Seven days of witness and skilled testimony within the Daniel Weisberger homicide trial culminated in Circuit Decide Mark H. Jones delivering a responsible verdict inside a Key West courtroom on the afternoon of Jan. 23.
Jones discovered Weisberger, 21, responsible of second-degree homicide within the stabbing dying of his brother, 14-year-old Pascal, inside their Islamorada house through the early morning of Could, 7 2020. Weisberger, who was 17 on the time of assaults, was additionally discovered responsible of first-degree tried homicide within the stabbing assault on his dad, Ariel Poholek, shortly after killing Pascal.
The fees carry a potential sentence of life in jail. Weisberger will study of his sentence in entrance of Jones on Feb. 27.
Jones, who presided over the case, was additionally the jury after the attorneys and courtroom agreed to proceed with a bench trial in Daniel’s homicide case. The trial was initially anticipated to go to a jury final fall within the Higher Keys. The prosecution filed a movement, nevertheless, to delay the trial upon receiving numerous well being recordsdata on Daniel. That movement was granted by the courtroom, which pushed the trial to 2025. Jones was assigned to the case with Circuit Decide Luis Garcia retiring from the bench final November.
Daniel’s protection counsel, Diane Ward and Ed O’Donnell, have been in search of a verdict of not responsible by purpose of madness. They introduced a number of consultants to the stand to testify, one being Dr. Pamela Scannell. She noticed Daniel on a number of events following the assaults throughout his time on the South Florida Analysis and Remedy Heart. A licensed medical psychologist specializing in forensic psychology, Scannell believed Daniel was affected by a psychotic sickness, schizophrenia, on the time of the assaults on Could 7, 2020.
Ward additionally recalled a timeline simply hours earlier than the assault as Poholek sought assist for Daniel. Poholek tried to contact Daniel’s therapist, expressing grave concern for this deteriorating psychological state — he was locking doorways and hiding knives. He even started to stab furnishings.
There have been additionally verbal and bodily altercations between Daniel, Pascal and Poholek hours earlier than the tragedy. Poholek additionally tried to name a cell disaster quantity. The assistance Daniel wanted didn’t are available time, nevertheless, as Daniel’s assault started through the morning of Could 7, 2020.
Prosecutors Colleen Dunne and Trey Evans, of the Monroe County State Legal professional’s Workplace, refuted the declare Daniel was psychotic through the stabbings. They pointed to a observe Daniel wrote stating his causes behind his assault. Prosecutors additionally stated a message on the again of that observe was “apologetic” in nature.
“Somebody who doesn’t notice what they did was flawed doesn’t have to express regret,” stated assistant state legal professional Trey Evans throughout closing statements.
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 stated Daniel suffers from psychological sickness and was a sufferer of abuse on the time of the incident.
State Legal professional Dennis Ward declined remark following the decision.