It was Day 11 of Donna Adelson’s trial in the 2014 murder of her ex son-in-law, Dan Markel, and the defense rested its case.
Donna announced she would not be testifying on her behalf, meaning the end of her trial is near.
The defense called its first witnesses Sept. 2. Jurors heard from several family friends who said she and Harvey were “hysterical” after hearing Markel was murdered. They painted her as a “loving” and “typical Jewish grandmother.” Witnesses also said her flight to Vietnam that precipitated her arrest was always meant to be a vacation to get away from the glare of the media spotlight rather than an effort to evade charges.
Donna is accused of helping organize a murder-for-hire that led to two hitmen shooting Markel in the driveway of his home. At the time, he and his ex-wife, Wendi, were in the middle of a custody battle as Wendi attempted to move with their two young sons to Miami.
She is the fifth person to be charged in the infamous murder of Markel, a former law professor at Florida State University. The 75-year-old is charged with first-degree murder, conspiracy and solicitation. The killing has led to the convictions of two hitmen, a middleman between the Adelson family and the hitmen and her son Charlie Adelson, who was convicted in 2023.
Here are the Sept. 3 updates from the Adelson trial:
Defense rests its case
After much discussion, the defense decided it’s finished calling witnesses.
“At this point in time, the defense rests,” Josh Zelman said.
Leon Circuit Judge Stephen Everett released the jury and said he had matters to discuss with the defense and prosecution. He is going over the instructions that will be presented to the jury for their deliberation.
Everett is making changes to the wording of the instructions and seeking each side’s approval as he goes.
“Mrs. Adelson, do you understand what’s being omitted as jury instructions?” Everett asked.
“I do,” she answered.
She then asked to speak with her attorneys.
The judge and the two parties spent an hour so far determining what would be presented to the jury.
Closing arguments are expected to take four hours. Court is slated to begin at 8:30 a.m. tomorrow.
Defense discussing whether it has additional witnesses
Josh Zelman asked to have the complete 2014 and 2023 calendars admitted as evidence. The 2014 planner has information about Dan Markel’s license plate number written in it that the state presented to the jury as evidence last week.
The state objected to the whole planner being admitted because the portions it showed were specific, Assistant State Attorney Georgia Cappleman said.
Leon Circuit Judge Stephen Everett said he didn’t think entering the entire calendar into evidence was necessary.
Donna Adelson will not testify
After much back and forth, Donna Adelson finally made her decision: She will not testify on her behalf.
This question has been one hanging over the trial since its inception, and now the mystery has come to an end.
“At this time, I don’t want to testify,” Donna said.
She did not follow in her son’s footsteps. Charlie Adelson chose to testify in his 2023 trial in the murder of Dan Markel.
Without Donna taking the stand, the defense is determining if it rests its case.
Donna Adelson still deciding to testify
The back and forth between Donna Adelson and her attorneys continues.
“Do you understand you have the right to remain silent …” Judge Stephen Everett said.
“I do understand,” Donna said.
Donna agreed that she had discussed her rights with her attorneys but wanted more time.
“This decision affects the rest of my life,” Donna said.
Everett said she isn’t in a different position than any other defendant and needs to make a decision. No one else can make this decision, he said.
“I was hoping to have some time to speak with my attorneys,” Donna said.
After a long pause, Josh Zelman asked for two more minutes. Reluctantly, Everett granted them exactly five extra minutes to discuss.
Victim advocate testifies
Sara Newhouse, a former victim advocate for the Tallahassee Police Department, testified next. She was assigned to Wendi Adelson after Dan Markel was killed.
She said she was present when Wendi was interviewed by TPD and when she called her mother to tell her about the murder.
“When Wendi Adelson called her mother, do you recall Donna Adelson’s reaction to being told that Dan Markel had been shot?” Josh Zelman asked.
“Yes,” Newhouse answered.
“Did this upset her?” Zelman asked.
“She sounded shocked, I guess that’d be the word you’d say,” Newhouse answered.
“Did it appear this was the first time she was hearing about it?” Zelman asked.
