Following a collection of delays, Daniel Weisberger will stand trial within the alleged stabbing demise of his youthful brother inside their Islamorada residence on Could 7, 2020.
A jury trial was initially scheduled on Nov. 7, 2024 on the Plantation Key Courthouse earlier than Decide Luis Garcia. The prosecution filed a movement, nonetheless, to delay the trial having obtained a lot of well being information on Daniel. That movement was granted by the courtroom, which pushed the trial to 2025 earlier than a brand new choose as Garcia retired final November.
Now, the trial for Weisberger, the 21-year-old who’s dealing with second-degree homicide and first-degree tried homicide prices, gained’t be within the Higher Keys and won’t be determined by a jury. Throughout a Jan. 7 listening to, the attorneys agreed to proceed with a bench trial starting Tuesday, Jan. 14 on the Key West Courthouse. Decide Mark Jones will now resolve the details of the case and apply the regulation.
If convicted, Weisberger may spend the remainder of his life behind bars.
Weisberger, who was 17 on the time, is accused of stabbing 14-year-old Pascal to demise and injuring his father, Ariel Poholek. Daniel fled from the scene and was captured later that night after making an attempt to run into automobiles on U.S. 1 close to Govt Bay Membership. He was transported to a Miami hospital for accidents he sustained when he ran right into a truck. He was finally transported to the county jail on Inventory Island. He was later positioned within the care of the state Division of Youngsters and Households.
In 2022, the courtroom declared Daniel was incompetent to face trial following a collection of psychological and neurological evaluations. By July 2023, the South Florida State Hospital filed an analysis stating Daniel was competent. The courtroom ordered Weisberger to stay with DCF to obtain applicable care and therapy till his case is resolved so his competency may be assured on the time of trial.
Daniel’s counsel is looking for a verdict of not responsible by purpose of madness. Daniel’s dad, Ariel Poholek, has lengthy fought to maintain his remaining son from spending the remainder of his life in jail. Throughout a courtroom listening to final yr, a movement was authorised to gag Poholek and his fast household from chatting with the media on particulars surrounding the case. However he’s nonetheless in a position to make the most of social media to share sentiments, and he hopes that the courtroom understands what he lately acknowledged on his Fb to be “appreciable care and help that our group has expressed for our household’s struggle for Daniel.”
A petition created by Poholek on change.org that seeks a plea of not responsible by purpose of madness has simply over 7,900 signatures. Poholek has mentioned Daniel suffers from psychological sickness and was a sufferer of abuse on the time of the incident.