaker 7>run for the hills, why she sat there and continued

823
00:42:51.039 --> 00:42:53.880
<v Speaker 7>talking with him, leading to the obvious conclusion that they

824
00:42:53.920 --> 00:42:57.000
<v Speaker 7>were strategizing together how to deal with the fact that

825
00:42:57.199 --> 00:42:59.800
<v Speaker 7>a blackmail or even perhaps a cop was onto them

826
00:42:59.880 --> 00:43:01.400
<v Speaker 7>about the murder of Dan Markel.

827
00:43:02.199 --> 00:43:05.280
<v Speaker 5>She also had the misfortune of having a couple of

828
00:43:05.280 --> 00:43:09.840
<v Speaker 5>her friends testify, one in particular, name Missquerro, that did

829
00:43:10.119 --> 00:43:12.719
<v Speaker 5>considerable damage with her testimony, didn't.

830
00:43:12.519 --> 00:43:15.000
<v Speaker 7>She Yes, she was a repeat witness from the first trial.

831
00:43:15.039 --> 00:43:18.360
<v Speaker 7>Misscuero was a very effective prosecution witness, one of her

832
00:43:18.400 --> 00:43:20.960
<v Speaker 7>best friends, and in fact, Katie was the godmother to

833
00:43:20.960 --> 00:43:23.320
<v Speaker 7>one of her children. So this is not somebody who

834
00:43:23.440 --> 00:43:26.880
<v Speaker 7>was a biased prosecution witness like Louis Rivera, who you know,

835
00:43:27.000 --> 00:43:29.920
<v Speaker 7>basically turned state's evidence and had to testify in a

836
00:43:29.960 --> 00:43:33.000
<v Speaker 7>certain way. Mesquero, although she was subpoenaed by the government,

837
00:43:33.400 --> 00:43:36.280
<v Speaker 7>she was not someone you would have expected to throw

838
00:43:36.360 --> 00:43:39.119
<v Speaker 7>her very good friend for many years and the godmother

839
00:43:39.119 --> 00:43:41.079
<v Speaker 7>of her children under the bus. But there were just

840
00:43:41.119 --> 00:43:44.679
<v Speaker 7>so many things that had happened that were objective evidence

841
00:43:44.840 --> 00:43:48.559
<v Speaker 7>of Katie's involvement that Jindra Masquero knew about. The most significant,

842
00:43:48.639 --> 00:43:52.320
<v Speaker 7>which the most significant of which was Katie had Misscuero

843
00:43:52.679 --> 00:43:57.000
<v Speaker 7>keep her children overnight the very night that Dan Markel

844
00:43:57.159 --> 00:43:59.800
<v Speaker 7>was killed. The prosecution theory was is that she went

845
00:43:59.800 --> 00:44:02.519
<v Speaker 7>and spent the night with Charlie Adelson and filled the

846
00:44:02.599 --> 00:44:04.800
<v Speaker 7>money bags up to go pay off the hitmen the

847
00:44:04.800 --> 00:44:08.679
<v Speaker 7>next morning. And that testimony was a lot more believable

848
00:44:08.719 --> 00:44:12.519
<v Speaker 7>because Jinra Mascuero kept her kids that night and no

849
00:44:12.679 --> 00:44:15.960
<v Speaker 7>other night in their history, very rarely ever looked after

850
00:44:16.000 --> 00:44:19.159
<v Speaker 7>her kids. It was so unusual that that's what that's

851
00:44:19.199 --> 00:44:22.079
<v Speaker 7>when circumstantial evidence is at its most powerful, is when

852
00:44:22.079 --> 00:44:24.920
<v Speaker 7>it's really unusual and doesn't fit the normal pattern. And

853
00:44:24.960 --> 00:44:28.360
<v Speaker 7>that was really, really devastating to Katie that Miss Scuaro

854
00:44:28.599 --> 00:44:32.039
<v Speaker 7>was with her kids overnight that very same night, and

855
00:44:32.079 --> 00:44:34.039
<v Speaker 7>it fit the prosecution's timeline in theory.

856
00:44:34.159 --> 00:44:39.079
<v Speaker 5>Prosecutor dig in two, really you say no pity, And

857
00:44:39.159 --> 00:44:42.079
<v Speaker 5>so that testimony was rough to hear.

858
00:44:42.239 --> 00:44:45.360
<v Speaker 1>If you were a fan of Katie whatsoever.

859
00:44:45.039 --> 00:44:47.000
<v Speaker 7>Yes, But I think at the end of the day.

