Man accused of killing his wife hires a lawyer after the court decides that he can use the woman's life insurance policy
A Denver man accused of murdering his wife can receive more than $ 500,000 from her life insurance to pay for his defense, despite arguments that the money should go to the guardian of their two children.
Robert Wayne Feldman, 53, was accused in February last year of first-degree murder for the death of his 44-year-old wife Stacy, who was found dead in the shower of their home in Denver in March 2015.
On Monday, Feldman dismissed his public defender and recruited his private lawyer after the Colorado Supreme Court ruled last month that he could use the funds he had collected from Stacy's policies, KDVR reported.
According to KDVR, Feldman agreed to pay David Kaplan's law firm $ 550,000 to defend him, using money from Stacy's $ 751,000 life insurance policy.
Robert Feldman, (left), who is accused of killing his wife Stacy, (right), can use more than $ 500,000 received from her life insurance to pay for his defense, despite arguments that the money goes to the guardian of their two children have to go
Feldman hired a private lawyer to defend him after a lengthy legal battle in which a Supreme Court saw that he could use the proceeds from his wife's insurance policy to pay for it
However, her family later prosecuted in Probate Court, using Colorado & # 39; s slayer statute.
Denver & # 39; s Probate Court later found it to the benefit of the family and ruled that the money should not be given to Feldman and that the money should instead go to their two young children who are in custody of a legal guardian .
KDVR reported that Kaplan later withdrew from the case, which was taken over by a public defender on behalf of Feldman.
He then appealed the decision to the Colorado Supreme Court, which ruled that Stacy's family had not acted in time to prevent Feldman from using the money.
KDVR reported that Feldman has now hired the same law firm and that he will be read in October prior to his murder trial, which is expected to begin in April 2020.
A criminal lawyer not affiliated with the case told KDVR that the law firm had acted correctly in accepting the funds because the Probate Court was not authorized to freeze bills.
Feldman (left) walks with his lawyer David Kaplan (right), whom he originally assumed when he was first accused of her murder in February 2015
Prosecutors claim that Feldman strangled Stacy in the shower and then filed her death as a trap, hours after she confronted him with having an affair
Attorney Dan Recht said to KVDR: & According to the Supreme Court, the Probate Court cannot freeze the money that has already been given to a third party.
& # 39; Suppose the killer takes the proceeds from an insurance policy and buys a car. (De) car dealer does not know that something is wrong, they have done nothing wrong.
& # 39; They have just received money and given someone a car. Should they return the money if he (Feldman) is found guilty of murder? No doubt not, & said Right.
Prosecutors claim that Feldman strangled Stacy in the shower and then filed her death as a trap, hours after she confronted him with having an affair.
On March 1, 2015, Feldman, a meat products wholesaler, called 911 in a panic and stated that his wife did not respond in the shower.
Stacy, who worked for the non-profit PSC Partners in search of a cure, was declared dead on the spot.
Feldman was vague about the position in which he had found the body. Firefighters who were the first on the scene said he was & # 39; strange & # 39; and & # 39; too dramatic & # 39; behaved, according to a statement from Dailymail.com last year.
It was reported that Stacy Feldman discovered that her husband was having an affair with a woman he had met at Tinder and confronted him about this before her death
Feldman, 53, worked as a wholesaler in meat products, while his wife Stacy, 44, worked for a non-profit. They are seen on a family photo with their two children
Feldman's story was that Stacy had smoked marijuana food and a pot the night before at a party, which is legal in Colorado.
Feldman claimed that Stacy had smoked marijuana food and pot at a party the night before, which is legal in Colorado.
He said she wasn't feeling well when he left around 8:00 am that morning to take the children to school in a Jewish temple, and he didn't see her again until he found her dead at 3:00 pm.
The medical researcher found no signs of THC in Stacy's system, showing that she had not smoked the jar. But the autopsy could not prove that her death was a murder – the cause and manner of death were undetermined.
Cops received an anonymous letter on March 24 saying Stacy was expected to pick up the couple's children at noon on the day of her death – which contradicts Feldman's story.
Then, on June 11, a woman contacted the local Crime Stoppers hotline with crucial information.
She revealed that she met Feldman in February via the dating app Tinder.
The woman said that Feldman later visited her house for dinner and that they had sex.
The couple had plans to spend a weekend together, but she didn't hear from him. When she called him, he said he couldn't meet – he & # 39; blew her off & she said.
She later found an email address for Stacy and contacted her on the morning of March 1 to ask if Feldman was really divorced. Phone data shows that Stacy responded immediately and called the woman at 8. 52 am on the same day.
Stacy told the woman that Feldman had deceived her before and said she & # 39; finished him & # 39; was, the woman remembered. Hours later, Stacy was dead.
The police elaborated on the matter and examined the links of the 911 call.
A detective trained in techniques for assessing suspicious 911 calls, noted that while Feldman said he was performing CPR, there were no changes in his breathing during the phone call.
The detective and public prosecutors have engaged a forensic expert who is nationally known as an authority in strangling deaths.
The expert has assessed all photos of the crime scene and autopsy, as well as the reports of the first autopsy.
In December 2017, the expert published his full report that Stacy was killed by strangulation or suffocation. The way of death was murder.
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