Spain Spain - Ana Knezevich, 40, from Florida, going through divorce, missing under suspicious circumstances on trip to Madrid, 5 Feb 2024 *Arrest*

[indicolite22]

IIRC, it is stated in the affidavit that Ana was last seen entering her building in the afternoon of February 2nd. I get it to be her last sighting on camera. Is it still true that a neighbor saw her outside of her apartment at 10pm that evening? DK left the building with a suitcase half an hour later. She was never seen leaving. Was there a way for her to leave the building alive and avoid being on camera? Obviously spray painting the camera failed. If there was no other way, then she's either still in the building or was carried out. It's probably unrealistic to expect she could have left through the roof or a window.

 

[jash]

His Wife Vanished in Spain. How His Texts to a Woman He Met Online Made Him the Suspect

Ana Knezevich Henao, 40, has been missing since Feb. 2, 2024.

people.com

"Ana Maria's life goal is to help other women, women in need, and so I know that if she had this opportunity to speak to the world and make a plea to the world for helping mothers find their daughters, she would say, don't just think about me," he said. "Think about all of the other women for whom there is no media attention, for whom there is no hope, for whom there is no information, and please try to go out of your way to help those people."

 

[Kittybunny]

DK's new attorney. This will be costly.

Nelson Mullins - Jayne C. Weintraub

Jayne represents individuals under investigation or charged with criminal offenses in federal courts throughout the United States and Puerto Rico as well as in various local state courts. She concentrates on pre–trial preparation and defense strategies, and she is an accomplished trial lawyer...

www.nelsonmullins.com

ETA She looks familiar. I think I've seen her on tv, but I don't remember what case. It was a long time ago.

Yes same here! It's driving me crazy that I can't remember why her name sounds so familiar. I googled her but nothing really obvious came up, other than she was a frequent guest on Nancy Grace.

Also commenting belatedly, but I am very happy to see an arrest in this case! These domestic violence cases really infuriate me!

 

[KooshBall]

Yes same here! It's driving me crazy that I can't remember why her name sounds so familiar. I googled her but nothing really obvious came up, other than she was a frequent guest on Nancy Grace.

She has had a lot of celebrity clients.

 

[Sundog]

Yes same here! It's driving me crazy that I can't remember why her name sounds so familiar. I googled her but nothing really obvious came up, other than she was a frequent guest on Nancy Grace.

Also commenting belatedly, but I am very happy to see an arrest in this case! These domestic violence cases really infuriate me!

She used to be a CNN legal commentator, and has represented some famous clients. I'm guessing that I used to see her on MSM when she used to be a commentator. She sounds too busy now with her law practice to spend time on MSM as a legal analyst. I didn't recognize the name, but recognized her face. From what I read about her online, she will be a formidable presence in court.

 

[Sundog]

His Wife Vanished in Spain. How His Texts to a Woman He Met Online Made Him the Suspect

Ana Knezevich Henao, 40, has been missing since Feb. 2, 2024.

people.com

On Sunday, in a message on Facebook, Adam Ingber, one of the attorneys representing Ana’s family, asked the public to contact the authorities if “they know anything.”

“I'm hoping that somebody along that path [from Serbia to Madrid and back] will have seen something or will have some video or will remember something weird that happened at the side of the road, just something bizarre or strange as something out of the ordinary,” he said. “If you know anything, please say something to the authorities.”

 

[Charlot123]

The Knezeviches were not divorced, but in the process of it (dividing the assets). It is unfair for Dušan to inherit his wife's money; much less to spend joint assets on a lawyer. Is there a provision in these cases?

 

[Sundog]

The Knezeviches were not divorced, but in the process of it (dividing the assets). It is unfair for Dušan to inherit his wife's money; much less to spend joint assets on a lawyer. Is there a provision in these cases?

Earlier on this thread, it was posted that AK's brother was going to Probate Court to petition for conservatorship over AK's estate in her absence. I don't think we know the results of that petition and what the court decided or if the court has made a decision about conservatorship. According to Florida law, five years is required before a missing person can be declared dead, unless there is evidence that the missing person is deceased. (Estate of Missing Persons, Florida Statutes, Section 733.209 is what OP quoted earlier on this thread.)

If probate court approved the petition, I would think that some of the marital assets would be protected until such time as AK is declared by Probate Court to be deceased. So I would think that DK would be limited with regard to the community property marital assets that he can dispose of, but I am sure his new attorney is working on this with an estate attorney from her practice or another practice.

