Skip to content
Dan Markel— Case Archive
Charlie Adelsontrial-daytrial-dayGeorgia CapplemanSarah Kathryn DuganDan RashbaumPatrick SanfordDavid SimsAnthony ClarkJoanne MalteseWendi AdelsonJames Geigersidebarjury_instructionsopening_statementdirectcross_waivedcrossredirectDay 1 - October 26, 2023Jurors heard opening statements, scene and medical testimony, investigative evidence about a Prius and payments, and testimony from Wendi Adelson.
Charlie AdelsonDay 2 →

Day 1 - October 26, 2023

Opening Statements, Crime-Scene Testimony, And Wendi Adelson's Testimony

Judge Stephen S. Everett
23Proceedings
8Pages
6Witnesses
3,067Lines
6Sidebars
Day 1 of 8
Appearing:
Georgia Cappleman Sarah Kathryn Dugan Dan Rashbaum Patrick Sanford David Sims Anthony Clark Joanne Maltese Wendi Adelson James Geiger

Jurors heard opening statements, scene and medical testimony, investigative evidence about a Prius and payments, and testimony from Wendi Adelson.

Full day summary

Jurors received preliminary instructions before the State and defense presented opposing opening accounts of the allegation against Charles Adelson. The State said it expected surveillance, phone, travel, financial, and recorded-call evidence to support its allegation that Adelson arranged Dan Markel's killing. The defense said the evidence would instead support an alleged extortion explanation for payments to Katherine Magbanua and that Adelson had no role in the murder. James Geiger and retired police sergeant David Sims described responding to the scene after a loud bang, a rapidly departing vehicle, and Markel injured inside a running vehicle with broken driver's-side glass. Forensic specialist Joanne Maltese described scene and hospital documentation. Dr. Anthony Clark identified gunshot wounds of the face and head as the cause of death and homicide as the manner of death. FBI Special Agent Patrick Sanford described the relocation litigation, videos and records investigators used to trace a light-green Prius, the rental contract identifying Luis Rivera, and payments to Magbanua. Wendi Adelson testified about the divorce and family discussions over relocation, acknowledged a hitman joke by Charlie Adelson, and denied involvement in or advance knowledge of the killing. On cross-examination, she also denied conspiring with any family member and said relocation was not a major focus for her.

Video thumbnail9:32:36
Watch →

1. Preliminary Jury Instructions — Trial Conduct, Communication Rules, and Defendant's Rights

The court set media rules and addressed stipulations before Judge Everett gave jurors their preliminary instructions on trial conduct, the burden of proof, and the defendant's rights.

→
Procedural
Pre-Session Housekeeping: Media Rules, Jury Instructions, and Stipulations (Resumed)
20 lines
sidebar
Media Privacy and Juror Contact
25 lines

Counsel raised concerns that media and bloggers could capture private notes and conversations and might discuss the case near jurors.

Procedural
Pre-Session Housekeeping: Media Rules, Jury Instructions, and Stipulations
26 lines

The court set media and juror-privacy rules, approved an optional right-to-remain-silent instruction, and addressed several stipulations.

Jury Instruction
Preliminary Jury Instructions — Trial Conduct, Communication Rules, and Defendant's Rights
5 lines

Jurors received preliminary instructions on the charges, burden of proof, evidence, outside communications, research, and the defendant's right to remain silent.

2. Opening Statements

Opening statements set out the State's allegation that Charlie Adelson arranged Dan Markel's killing and the defense's denial that Adelson had any role.

→
Opening
Opening Statement - Sarah Kathryn Dugan Sarah Kathryn Dugan
18 lines

Dugan previewed the State's alleged murder-for-hire conspiracy theory, including anticipated phone, financial, surveillance, and recorded-call evidence.

Opening
Opening Statement - Dan Rashbaum Dan Rashbaum
19 lines

Rashbaum previewed a defense theory that alleged payments reflected extortion, not a murder-for-hire arrangement.

sidebar
Recess Before First Witness
6 lines

The court discussed whether to pause before the first witness and the need for a break.

Procedural
Sidebar, Gallery Instructions, and Witness Scheduling Before First Witness
11 lines

3. James Geiger — Direct/Cross

James Geiger testified about hearing a loud bang, seeing a vehicle leave Markel's driveway, finding Markel injured, and calling 911.

→
Direct
James Geiger - Direct James Geiger Georgia Cappleman
189 lines

James Geiger described hearing a loud bang, seeing a vehicle leave Dan Markel's driveway, finding Markel injured in the garage, and calling 911.

Cross Waived
James Geiger - Cross (Waived) James Geiger Dan Rashbaum
8 lines

The defense waived cross-examination, and James Geiger was released.