“Yes,” Newhouse answered.
She said she couldn’t really hear any of Donna’s specific responses but from what Newhouse could tell, she seemed a normal level of upset.
Donna Adelson’s former counsel testifies
Marissel Descalzo, who formerly worked with Donna Adelson on her case, took the stand after the lunch break.
Before Descalzo entered the room, Adelson waived her right to attorney client privilege to let her former counsel testify.
She testified that she had a phone call with Assistant State Attorney Georgia Cappleman before Charlie Adelson’s trial ended.
“Were you present when Dan Rashbaum told her she may get to the airport in time or make it to the airport and not make it out?” Assistant State Attorney Sarah Kathryn Dugan asked.
“I don’t believe that was in person,” Descalzo said. They told Donna there wasn’t a warrant but that didn’t mean she couldn’t get arrested.
She said she didn’t know where they were thinking of going, and the vacation wasn’t her idea.
“I did not suggest they should take a vacation,” Descalzo said.
“My client talked to you about a vacation, correct?”
Descalzo said yes and that Donna didn’t talk to her about fleeing jurisdiction. Even though Vietnam is a non-extradition country it doesn’t mean the United States couldn’t seek or attempt extradition, she testified.
Defense still quiet on if Donna Adelson will be testifying
The defense still hasn’t definitively said whether Donna Adelson will testify on her behalf.
After going back and forth with Leon Circuit Judge Stephen Everett about not having enough time to decide whether Donna would testify, Everett granted the defense five extra minutes to discuss.
Donna, her attorneys and the prosecutors went off to a sidebar, and after their return there was no mention of their final decision.
Our legal analyst Tim Jansen, a well-known Tallahassee criminal defense attorney, said he believes that this means Donna will not testify.
“They are being cagey about her testifying, admitting their evidence and trying to fill all the holes that Donna would need to expound on,” Jansen said. “I believe they will rest and hope there is no rebuttal.”
Attorneys ask for more time to decide whether Donna Adelson testifies
Jackie Fulford said they discussed with their client about whether she should testify, but it wasn’t ample time to make a fully informed decision.
“When we had the break yesterday at 2:45 p.m. … you did not discuss with your client?” Leon Circuit Judge Stephen Everett asked.
“I’m asking for additional time,” Fulford said.
Everett said they’ve had time pre trial and during trial.
“Your client is in no different position that other defendants…” Everett said.
The judge gave Donna and her attorneys five additional minutes to decide.
Court recessing for lunch
Leon Circuit Judge Stephen Everett released the jury for lunch, instructing them to return at 2:15 p.m. with the intent to begin at 2:20 p.m.
Any discussion about Donna Adelson testifying needs to occur during lunch, Everett said.
Before being released, Josh Zelman complained to the judge about the gallery’s reaction to witness’ testimonies.
“It is a public trial; I cannot clear the court room,” he said. But specific individuals can be removed from the trial and subject to contempt of court, he said.
Next witness takes the stand
Linda Bailey, a family law attorney, was called to testify. She worked as a mediator in Wendi Adelson and Dan Markel’s divorce.
Wendi asked her to create a timesharing plan that would give Wendi 59% of the time with her kids and 49% to Markel. The only advantage to this is to be able to claim children on taxes, Bailey said.
It was Bailey’s understanding that ultimately Wendi and Markel worked out a timesharing plan among themselves. She said she didn’t see anything that indicated Wendi was trying to prevent Markel from seeing their kids.
Bailey testified that Markel wanted a great deal on contact and would try to go over to Wendi’s home during Wendi time with the boys.
Within five weeks after the relocation request was denied, Wendi and Markel solved financial issues, temporary parenting, permanent parenting, alimony issues and more.
“They resolved everything,” Bailey said.
Josh Zelman asked her if she considered the divorce to be contentious.
“No, to the contrary,” Bailey said. “It was settled amicably, and everyone was moving on with their lives.”
“And quickly,” Zelman added.
“Yes,” she said in agreement.