860
00:44:47.199 --> 00:44:49.880
<v Speaker 7>What was the worst part of the case for Katie

861
00:44:49.920 --> 00:44:54.199
<v Speaker 7>mcbanoll was her own testimony, especially when Sarah Catherine Dugan

862
00:44:54.239 --> 00:44:57.519
<v Speaker 7>was cross examining her. She by all accounts, she didn't

863
00:44:57.559 --> 00:44:58.840
<v Speaker 7>do as well as she did in the first trial,

864
00:44:58.920 --> 00:45:01.079
<v Speaker 7>not that she convinced anybody the first trial she didn't,

865
00:45:01.159 --> 00:45:03.519
<v Speaker 7>But in the second trial, in particular with the delcha

866
00:45:03.599 --> 00:45:06.679
<v Speaker 7>vita evidence she just had, she was tripping over herself

867
00:45:06.880 --> 00:45:10.079
<v Speaker 7>so often. It just didn't look good. She didn't confess

868
00:45:10.159 --> 00:45:12.840
<v Speaker 7>to having been involved in the murder, but she didn't

869
00:45:12.880 --> 00:45:15.239
<v Speaker 7>make a powerful case for herself that she wasn't involved

870
00:45:15.239 --> 00:45:17.679
<v Speaker 7>in the murder. The lies seemed to be pretty easy

871
00:45:17.679 --> 00:45:18.239
<v Speaker 7>to pick out.

872
00:45:18.360 --> 00:45:21.679
<v Speaker 5>What was the result of that trial in terms of

873
00:45:21.719 --> 00:45:23.360
<v Speaker 5>the sentence and conviction, She.

874
00:45:23.440 --> 00:45:26.639
<v Speaker 7>Was convicted on all counts first degree murder, conspiracy to

875
00:45:26.639 --> 00:45:29.320
<v Speaker 7>commit first green murder, and solicitation of first green murder,

876
00:45:29.480 --> 00:45:33.280
<v Speaker 7>and after forty five days or so, she was sentenced

877
00:45:33.280 --> 00:45:35.960
<v Speaker 7>to life in prison without the possibility of pearl. So

878
00:45:36.039 --> 00:45:39.320
<v Speaker 7>she and Garcia both now have the exact same sentence.

879
00:45:39.519 --> 00:45:43.719
<v Speaker 7>They will both die in prison unless there's some miraculous

880
00:45:43.760 --> 00:45:44.719
<v Speaker 7>development of some sort.

881
00:45:44.960 --> 00:45:49.480
<v Speaker 5>Now, what is the status of the investigation into Charles Adelson.

882
00:45:49.639 --> 00:45:52.800
<v Speaker 7>Well, the investigation is done. He's now on track to

883
00:45:52.880 --> 00:45:56.199
<v Speaker 7>be tried sometime in twenty twenty three. The lawyers are

884
00:45:56.239 --> 00:45:59.840
<v Speaker 7>talking about possibly as early as March of two thousand,

885
00:45:59.880 --> 00:46:02.760
<v Speaker 7>twenty three. It may get delayed until the summer of

886
00:46:02.760 --> 00:46:06.840
<v Speaker 7>twenty twenty three. But he's the only other defendant currently

887
00:46:06.960 --> 00:46:10.360
<v Speaker 7>charged with murder or involvement in the Dan Markel case.

888
00:46:10.400 --> 00:46:14.840
<v Speaker 7>There are others, most significantly Donna Adelson. That there are

889
00:46:14.880 --> 00:46:18.280
<v Speaker 7>probable cause affidavits that make very clear that the investigators

890
00:46:18.400 --> 00:46:21.679
<v Speaker 7>believe she is as much involved in this conspiracy as

891
00:46:21.679 --> 00:46:24.239
<v Speaker 7>the others. They just haven't seen fit at this point

892
00:46:24.280 --> 00:46:27.360
<v Speaker 7>to arrest her, And maybe that's being used as leverage

893
00:46:27.360 --> 00:46:30.559
<v Speaker 7>with Charlie and trying to get him to negotiate a plea.

894
00:46:30.679 --> 00:46:33.400
<v Speaker 7>Who knows. It's tough to say exactly what the strategy

895
00:46:33.440 --> 00:46:36.320
<v Speaker 7>is and the strategies evolving over time. They may arrest

896
00:46:36.320 --> 00:46:38.679
<v Speaker 7>her before the next trial. They may not arrest her

897
00:46:38.719 --> 00:46:41.719
<v Speaker 7>before the next trial. Sigfredo Garcia may decide to come

898
00:46:41.760 --> 00:46:44.960
<v Speaker 7>talk before the next trial. Katie Magdanawa might There's a

899
00:46:45.000 --> 00:46:47.719
<v Speaker 7>lot of things that can still happen between now in

900
00:46:47.760 --> 00:46:50.599
<v Speaker 7>the time Charlie Adelson stands trial, and any one of

901
00:46:50.599 --> 00:46:54.559
<v Speaker 7>those things can change dramatically the trajectory of this case.

