Day 1 - October 26, 2023
The prosecution and defense delivered opening statements outlining competing theories of the killing, and the state called Dan Markel's neighbor, responding officers, the medical examiner, and the lead FBI investigator before Wendi Adelson testified under immunity and cross-examination began.
Full day summary
9:32:36 2. Opening Statements
Opening statements from both sides frame the competing theories of the case: prosecution argues Charlie Adelson hired hitmen to resolve a custody dispute, while defense contends Adelson was an extortion victim who paid under threat after Katherine Magbanua arrived at his home the night of the murder.
Highlights
Opening Statement - Sarah Kathryn Dugan other Dugan introduced herself, explained that opening statements are a roadmap of expected evidence, and stated the State's central allegation that the defendant hired a hitman to kill Dan Markel because the Adelson family's problem was Markel and the defendant had a girlfriend with the necessary connections. Opening Statement - Sarah Kathryn Dugan “The reason that we're here today is because the defendant in this case, Charlie Adelson, hired a hitman to kill his former brother-in-law, Dan Markel.” — Sarah Kathryn Dugan States the prosecution's core allegation at the outset of the trial. Opening Statement - Sarah Kathryn Dugan other Dugan described the 2016 undercover operation and its aftermath as the State expects to prove it: the 'bump' of Donna Adelson with an article and a $5,000 demand, the wiretapped calls that followed, and the recorded Dolce Vita meeting in which she says the defendant discussed evidence, coded terms, and having the purported blackmailer killed. Opening Statement - Sarah Kathryn Dugan “The defendant says, so help me God, if they fuck with my family, it's going to be Nazi shit because this will be done.” — Sarah Kathryn Dugan Previews the recorded statement the State says shows the defendant's willingness to have the purported blackmailer killed. Opening Statement - Sarah Kathryn Dugan other Dugan told jurors the State would show the defendant conspired with and solicited Magbanua and paid her, making him guilty as a principal to first-degree murder, and asked for a verdict of guilty as charged. Opening Statement - Dan Rashbaum other Rashbaum acknowledges the murder as a tragedy, then states that the evidence will show Charlie Adelson had nothing to do with it and that the State cannot meet its burden. Opening Statement - Dan Rashbaum “Charlie Adelson is innocent, and we'll get there.” — Dan Rashbaum States the defense's core position at the outset, going beyond a burden-of-proof argument to an affirmative claim of innocence. Opening Statement - Dan Rashbaum other Rashbaum previews the defense account of the night of July 18, 2014, in which Magbanua arrived frantic, said a friend of hers had shot Markel, denied involvement, and conveyed a 48-hour payment demand backed by threats. Opening Statement - Dan Rashbaum “What they don't realize is that their undercover operation was an extortion on an extortion.” — Dan Rashbaum Frames the 2016 undercover bump, a centerpiece of the State's case, as confirmation of the defense's extortion theory.
5. Joanne Maltese — Direct/Cross
Forensic specialist Joanne Maltese's direct and cross-examination covering crime-scene documentation at the Markel residence and Wendi Adelson's van, followed by a pre-ruling on defense objections to medical examiner photographs.
Highlights
Joanne Maltese - Direct testimony highlight Maltese testified that a dark mark on Markel's forearm documented at the hospital was consistent with stippling, and Cappleman connected this to the muzzle's proximity to Markel at the time of firing. Lunch Recess — Defense Objection to Medical Examiner Photos Overruled ruling Judge Everett overruled the cumulative objection and permitted the state to admit State's Exhibits 25–34 with proper foundation through the medical examiner, who was also permitted to testify about the manner and method of the homicide.
6. Anthony Clark — Direct/Cross
Dr. Anthony Clark's autopsy testimony and the defense's waiver of cross-examination.
Highlights
Anthony Clark - Direct testimony highlight Clark testified that Dan Markel was shot twice, both in the head, describing an entrance wound just inside the left eyebrow and one on the outside of the left cheek. Based on glass-fragment abrasions around the cheek wound versus gunpowder stippling around the eyebrow wound, he opined the cheek shot came first and the eyebrow shot second, the latter fired from within inches. Anthony Clark - Direct testimony highlight Clark gave the cause of death as gunshot wounds of the face and head and classified the manner of death as homicide. Anthony Clark - Direct “This was considered a homicide.” — Anthony Clark The medical examiner's formal classification of the manner of death.
7. Patrick Sanford — Direct/Cross/Redirect
FBI Agent Patrick Sanford's direct, cross, and redirect testimony covers the Markel-Wendi custody dispute, the Adelsons' proposed $1 million payment to fund Wendi's relocation, financial benefits Wendi received after Markel's death, surveillance and toll evidence tracing the rental Prius to Luis Rivera and Sigfredo Garcia, and Katherine Magbanua's undocumented payments from the Adelson Institute.
Highlights
Patrick Sanford - Direct evidence event Using SunPass toll records, investigators isolated a single green Prius matching the round-trip travel pattern between Tallahassee and South Florida, traced the transponder to a small Miami rental company, and obtained a rental agreement showing the vehicle was rented by Luis Rivera, with a phone number on the contract later linked to Sigfredo Garcia. Patrick Sanford - Direct testimony highlight Sanford testified that Adelson Institute records for Katherine Magbanua consisted only of a list of issued checks, with no job description, timesheets, employment application, tax forms, or performance evaluations, and that investigators found no evidence she performed work there despite being paid from September 2014 through March 2016; surveillance beginning in November 2015 similarly found no corroboration for wiretapped references to her 'cleaning up on the weekends.'
8. Wendi Adelson — Direct/Cross
Wendi Adelson takes the stand under use immunity at the close of Day 1, covering the full Adelson-Markel divorce conflict on direct and beginning cross-examination by the defense.
Highlights
Wendi Adelson Immunity Statement and Rule of Sequestration Invoked procedural action Witness counsel John Lauro moves to memorialize Wendi Adelson's immunity status: she testifies under use and derivative use immunity pursuant to subpoena and would otherwise invoke the Fifth Amendment. Judge Everett accepts the statement for the record. Wendi Adelson - Direct admission Wendi Adelson confirmed her brother Charlie Adelson once said he had looked into hiring a hitman and it was cheaper to buy her a television, which she described as a joke made in poor taste. Wendi Adelson - Direct “That was the — a joke. That was the joke that he made in poor taste. Yes. Not to kill someone else.” — Wendi Adelson Explains her brother Charlie Adelson's remark about hiring a hitman as a joke rather than a genuine statement. Wendi Adelson - Direct confrontation Wendi Adelson denied any involvement in the plot to kill her ex-husband and testified she knew nothing about who was responsible until the day of her testimony. Wendi Adelson - Direct “Absolutely not.” — Wendi Adelson Direct denial of any involvement in the plot to kill her ex-husband. Wendi Adelson - Cross (Part 1) confrontation Defense attorney Dan Rashbaum opened cross-examination by establishing he had never discussed Wendi Adelson's testimony with her, then had her confirm she is named as an unindicted co-conspirator and directly deny any involvement in or conspiracy to kill Dan Markel. Wendi Adelson - Cross (Part 1) “I clearly would not.” — Wendi Adelson Responding to the defense's challenge that a true co-conspirator would not blurt out a statement implicating a family member, undercutting the state's conspiracy theory.