By: Julie Montanaro | WCTV Eyewitness News
June 10, 2019
TALLAHASSEE, Fla (WCTV) -- The judge presiding over the Dan Markel murder case has reversed his own previous ruling, and will allow the professor's ex-wife to be questioned by the defense before trial.
The ruling clears the way for Wendi Adelson to be questioned for the first time since the day her ex-husband was murdered in July 2014.
Murder suspects Sigfredo Garcia and Katherine Magbanua are still awaiting trial in Markel's murder. In arrest papers, Tallahassee Police investigators alleged the two were part of a murder plot motivated by a custody battle over Markel and Adelson's two children.
Defense attorneys wanted to depose Adelson, but Circuit Judge James Hankinson had granted a protective order to stop it.
Defense attorneys then filed an appeal, asking the First District Court of Appeals to weigh in.
The DCA sided with the State in a May 31 ruling, but prosecutor Georgia Cappleman said, "The ruling made it clear we were on dangerous ground going forward without taking her deposition and could risk having any conviction overturned on appeal."
"That's the last thing we want," Cappleman said.
Cappleman said defense attorneys for Katherine Magbanua have already sent an email request to schedule a deposition with Wendi Adelson. Cappleman said there is no timeline yet for scheduling one.
We have reached out to both Magbanua's defense team and Wendi Adelson's lawyers for comment on the judge's new ruling and the impact it could have on the high profile murder case.