902
00:46:54.840 --> 00:46:58.599
<v Speaker 5>As a result, you talk about the Markel Act. Something

903
00:46:58.719 --> 00:47:02.480
<v Speaker 5>for Ruth and PHILM. Markel will tell us about this well.

904
00:47:02.679 --> 00:47:04.360
<v Speaker 7>Part of the story that I haven't been able to

905
00:47:04.360 --> 00:47:06.719
<v Speaker 7>talk about yet, but I'm glad I get this chance now,

906
00:47:06.880 --> 00:47:09.400
<v Speaker 7>is that there are so many horrible things that have

907
00:47:09.440 --> 00:47:12.000
<v Speaker 7>happened to the Markell family. Obviously the murder of Dan

908
00:47:12.079 --> 00:47:14.159
<v Speaker 7>Markel at the top of that list. But remember he

909
00:47:14.239 --> 00:47:17.519
<v Speaker 7>had two very young boys at the time, and they

910
00:47:17.559 --> 00:47:20.480
<v Speaker 7>were immediately brought down to South Florida, where, if you

911
00:47:20.519 --> 00:47:23.800
<v Speaker 7>believe the prosecution's theory, the very people who plotted the

912
00:47:23.880 --> 00:47:27.239
<v Speaker 7>murder against their father are involved in raising them, and

913
00:47:27.679 --> 00:47:31.800
<v Speaker 7>that's horrible in and of itself. Two years after the murder,

914
00:47:32.000 --> 00:47:36.960
<v Speaker 7>Wendy Adelson stops allowing visitation between the Markell family and

915
00:47:37.119 --> 00:47:40.599
<v Speaker 7>Ben and Lincoln, so they're completely cut off from the

916
00:47:40.719 --> 00:47:43.280
<v Speaker 7>Phil and Ruth are completely cut off from their grandchildren,

917
00:47:43.280 --> 00:47:46.559
<v Speaker 7>which is the only living the only living human beings

918
00:47:46.719 --> 00:47:50.079
<v Speaker 7>that have the lineage of Dan Markel, and they can't

919
00:47:50.119 --> 00:47:52.800
<v Speaker 7>have any communication because Wendy won't allow it. And that

920
00:47:52.880 --> 00:47:57.280
<v Speaker 7>led Ruth to fight for grandparents' rights in the Florida legislature,

921
00:47:57.480 --> 00:48:02.559
<v Speaker 7>ultimately resulting almost the same exact time as all these

922
00:48:02.559 --> 00:48:06.840
<v Speaker 7>amazing developments with Charlie Adelson's arrest, adulce Vita enhancement, a

923
00:48:06.840 --> 00:48:09.920
<v Speaker 7>conviction of Katie mcdonaa In that exact same time frame,

924
00:48:10.199 --> 00:48:13.320
<v Speaker 7>the bill passes the Florida legislature and is signed by

925
00:48:13.320 --> 00:48:16.320
<v Speaker 7>the Governor of the State of Florida and expands grandparent

926
00:48:16.440 --> 00:48:19.880
<v Speaker 7>rights in Florida to allow someone like Ruth and Phil

927
00:48:20.000 --> 00:48:24.840
<v Speaker 7>whose child is killed murdered to be able to get

928
00:48:24.920 --> 00:48:29.199
<v Speaker 7>visitation if the only living parent has complicity in that crime.

929
00:48:29.360 --> 00:48:33.079
<v Speaker 5>What's very very interesting in this fascinating and very very

930
00:48:33.079 --> 00:48:36.119
<v Speaker 5>interesting book is how you came to this story in

931
00:48:36.159 --> 00:48:36.920
<v Speaker 5>the first place.

932
00:48:37.119 --> 00:48:39.039
<v Speaker 1>Your last book was Murder.

933
00:48:38.800 --> 00:48:41.960
<v Speaker 5>At Lake Seminole, Evil at Lake Seminol, Oh, pardon me sorry,

934
00:48:42.199 --> 00:48:45.880
<v Speaker 5>Evil at Lake Seminole, and you were talking to the

935
00:48:46.079 --> 00:48:50.280
<v Speaker 5>victim's mother. Tell us about this conversation and also what

936
00:48:50.360 --> 00:48:52.880
<v Speaker 5>you say. You are a strong believer in fate and

937
00:48:52.920 --> 00:48:55.639
<v Speaker 5>divine intervention. Tell us how it worked in this case

938
00:48:55.719 --> 00:48:56.480
<v Speaker 5>you believe.

