There’s no chance Wendi will be indicted. For all the reasons
@FreddyG so aptly stated in their last post. Arguable inference of involvement is not enough. Knowledge of what was about to happen is not enough. If we’re split about the extent of Wendi’s involvement, jurors will be split too. That’s reasonable doubt. JMO
She forced her kids to watch a broken TV for weeks. She and her mom had Best Buy come assess the feasibility of fixing an obviously unfixable TV the morning of the murder. Her mom confirms the appointment and she texts her back "This is SWEET" and deletes it. After getting advice from a professional TV repairman, she STILL needs to confirm with her brother - who has now been found guilty of being the mastermind of the murder - whether it makes sense to fix it or replace it. This conversation is 18 minutes and 17 seconds.
This is the same TV her mastermind brother says he bought cause it was cheaper than hiring a hitmen, which is not true because the hitmen he actually did hire to kill Dan Markel during the exact window of time her broken TV is being assessed - was $100,000. She went to the furthest possible liquor store away from her house so she could drive past the crime scene using a short cut that is not a short cut. She admits in her police interview to driving on Trescott (which she now denies) and seeing the police tape.
She confirmed whether Dan Markel would be in town during the week of his murder and she made this confirmation at the same time she was having breakfast with her family members who almost certainly are guilty of planning and executing the murder. She is the only person connected to the conspiracy who would have any way of knowing that Dan Markel was flying out to NYC the next day and the murder had to happen on the 18th of July.
She is acting erratically and strange (and sick!) during both murder trips. She sends her boyfriend a "no contact" email a couple hours after demanding precise details about the time of his departure of his upcoming trip out of town. Its only the 2nd trip out of town he's taken in months, and the other trip was the first murder trip. The murderers rented silver cars for both trips - the first car was almost identical to his car at the time.
Then, there's all the circumstances after the murder. She tells the podcast that Dan Markel was likely killed by professional killers in 2015 before anyone in the public knew anything other than a Prius being involved. She was packing her childhood bedroom up weeks before the murder and then moved into it 2 days after the murder. She never spoke to police after July 20, 2014 but through her lawyers communicated how she and her family was fully cooperating with the investigation. She changed the kids names in any practical sense - 2 weeks after the murder and then officially 1 year later. There's so much more. She tried to get the Go Fund Me money and inquired through her lawyers about getting control of the Trust/Insurance policies. Despite not recieving 100% of the estate, she is still a major beneficiary of Dan Markels murder. She's actually the biggest winner. Financially, she doesnt have to pay lawyers, ker kids are set for life and she never has to save for their cars, houses, weddings or college. She recieves almost $5k/month in survivor benefits instead of the $800 per month in child support...AND she gets to move to Miami, which is the entire motive of this murder. There is no shortage of motive for Wendi in a Wendi trial. When Sigfredo is arrested - in her last conversations with Ruth Markel before severing the relationship between Ruth and her grandkids, she is fishing for information about what Ruth knows and who is getting arrested. She is frantic, but never bothers to phone the police to get information from them to solve the murder of her kids dad.
I think if this case went to a jury in 1993, its almost certainly a guilty verdict. I think there is still a case for conspiracy. But what are we missing? Almost all of the exculpatory evidence is from the bump (although its not ALL exculpatory). She's never on wires. She's not meeting anyone in secret. Which brings up an interesting counterfactual - what would have happened if SHE was the target in the bump? What would we know if her phones were wiretapped? We will never now. But I digress....there certainly is evidence on the wires that she might have been kept in the dark.
One thing about Wendi....as told by her friend Tamara Demko - is that she keeps everything close to the vest. Highly secretive. She's a planner but tells nobody her plans. Tamara was a good friend and she had no idea she was writing a book until it was released. She was planning the divorce for months with her lawyers and the legality of taking certain items and emptying out her share of bank accounts, without Dan or their friends having a clue.
On the other hand, she has all this built-in "plausible deniability". Why would I mention the hitman joke if I was apart of it? Why would I hand you my family? I didnt even bring up Jeff Lacasse, my friend did. etc etc etc. For all of those factors, I think it would be hard to win a case right now against her. But we only have the evidence that is public and the prosecution has used it very sparingly (like her text to DM about July 13-18). We have all Donna's incoming emails but none of Wendi's outgoing. We have seen maybe 2 or 3 of her texts during this time. Im guessing there is a lot more we don't know but obviously not quite enough for Cappleman to bring charges. Yet.