4. David Sims — Direct/Cross

Retired Tallahassee Police Sergeant David Sims described the 2014 response at 2116 Trescott Drive, including the running locked vehicle, the unresponsive person inside, and the house check. The defense waived cross-examination.

→
Direct
David Sims - Direct David Sims Georgia Cappleman
88 lines

David Sims described his initial response to the shots-fired call, the vehicle and person he found, and steps taken to preserve the scene.

Cross Waived
David Sims - Cross (Waived) David Sims Dan Rashbaum
6 lines

The defense waived cross-examination, and David Sims was excused.

5. Joanne Maltese — Direct/Cross

Forensic specialist Joanne Maltese completed testimony about evidence collected at Daniel Markel's home and the hospital. Before lunch, the court overruled a defense objection to the State's planned medical-examiner photographs.

→
Direct
Joanne Maltese - Direct Joanne Maltese Georgia Cappleman
200 lines

Forensic specialist Joanne Maltese authenticated crime-scene, hospital, and vehicle photographs and physical evidence, including eyeglass pieces, glass, a wallet, and a receipt.

Cross
Joanne Maltese - Cross Joanne Maltese Dan Rashbaum
41 lines

Maltese explained the basis for a vehicle photograph and read an ABC receipt time of 12:49 and 13 seconds.

Procedural
Lunch Recess — Defense Objection to Medical Examiner Photos Overruled
16 lines

The court overruled a defense objection to proposed medical-examiner photographs, permitting the State to seek their admission with proper foundation.

6. Anthony Clark — Direct/Cross

Forensic pathologist Dr. Anthony Clark described Dan Markel’s autopsy and testified that gunshot wounds to the face and head caused his death; he classified the manner of death as homicide.

→
Direct
Anthony Clark - Direct Anthony Clark Georgia Cappleman
161 lines

Dr. Anthony Clark gave autopsy testimony on the two gunshot wounds, their likely sequence and range, and the cause and manner of Dan Markel's death.

7. Patrick Sanford — Direct/Cross/Redirect

FBI Special Agent Patrick Sanford described divorce, financial, and video evidence, then answered cross-examination about the scope of the investigation before being excused after redirect.

→
Direct
Patrick Sanford - Direct Patrick Sanford Georgia Cappleman
469 lines

FBI agent Patrick Sanford described divorce, surveillance, toll, rental, and employment records used in the investigation, including a rental contract identifying Luis Rivera and checks issued to Katherine Magbanua.

Cross
Patrick Sanford - Cross Patrick Sanford Dan Rashbaum
185 lines

Rashbaum tested Sanford's personal knowledge of emails and financial records while comparing recurring payments with payment practices in extortion and murder-for-hire cases.

Redirect
Patrick Sanford - Redirect Patrick Sanford Georgia Cappleman
37 lines

Sanford testified that the relocation objective was South Florida and that Tallahassee plans and an unresolved motion did not proceed after Dan Markel's murder.

8. Wendi Adelson — Direct/Cross

Wendi Adelson denied involvement in or advance knowledge of Dan Markel's killing while testifying about her divorce, relocation discussions, and family relationships. Defense counsel then questioned her about those discussions and Charlie Adelson's repeated hitman joke.

→
Procedural
Wendi Adelson Immunity Statement and Rule of Sequestration Invoked
28 lines

The court permitted an immunity statement for Ms. Adelson and invoked sequestration for prospective witnesses before testimony resumed.

Direct
Wendi Adelson - Direct Wendi Adelson Georgia Cappleman
1154 lines

Wendi Adelson testified about the divorce, family emails, Charlie Adelson's hitman joke, and her actions on the day Dan Markel was killed, while denying any role or advance knowledge.

2 sidebars inside this proceeding
  1. Improper Comment ObjectionThe defense raised an improper-comment objection, and the State agreed to strike the comment.
  2. Request for Email Exhibit CopyDefense requested a copy of the email exhibit pages being used during the witness examination.
sidebar
Examination Timing and Overnight Recess Wendi Adelson Dan Rashbaum
14 lines

Counsel discussed the expected length of the examination and how to avoid interrupting the witness's testimony in a way that could affect jury retention.

Cross
Wendi Adelson - Cross (Part 1) Wendi Adelson Dan Rashbaum
341 lines

Wendi Adelson denied involvement in the murder as the defense addressed relocation, family communications, Charlie's hitman joke, and Dan Markel's public travel posts; Defense Exhibit 1 was admitted.

1 sidebar inside this proceeding
  1. Document Admission and State of MindThe parties debated whether a document concerning legal options for moving children and furniture was relevant and admissible to show Wendi's state of mind.
Charlie AdelsonDay 2 →