 

[indicolite22]

Earlier on this thread, it was posted that AK's brother was going to Probate Court to petition for conservatorship over AK's estate in her absence. I don't think we know the results of that petition and what the court decided or if the court has made a decision about conservatorship. According to Florida law, five years is required before a missing person can be declared dead, unless there is evidence that the missing person is deceased. (Estate of Missing Persons, Florida Statutes, Section 733.209 is what OP quoted earlier on this thread.)

If probate court approved the petition, I would think that some of the marital assets would be protected until such time as AK is declared by Probate Court to be deceased. So I would think that DK would be limited with regard to the community property marital assets that he can dispose of, but I am sure his new attorney is working on this with an estate attorney from her practice or another practice.

If he has assets that are in his name only, can't he sell those and use the money for his defense?

 

[Sundog]

The Knezeviches were not divorced, but in the process of it (dividing the assets). It is unfair for Dušan to inherit his wife's money; much less to spend joint assets on a lawyer. Is there a provision in these cases?

AK's brother applied for conservatorship of the Estate of Absentee Ana Knezevich and hopefully started the clock ticking for the five year period necessary before a missing person may be declared deceased.

If, during this waiting period, DK is found guilty of AK's disappearance and murder, then AK's estate will have been protected if conservatorship was awarded to AK's family by Probate Court.

And if DK is convicted of murder, then DK would not be able to inherit AK's property, according to the "Slayer Rule" in the U.S., as I understand it. I assume that a murder conviction in either the U.S. or Spain would suffice.

The Slayer Rule
In trusts and estates law, the slayer rule says that a murderer cannot retain a property interest in their victim’s estate. The slayer rule allows courts to presume the murderer disclaims their property interest, and therefore behave as though the murderer predeceased the victim. This has the effect of disqualifying the murderer from receiving property from the estate of the victim.

The slayer rule applies only if the killing was felonious and intentional. The murderer is not required to be convicted of the crime, but if they are convicted of murder, the conviction establishes a conclusive presumption that the murderer did feloniously and intentionally kill the victim.

slayer rule

www.law.cornell.edu

​

ETA - IANAL

 

[Sundog]

If he has assets that are in his name only, can't he sell those and use the money for his defense?

IANAL, but I would think that the probate court - if they grant conservatorship- would have to make a determination on which assets are jointly held (acquired after the marrage) and which are separate (assets each spouse brought into the marriage, or inheritances of a spouse during the marriage). The court would decide that, regardless of whose name is on a bank account, etc. , including both assets and debts.

I would think that DK would continue to have access to at least 50% of the jointly held properties and could use that for his defense attorney payments. JMO, again, IANAL. It would be great if we had an estate attorney to weigh in here!

 

[Cedars]

AK's brother applied for conservatorship of the Estate of Absentee Ana Knezevich and hopefully started the clock ticking for the five year period necessary before a missing person may be declared deceased.

If, during this waiting period, DK is found guilty of AK's disappearance and murder, then AK's estate will have been protected if conservatorship was awarded to AK's family by Probate Court.

And if DK is convicted of murder, then DK would not be able to inherit AK's property, according to the "Slayer Rule" in the U.S., as I understand it. I assume that a murder conviction in either the U.S. or Spain would suffice.

The Slayer Rule
In trusts and estates law, the slayer rule says that a murderer cannot retain a property interest in their victim’s estate. The slayer rule allows courts to presume the murderer disclaims their property interest, and therefore behave as though the murderer predeceased the victim. This has the effect of disqualifying the murderer from receiving property from the estate of the victim.

The slayer rule applies only if the killing was felonious and intentional. The murderer is not required to be convicted of the crime, but if they are convicted of murder, the conviction establishes a conclusive presumption that the murderer did feloniously and intentionally kill the victim.

slayer rule

www.law.cornell.edu

​

ETA - IANAL

I don't think that a court would just automatically grant conservatorship to a brother: I think they'd be looking for whether there were any children, and living parents. I'm sure the brother in this case is innocent, but it isn't beyond imagining a scenario where a brother was not...

I think with the husband having been arrested, the court will act as 'conservator' until her body has been found and her estate can be processed (as Maggie Murdaugh's was), or she is declared legally deceased.

I think this is another reason to prosecute the case in the US.