She also testified that their were no issues or arguments during discovery, which is the period in which records and evidence is submitted. Bailey said she’s seen lots of issues with clients who don’t want to provide information but that wasn’t the case with Wendi and Markel.
Zelman asked if she found “anything unusual” about Wendi’s family’s involvement, and particularly, Donna’s.
“Family involvement, especially moms,” is common, Bailey said. Kristin Adamson, another family law attorney that testified before Bailey said the same.
Zelman asked Bailey about her familiarity with Wendi’s nickname for Markel: “Jibbers.”
Jibbers is someone who speaks gibberish, Bailey said, and in looking at Markel’s pleadings, the nickname was “somewhat applicable.”
Bailey said she often has talks with clients’ families so they don’t interfere with the advice she’s been hired to give her client.
“At the end of the day, they got a very typical marriage settlement,” Bailey said.
She testified that there was nothing unusual about the Adelson’s million-dollar bribe to get Markel to agree to a relocation.
“Depending on your financial circumstance, that number can be wide-ranging, but it’s common,” Bailey said.
Again, Bailey indicated that the Adelson-Markel divorce wasn’t controversial.
“It was much more amicable than many cases I see,” Bailey said. “They were very flexible with each other.”
Markel never asked for Donna to be prohibited from seeing his kids, she said, even after asking Wendi to have Donna stop insulting him in front of the kids.
Bailey said Donna helped “beef up the facts” of Wendi’s case, which she found to be “helpful suggestions.” The state has characterized Donna as overly involved in Wendi’s life and divorce.
Assistant State Attorney Georgia Cappleman asked Bailey what she was asked to do. She said she was asked to review the case and decide if it was a “highly contentious custody case.”
“Isn’t contentiousness in the eye of the beholder?” Cappleman asked.
Bailey said Markel and Wendi’s case was “routine” and not emotionally charged.
“They weren’t? How do you know?” Cappleman said.
“What isn’t a big deal to us is a big deal to litigants, right?” Cappleman asked.
Bailey said she didn’t know.
“Jibbers in this case means ‘Jew in boots,’ ” Cappleman said. She then asked if they could agree this wasn’t a flattering term.
“It’s probably not flattering, but I’ve seen far, far worse,” Bailey said.
“Did you see evidence in this case of Wendi taking her mothers suggestions… and then forwarding them to Mrs. Adamson?” Cappleman asked.
“No I didn’t see that,” Bailey testified.
Bailey had previously testified that Markel’s filings included “inflammatory language.” Cappleman argued that this language could’ve upset the Adelsons.
Earlier, Zelman brought stacks of papers and binders from another relocation case to show that Wendi and Markel’s case wasn’t as lengthy or extensive as the one before the witness and jury. But Cappleman pointed out that no one was murdered in that case and the Adelson-Markel divorce would’ve had a lot more filings had Markel not been killed.
Judge determines whether next witness can testify
The defense’s next witness, Linda Bailey, sat inside the courtroom this morning listening to Kristin Adamson’s testimony. Typically, witnesses aren’t allowed to sit in court before they testify.
Josh Zelman said they discussed having her sit through Adamson’s testimony but the court reporter couldn’t find anything from the previous days’ records that backed this up.
“The state never agreed to what’s being discussed now,” Leon Circuit Judge Stephen Everett said.
“It’s in black and white,” he said.
“We thought we adequately addressed it last week during a side bar,” Zelman said.
The state is asking to have this witness excluded, as this isn’t the first time this is occurred.
“You admonished the defense to not let it happen a second time, and now it’s happened a second time,” Assistant State Attorney Georgia Cappleman said.
“Does the state get a fair trial too?” Cappleman added.
Bailey was asked to take the stand to determine whether her testimony will be admitted. The jury was out of the courtroom for this questioning.
Everett said Bailey should not have sat in the court room.
The witness has indicated that she reviewed materials provided by the state and testimony from witnesses in prior trials.
“As a member of the bar, I’ll give Mrs. Bailey credibility,” he said.
Everett said he’d allow Bailey to testify and the state can decide how to instruct the jury to consider this witness’ testimony.
