A trial involving Daniel Weisberger, the man accused of killing his brother, Pascal Weisberger, in May 2020 inside their Islamorada home, will be pushed to a future date after the court granted a request by the Monroe County State Attorney’s Office.
Jury selection was slated to begin Thursday, Nov. 7. During a Nov. 4 hearing, Assistant State Attorney Colleen Dunne explained some of the reasons for the continuance she requested on Oct. 31. Specifically, Dunne said her office received more than 1,000 pages of records for Weisberger in recent days. Dunne said time is needed to review the health records of Weisberger from the county jail and South Florida Evaluation and Treatment Center.
In addition, the state attorney’s office received a picture of a bird house the grandmother found that contained shredded pieces of paper with what appeared to be hieroglyphics on them that the grandmother threw away.
“Now the SAO (state attorney’s office) will want to depo her,” reads the Nov. 4 court minutes. “This ‘birdhouse’ was just sent to the SAO yesterday.”
Diane Ward, defense counsel for Weisberger, said all reports were given to the state attorney’s office from the South Florida Evaluation and Treatment Center. Ward added the prosecutors had the information for months and that there were no new notes in it.
The State Attorney’s Office, however, stated there was new information in the records received in the last few days which experts haven’t reviewed.
Judge Luis Garcia granted the prosecutor’s motion for a continuance. As a result, a new trial will be set for a later date. Garcia likely won’t be presiding over the case. He is set to retire from the bench later this month.
Weisberger is facing second-degree murder and first-degree attempted murder in the early morning attack on May 7, 2020 at the family’s apartment at Executive Bay Club. Weisberger, who was 17 at the time, is accused of stabbing 14-year-old Pascal to death and injuring his father, Ariel Poholek. Daniel fled from the scene and was captured later that evening after attempting to run into vehicles on U.S. 1 near Executive Bay Club. Weisberger was transported to a Miami hospital for injuries he sustained when he ran into a truck. He was eventually transported to the county jail on Stock Island. He was later placed in the care of the state Department of Children and Families.
Now 21, Daniel was deemed competent to stand trial by the South Florida Evaluation and Treatment Center last year. In 2022, the court declared Daniel was incompetent to stand trial following a series of mental and neurological evaluations.
Daniel’s counsel is seeking a verdict of not guilty by reason of insanity. The defense said during the Nov. 4 hearing that they were ready for trial.