939
00:48:56.239 --> 00:48:59.400
<v Speaker 7>Well, I was finished with that book. It was during COVID,

940
00:48:59.440 --> 00:49:02.119
<v Speaker 7>so I didn't have a lot of events, live events associated.

941
00:49:02.159 --> 00:49:04.039
<v Speaker 7>I didn't have any live events associated with that book

942
00:49:04.079 --> 00:49:06.480
<v Speaker 7>because of COVID, and I was my mind was getting

943
00:49:06.480 --> 00:49:09.679
<v Speaker 7>restless and ready to write another book. And every now

944
00:49:09.719 --> 00:49:11.719
<v Speaker 7>and again I would talk to Cheryl Williams and she

945
00:49:11.840 --> 00:49:14.000
<v Speaker 7>became a fan of mine, and she asked me, what

946
00:49:14.000 --> 00:49:15.800
<v Speaker 7>are you going to write about next? And I said,

947
00:49:15.800 --> 00:49:17.920
<v Speaker 7>I've been looking. I haven't found the right story yet.

948
00:49:18.079 --> 00:49:19.880
<v Speaker 7>And she said, well, you really ought to think about

949
00:49:19.880 --> 00:49:24.239
<v Speaker 7>writing about the Dan Markell case. And I literally knew

950
00:49:24.280 --> 00:49:27.000
<v Speaker 7>next to nothing about the Dan Markell case at that time.

951
00:49:27.079 --> 00:49:29.159
<v Speaker 7>The only things that I knew were from the pages

952
00:49:29.159 --> 00:49:32.760
<v Speaker 7>of the Tallahassee Democrat, of the local newspaper, because sometimes there

953
00:49:32.760 --> 00:49:36.159
<v Speaker 7>were stories about the Mike Williams murder, her son's murder,

954
00:49:36.360 --> 00:49:38.800
<v Speaker 7>and the Dan Markell murder on the same page on

955
00:49:38.840 --> 00:49:41.519
<v Speaker 7>the same day, and I would my peripheral vision would

956
00:49:41.559 --> 00:49:44.000
<v Speaker 7>see it. But that was about it. Cheryl is somebody

957
00:49:44.000 --> 00:49:46.280
<v Speaker 7>that's really important to me. I told her I would

958
00:49:46.320 --> 00:49:49.360
<v Speaker 7>consider it thinking about it, and literally, almost like the

959
00:49:49.400 --> 00:49:52.039
<v Speaker 7>next day, I sit down on my couch and I

960
00:49:52.119 --> 00:49:55.519
<v Speaker 7>look on the DVR of our satellite TV and lo

961
00:49:55.679 --> 00:49:58.119
<v Speaker 7>and behold, there is a Dateline episode on the Dan

962
00:49:58.159 --> 00:50:01.079
<v Speaker 7>markl case that I never asked my d to record. Wow,

963
00:50:01.079 --> 00:50:03.280
<v Speaker 7>but it was just sitting there and I watched it,

964
00:50:03.519 --> 00:50:06.599
<v Speaker 7>and I was mesmerized by what I learned about this story.

965
00:50:06.639 --> 00:50:08.840
<v Speaker 7>Now literally learning about this story for the first time.

966
00:50:09.039 --> 00:50:11.480
<v Speaker 7>And one of the talking heads that was connecting the

967
00:50:11.559 --> 00:50:14.280
<v Speaker 7>various segments together was a guy named Matt Scherr who

968
00:50:14.320 --> 00:50:18.239
<v Speaker 7>had done a podcast for Wondery called over My Dead Body. Well,

969
00:50:18.400 --> 00:50:20.639
<v Speaker 7>that led me in my next direction, which was to

970
00:50:20.679 --> 00:50:23.360
<v Speaker 7>listen to that podcast, and I was floored by how

971
00:50:23.400 --> 00:50:26.719
<v Speaker 7>good that podcast was and how amazing and fascinating this

972
00:50:26.880 --> 00:50:29.119
<v Speaker 7>story was. And that was the point at which I

973
00:50:29.199 --> 00:50:31.440
<v Speaker 7>decided I am going to write this story. At least

974
00:50:31.440 --> 00:50:33.920
<v Speaker 7>I'm going to try. And you know how life comes

975
00:50:33.960 --> 00:50:36.679
<v Speaker 7>full circle and you know the whole thing about divine intervention.

