Dressed in a blue suit coat, Daniel Weisberger entered a Key West courtroom on Jan. 14. His leg ankle chains clang as he proceeded to a table where his two defense attorneys sat.
Before taking his seat, Weisberger took a moment and peered out at the gallery. He saw his father, Ari, and his grandparents. They exchanged a “hello” through a wave. Weisberger put his hands together, similar to a prayer gesture, and proceeded to take a seat. Day one of Weisberger’s murder trial was about to begin before Circuit Judge Mark Jones.
“It’s the first time you and I met in person,” Jones said to Weisberger. Circuit Court Judge Luis Garcia presided over the case before his retirement last November. The case was assigned to Jones after it was initially set to begin last fall at the Plantation Key Courthouse in the Upper Keys.
Weisberger is facing counts of second-degree murder, first-degree attempted murder and false imprisonment from an incident that shattered a family — and a community — more than four years ago on May 7, 2020. According to prosecutors, Daniel Weisberger stabbed his younger brother, then-14-year-old Pascal, to death in a bedroom they shared at their Executive Bay home in Islamorada during the early morning hours. Prosecutors say Daniel also attacked his father, Ari Poholek, shortly afterward, stabbing him in the neck and strangling him. Daniel eventually fled the scene; a massive hunt ensued by the Monroe County Sheriff’s Office and neighboring agencies in Miami-Dade County.
Some 12 hours later, Weisberger was seen running into oncoming traffic on U.S. 1 not far from Executive Bay Club. He was treated and taken to Ryder Trauma Center at Jackson Memorial Hospital in Miami. From there, he was taken to the county jail and eventually placed into Department of Children and Families care so he could obtain the necessary mental health treatment. Questions ensued over whether he was competent to stand trial; the court declared Daniel incompetent to stand trial in 2022 following a series of psychological and neurological examinations. By July 2023, Daniel was deemed competent to stand trial.
Jurors weren’t in the courtroom on Jan. 14, after an agreement among attorneys and the court to proceed with a bench trial. In addition to presiding over the trial, Jones will consider the facts of the case, apply the law and determine whether or not Daniel is guilty of the charges.
After the defense presented a few minor items to Jones, including giving Poholek a chance to visit with his son Daniel, the prosecution delivered opening statements. Monroe County Assistant State Attorney Colleen Dunne said the case involves a young man with a “wide variety of behavior problems, aggressive and rule-breaking behaviors” who “harbored his anger and resentment for his father, brother and mother.” Dunne also addressed the defense’s pursuit for a plea of not guilty by reason of insanity, stating his “unrestrained passion or ungovernable anger isn’t insanity.”
“He knew what he was doing,” Dunne said, alluding to a note found in Daniel’s pocket explaining the reasons behind the acts.
Defense counsel Diane Ward and Ed O’Donnell waived their opening statements, saying they would wait until the prosecution rested its case. From there, the prosecution began by calling several witnesses throughout the morning. The first was a neighbor to Ari and his kids at Executive Bay Club. Appearing visibly emotional, he recounted the events unfolding during the early morning hours of May 7, 2020, including the moment a severely-injured Poholek banged on his door seeking help.
Monroe County Sheriff’s deputy Nestor Argote and Sgt. Vaughn O’Keefe were the next two to take the stand. Argote, who was the first on scene, recounted his interaction with the neighbor and his efforts to secure the area. He noted the front door to Poholek’s residence was locked, but a back door was ajar, where Daniel supposedly escaped. Argote’s body camera video showed the moments as he entered the residence.
O’Keefe was the first deputy to respond to Daniel after he ran into a truck on U.S. 1 on the evening of May 7, 2020. His body camera video was also shown in the courtroom.
Dunne then called Poholek to the stand. For years, Poholek has fought against the Monroe County State Attorney’s decision to charge his son Daniel as an adult. He said his son had a psychotic break as he attacked Pascal and himself, a result of physical and emotional abuse he endured as a child and inadequate mental health system to help him overcome the challenges. While Pascal’s death was a tragedy beyond comprehension, Poholek has said that long-term imprisonment for Daniel will only lead to the lives of both boys being destroyed.
Inside the courtroom, Dunne and Poholek sparred throughout the morning over the events unfolding before and during the attack. Specifically, Dunne and Poholek went back and forth over a confrontation the day before among Daniel, Pascal and Poholek. Dunne also pressed Poholek related to Daniel’s statements during the attack.
Following a lunch break, Poholek returned to the stand for more testimony. He was eventually let off the stand following the intense back-and-forth.
Poholek noted there was a period of time where Daniel was living with his mother and attending school in Port St. Lucie during the start of 2020. When COVID hit in March, he was directed by the state Department of Children and Families to the Keys where he went back to living with his dad. He was virtually attending school. Poholek said he noted troubling behavior from Daniel as he acted out irrationally. Poholek said he told Daniel’s therapist and case worker with the state Department of Children & Families about his mental health issues.
The trial resumed on Jan. 15 as more testimony was heard from witnesses. Once the prosecution rests its case, the defense will provide opening statements and call witnesses. Weisberger is being held at the county jail on Stock Island throughout the trial.