JMO

 

[Sundog]

The Knezeviches were not divorced, but in the process of it (dividing the assets). It is unfair for Dušan to inherit his wife's money; much less to spend joint assets on a lawyer. Is there a provision in these cases?

AK's brother applied for conservatorship of the Estate of Absentee Ana Knezevich and hopefully started the clock ticking for the five year period necessary before a missing person may be declared deceased.

If, during this waiting period, DK is found guilty of AK's disappearance and murder, then AK's estate will have been protected if conservatorship was awarded to AK's family by Probate Court.

And if charged with murder, DK would not be able to inherit AK's property, according to the "Slayer Rule" in the U.S., as I understand it.

slayer rule

www.law.cornell.edu

ETD - IANAL

 

[Sundog]

Here is Florida statute regarding the state's Slayer Rule

Chapter 732 Section 802 - 2015 Florida Statutes - The Florida Senate

www.flsenate.gov

For the Slayer Rule to apply, the person must be convicted of murder or the greater weight of the evidence must show that the killing was unlawful and intentional, per section (5), below:

(5) A final judgment of conviction of murder in any degree is conclusive for purposes of this section. In the absence of a conviction of murder in any degree, the court may determine by the greater weight of the evidence whether the killing was unlawful and intentional for purposes of this section.

 

[ch_13]

The Knezeviches were not divorced, but in the process of it (dividing the assets). It is unfair for Dušan to inherit his wife's money; much less to spend joint assets on a lawyer. Is there a provision in these cases?

I know in cases where there are frozen assets, courts have made exceptions to allow the defendant to pay attorney fees. Removing access to money so they can't pay an attorney brings up Sixth Amendment issues.

I believe it recently came up with Kouri Richins.

 

[Artis]

I don't think that a court would just automatically grant conservatorship to a brother: I think they'd be looking for whether there were any children, and living parents. I'm sure the brother in this case is innocent, but it isn't beyond imagining a scenario where a brother was not...

I think with the husband having been arrested, the court will act as 'conservator' until her body has been found and her estate can be processed (as Maggie Murdaugh's was), or she is declared legally deceased.

I think this is another reason to prosecute the case in the US.

JMO

How would the US or Florida have jurisdiction with a crime in Spain?

 

[ch_13]

How would the US or Florida have jurisdiction with a crime in Spain?

The nationality principle permits a country to exercise criminal jurisdiction over any of its nationals accused of criminal offenses in another state.

Nationality principle | international law

Other articles where nationality principle is discussed: international law: Jurisdiction: The nationality principle permits a country to exercise criminal jurisdiction over any of its nationals accused of criminal offenses in another state. Historically, this principle has been associated more...

www.britannica.com

I don't know how often it is asserted. However, some years ago a Chinese citizen murdered another Chinese citizen in the U.S. and fled back home. China refused to extradite the murderer and instead tried him in China.

GUILTY - IA - Tong Shao, 20, Ames, 8 September 2014

Tong Shao Ames PD asking for help finding ISU student An ISU international student has been declared a missing person. Tong Shao, junior in chemical engineering who goes by the first name of Shao, was last seen on Sept. 8 in Iowa City on her way to Minnesota. Tong, originally from China...

www.websleuths.com

 

[Sundog]

How would the US or Florida have jurisdiction with a crime in Spain?

The crime involved two U.S. citizens so if the two countries involved agree, the case can be tried in the U.S. in federal court. It is likely that Spanish LE agreed on this plan of action.

 

[Sundog]

How would the US or Florida have jurisdiction with a crime in Spain?

It appears that this might fall under U.S. federal law that recognizes extraterritorial jurisdiction, which could include a crime against a U.S. citizen abroad.

DK can be prosecuted for kidnapping a U.S. citizen abroad with the charges brought before U.S. federal court and it is likely that LE in both countries agreed to this arrangement (i.e. Spain and U.S.).

The state of Florida is not involved in the charges. This is a federal matter. DK appeared before a judge in U.S. Federal Court in the Southern Distict (in Miami) and is being held in federal custody in the feds' jail system.

 

[Sundog]

DK"s arraignment today was postponed until June 3 at 1:30 pm. Apparently he needs to have a permanent attorney in place at the arraignment, and now only has a temporary attorney. Reported by News Nation. I'm on my cell phone now and can't bring the link over.

I wonder if he is keeping the same attorney but they are still working on the finances. Or if he will change attorneys again.