Wendi Adelson’s former divorce attorney testifies
Kristin Adamson, a family law attorney, was the first witness of the day.
She previously represented Wendi Adelson during her divorce proceedings and relocation attempts.
“Would you call her divorce a bitter custody battle?” Josh Zelman, one of Donna’s attorneys asked.
“I would not; that’s not how I would characterize it,” Adamson said.
Adamson said most relocation requests have to go before the court, and it’s very common for people to want to move near their family, their parents, “no matter how old they are.”
“Families tend to be enmeshed in their family’s divorces,” she said.
Relocations are hard to win and usually require special circumstances. She said she’s only won one case for relocation in 37 years.
“I would never tell someone to try for relocation if i didn’t think they had a shot at it,” Adamson said.
“What happened with Wendi’s relocation?” Zelman asked.
“She did not win relocation,” Adamson said.
Wendi testified about the reasons she wanted to move, explaining the job opportunity she had that came with more pay and better hours, she said. The judge said she didn’t think Wendi had met her burden in proving that the relocation was in the best interest of the children.
Adamson testified that it’s not unusual for a financial incentive to be offered to be able to relocate. The Adelson’s offered Dan Markel $1 million to let Wendi move to Miami.
She also testified that she had to write letters to Markel requesting that he pay the money he owed Wendi for the proceedings. The letters didn’t prompt him to pay, leading him to hire a new lawyer that countered and alleged he didn’t have to pay because Wendi breached their agreement.
Later in the case, Markel brought up “serious” parenting issues, Adamson said. He said that Wendi wasn’t letting him FaceTime the kids as much as he wanted to or be at the same parties if she was there. He also suggested Wendi and Adamson should be disbarred from practicing law.
Assistant State Attorney Sarah Kathryn Dugan asked Adamson about Donna’s involvement with filings in the divorce case. Adamson said that Wendi was a good client and trusted her and rarely provided input on what she wanted done.
“So would you have knowledge of Wendi sending pleadings to her mom and saying ‘Let’s edit this’? ” Dugan asked.
“No,” Adamson answered.
Adamson testified that Wendi was upset about losing the relocation case but was calm. She couldn’t speak to how Donna reacted.
“I didn’t agree with the judge,” she said.
“Would you describe the divorce as contentious?” Dugan asked.
Adamson said that she wouldn’t consider it contentious compared to other divorce cases she’s worked on, but the enforcement of payments, however, became a little contentious. Markel’s pleadings became personal and that’s when Adamson said she believed it became contentious.
When she found out about Markel’s murder, “it was pretty shocking,” she said.
Adamson said she’s seen a few murders or suicides in cases she’s worked, but “it’s very rare.”
“Right, but not contentious,” Dugan said.
Questions still swirl about Donna Adelson testifying
Donna Adelson’s lawyer Josh Zelman told Judge Stephen Everett that he has several witnesses he plans to call this morning.
Donna was not among that list.
Everett said he’d allow a longer lunch break today.
“That will be your opportunity to have any final conversations concerning whether she will in fact testify,” he said.
Will Donna Adelson testify?
As the defense enters its second day of calling and questioning witnesses, the biggest question still remains: Will today be the day Donna Adelson takes the stand?
The tenth day of Donna’s trial ended abruptly and several hours early, drawing suspicion that Josh Zelman and Jackie Fulford could be considering calling their client to testify and choosing to start when they’d have more time to hear her side of the story.
So far, there has been no confirmation that Donna will be testifying, but she could choose to follow in her son’s footsteps. Charlie Adelson testified in his 2023 trial, but jurors soundly rejected his story finding him guilty after just three hours of deliberations.
Click here to read legal analyst Tim Jansen’s pros and cons of testifying.
GAVEL-TO-GAVEL COVERAGE:
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This article originally appeared on Tallahassee Democrat: Donna Adelson trial recap: She will not testify; defense rests its case
Reporting by Elena Barrera, Tallahassee Democrat / Tallahassee Democrat
USA TODAY Network via Reuters Connect
