Seven days of witness and expert testimony in the Daniel Weisberger murder trial culminated in Circuit Judge Mark H. Jones delivering a guilty verdict inside a Key West courtroom on the afternoon of Jan. 23.
Following a few hours of deliberation, Jones found Weisberger guilty of second-degree murder in the stabbing death of his brother, 14-year-old Pascal, inside their Islamorada home during the early morning of May, 7 2020. Weisberger, who was 17 at the time of attacks, was also found guilty of first-degree attempted murder in the stabbing attack on his dad, Ariel Poholek, shortly after killing Pascal.
Jones, who presided over the case, was also the jury after the attorneys and court agreed to proceed with a bench trial in Daniel’s murder case. A gallery of family members and staff with the Monroe County State Attorney’s Office was silent as they watched and listened to Jones read the verdict. The charges carry a possible life sentence for Weisberger, who was held at the county jail on Stock Island during the trial. He was transported to the South Florida Evaluation and Treatment Center where he’s been receiving treatment for several years. He’ll learn of his sentence when he returns to the courtroom on Feb. 27.
State Attorney Dennis Ward declined to comment following the verdict read inside the courtroom. Ward added he’d comment following the sentence hearing.
Daniel’s defense counsel, Diane Ward and Ed O’Donnell, were seeking a verdict of not guilty by reason of insanity. They brought several experts to the stand to testify, one being Dr. Pamela Scannell. She saw Daniel on several occasions following the attacks at the South Florida Evaluation and Treatment Center. A licensed clinical psychologist specializing in forensic psychology, Scannell believed Daniel was suffering from a psychotic illness, schizophrenia, at the time of the attacks on May 7, 2020.
The trial also brought to light Daniel’s diagnosis of ADHD, post-traumatic stress disorder and conduct disorder during his younger years.
Ward also recalled a timeline just hours before the attack as Poholek sought help for Daniel. Poholek attempted to contact Daniel’s therapist, expressing grave concern for his deteriorating mental state — he was locking doors and hiding knives. He even began to stab furniture.
There were also verbal and physical altercations between Daniel, Pascal and Poholek hours before the tragedy. Poholek also attempted to call a mobile crisis number. The help Daniel needed didn’t come in time, however, as Daniel’s attack began during the morning of May 7, 2020.
Prosecutors Colleen Dunne and Trey Evans, of the Monroe County State Attorney’s Office, refuted the claim Daniel was psychotic during the stabbings. They pointed to a note Daniel wrote stating his reasons behind his attack. Prosecutors also said a message on the back of that note was “apologetic” in nature.
“Someone who doesn’t realize what they did was wrong doesn’t need to ask for forgiveness,” said assistant state attorney Trey Evans during closing statements.
Poholek, who attended each day in support of his son, said the state attorney’s office “ensured that we suffered as much additional emotional distress as possible throughout the trial, and even before.” Poholek maintains Daniel wasn’t in a rational state of mind on May 7, 2020, when he attacked Pascal and himself.
“Given the unmistakable reality of Daniel’s suffering from severe mental illness, and his diagnosis of such by an array of very credentialed mental health professionals, one of who testified at the trial, our family and I are profoundly disappointed by the judge’s decision,” Poholek wrote in a lengthy Facebook post days after Jones’ verdict.
Poholek said he hopes Judge Jones takes into account his family’s wishes to focus on mental health treatment as opposed to decades behind bars. A number of letters sent by members of the community who knew Daniel and the family are also wishing Jones to spare Daniel more time in jail.
“Daniel indeed had mental health issues which I addressed to the best of my ability,” said Dr. Stan Zuba in a letter to Jones. “I also referred him to several mental health providers. As you are likely aware mental health services in the Keys are badly lacking.”
Delays were seen in Daniel’s case after the court determined whether he was competent to stand trial. In 2022, the court declared Daniel incompetent to stand trial following a series of mental and neurological evaluations. By July 2023, the South Florida State Hospital filed an evaluation stating Daniel was competent to stand trial.