976
00:50:36.920 --> 00:50:38.679
<v Speaker 7>If you'll look on the front cover of my book,

977
00:50:38.840 --> 00:50:42.400
<v Speaker 7>at the very bottom is a quote from Matthew Cher,

978
00:50:42.719 --> 00:50:45.119
<v Speaker 7>who's become a friend of mine in this process, who

979
00:50:45.159 --> 00:50:47.679
<v Speaker 7>read my book and he wrote, and it's on the

980
00:50:47.679 --> 00:50:51.800
<v Speaker 7>front cover empathetic, engrossing, and impeccaby researched the single best

981
00:50:51.840 --> 00:50:55.000
<v Speaker 7>piece of reporting I've read on the Dan Markel case. Matthews,

982
00:50:55.000 --> 00:50:58.199
<v Speaker 7>share creator and host of Wondery's Over My Dead Body podcast,

983
00:50:58.320 --> 00:51:00.760
<v Speaker 7>which I'm immensely grateful for that quote and that he

984
00:51:00.800 --> 00:51:02.239
<v Speaker 7>allowed us to put it on the front cover of

985
00:51:02.239 --> 00:51:04.599
<v Speaker 7>the book, And that's this whole thing coming full circle.

986
00:51:04.679 --> 00:51:05.920
<v Speaker 1>Absolutely, and I agree with you.

987
00:51:05.960 --> 00:51:09.199
<v Speaker 5>There's so many cases where and so many stories, and

988
00:51:09.239 --> 00:51:11.800
<v Speaker 5>so many authors have come and I've interviewed them and

989
00:51:11.840 --> 00:51:15.880
<v Speaker 5>they've said something similar where it was definitely divine intervention

990
00:51:16.239 --> 00:51:19.639
<v Speaker 5>for the author's participation in the case and the investigation

991
00:51:19.800 --> 00:51:22.880
<v Speaker 5>and any interaction with the family, which is so important

992
00:51:22.960 --> 00:51:24.559
<v Speaker 5>as well. I want to thank you very much for

993
00:51:24.639 --> 00:51:27.719
<v Speaker 5>coming on and talking about extreme punishment, the chilling true

994
00:51:27.760 --> 00:51:30.840
<v Speaker 5>story of acclaimed law professor Dan Markel's murder. Can you

995
00:51:30.840 --> 00:51:33.639
<v Speaker 5>tell us about any social media that you do regarding

996
00:51:33.679 --> 00:51:35.440
<v Speaker 5>this Facebook or otherwise.

997
00:51:35.800 --> 00:51:37.679
<v Speaker 7>The best place to find me is on my website.

998
00:51:37.719 --> 00:51:39.519
<v Speaker 7>I have a website that goes into a lot of

999
00:51:39.559 --> 00:51:41.960
<v Speaker 7>details about the three books that I've written, which you've

1000
00:51:41.960 --> 00:51:44.320
<v Speaker 7>been kind enough to interview me about each one. Yes,

1001
00:51:44.679 --> 00:51:48.000
<v Speaker 7>in fact that those podcasts can be found on my website,

1002
00:51:48.000 --> 00:51:51.360
<v Speaker 7>which is Stephenbiepstein dot com. I do have Facebook. You

1003
00:51:51.360 --> 00:51:55.360
<v Speaker 7>can find my Facebook and everything else through my website.

1004
00:51:55.480 --> 00:51:57.920
<v Speaker 7>But like I said, there's a lot of information about

1005
00:51:57.960 --> 00:52:01.320
<v Speaker 7>these crimes, the murders, the investigation, well beyond what's in

1006
00:52:01.360 --> 00:52:03.960
<v Speaker 7>the book. There are pictures, there are videos. The whole

1007
00:52:04.000 --> 00:52:07.079
<v Speaker 7>trial from the evil like Seminole case can be watched

1008
00:52:07.280 --> 00:52:10.320
<v Speaker 7>straight from my website, and good chunks of trials, the

1009
00:52:10.360 --> 00:52:12.559
<v Speaker 7>two trials in this case can be watched straight from

1010
00:52:12.719 --> 00:52:13.400
<v Speaker 7>my website.

1011
00:52:13.440 --> 00:52:17.159
<v Speaker 5>Thank you so much, Stephen b Epstein. Extreme Punishment, the

1012
00:52:17.280 --> 00:52:20.880
<v Speaker 5>chilling true story of acclaimed law professor Dan Markel's murder.

1013
00:52:21.119 --> 00:52:22.960
<v Speaker 5>Thank you so much. You have a great evening, and

1014
00:52:23.000 --> 00:52:23.800
<v Speaker 5>thank you so much.

1015
00:52:23.679 --> 00:52:26.000
<v Speaker 1>For this interview. Good night, Thanks for having me. Good Night,
