1.Wendi Adelson — Cross/Redirect
955 linesPROCEEDINGS
(Proceedings continued from Volume 1 as follows: )
BAILIFF: All rise. Court is now in session. The Honorable Judge Stephen Everett presiding.
JUDGE EVERETT: Good morning. Everyone can be seated.
How are the jurors doing with the potty situation?
BAILIFF: Significantly better than they have previous days.
JUDGE EVERETT: That's what we like to hear.
BAILIFF: I think they should be about ready.
JUDGE EVERETT: All right. Is Ms. Adelson present?
MS. CAPPLEMAN: Yeah. JI saw her in the hallway, Your Honor.
JUDGE EVERETT: All right. If someone can bring her in so she can take the witness box.
MR. RASHBAUM: Judge, would you like me at the podium now or...
JUDGE EVERETT: You can wait.
For everyone in the gallery, once again, if you were not present yesterday so you understand the instruction, once the testimony has begun, if you leave the courtroom, you will not be readmitted until the witness completes their testimony. Please also silence your phones.
(A pause in the proceeding.)
MS. CAPPLEMAN: Judge, may we approach before we get started?
JUDGE EVERETT: Yes.
(Bench conference held as follows:)
MS. CAPPLEMAN: Ms. Adelson's attorney has advised me this morning that, because I had her put her phone number on the record yesterday, she's been getting blown up on her cell phone, which was not my intent. And I don't know what good it will do, but at their request, I said I would ask you to seal the number from the record whenever it's transcribed and made public, so I'll move to do that at this time orally if you'll accept it.
JUDGE EVERETT: That's fine.
Does the defense have any position concerning this?
MR. RASHBAUM: No.
JUDGE EVERETT: Very brief. Very succinct. Perfect answer.
All right. Ore tenus motion to seal will be granted concerning the telephone number of Ms. Adelson.
MS. CAPPLEMAN: Thank you.
(Bench conference concluded.)
MS. CAPPLEMAN: You want her on the stand, Judge?
JUDGE EVERETT: Yes.
You won't have to be sworn again. You remain under oath.
WENDI ADELSON: Okay.
JUDGE EVERETT: Let's bring in the jurors.
I better take this cough drop while I have a chance. Ms. Dugan is concerned about my voice.
MS. CAPPLEMAN: Judge, can we run a 30-second test before we bring the jury in?
JUDGE EVERETT: Yes. Go ahead.
BAILIFF: All rise. Jury entering the courtroom.
JUDGE EVERETT: Hold on. One minute. One minute.
MS. CAPPLEMAN: There was some information provided that we were blocking the jurors at the lectern, but we're not. It's fine.
MR. RASHBAUM: We're good?
MS. CAPPLEMAN: Yes.
MR. RASHBAUM: Especially when I'm standing.
MS. CAPPLEMAN: Especially when they --
JUDGE EVERETT: All right. Hit her on the radio.
Now it's real, yes.
BAILIFF: All rise. Jury entering the courtroom.
(Jury enters.)
JUDGE EVERETT: Everyone can be seated.
Good morning, members of the jury. We are going to resume with the cross-examination of Ms. Adelson at this time.
Mr. Rashbaum, you may examine when you're ready.
MR. RASHBAUM: Thank you, Your Honor.
WHEREUPON, WENDI ADELSON was called as a witness, having previously been sworn to speak the truth, whole truth, and nothing but the truth, was examined and testified as follows: CONTINUED CROSS EXAMINATION BY MR. RASHBAUM:
MR. RASHBAUM: Good morning.
WENDI ADELSON: Good morning.
MR. RASHBAUM: So I want to go back to your staying in Tallahassee after -- after the relocation motion was denied, okay?
WENDI ADELSON: (Witness nods head.)
MR. RASHBAUM: You understood that you couldn't leave Tallahassee after it was denied, right?
WENDI ADELSON: That's right.
MR. RASHBAUM: And so you decided to build a life here with your boys, right?
WENDI ADELSON: I mean, I had been building a life here for seven years before that, but to continue with my life, yes.
MR. RASHBAUM: You had a large circle of friends?
WENDI ADELSON: I did, yeah.
MR. RASHBAUM: You were in a book club?
WENDI ADELSON: I was.
MR. RASHBAUM: In fact, on July 1, 2014, just 17 days before the murder the State thinks you participated in, do you recall that you were excited that a friend of yours was moving to Tallahassee?
WENDI ADELSON: I do.
MR. RASHBAUM: Do you remember that friend's name? I can refresh your memory if you need it?
WENDI ADELSON: well, I think Renee Griggs was planning on moving to Tallahassee.
MR. RASHBAUM: May I approach, Your Honor?
JUDGE EVERETT: You may.
BY MR. RASHBAUM:
MR. RASHBAUM: I'm showing you, for identification purposes only, Defense Exhibit 3.
Is that your e-mail?
WENDI ADELSON: Yes, that's my e-mail.
MR. RASHBAUM: And is that your e-mail with Ms. Griggs?
WENDI ADELSON: Yes, it is.
MR. RASHBAUM: Judge, I'd offer into evidence right now Defense Exhibit 3.
JUDGE EVERETT: Any objection from the State?
MS. CAPPLEMAN: Hearsay, Your Honor.
JUDGE EVERETT: What is the exception that you're offering this under?
MR. RASHBAUM: State of mind.
JUDGE EVERETT: Please provide it to the Court.
MR. RASHBAUM: (Tenders document.)
JUDGE EVERETT: The objection is sustained, however, the witness may testify to her memory concerning this issue.
BY MR. RASHBAUM:
MR. RASHBAUM: You learned on July 1 that your friend, |Ms. Griggs, was moving to Tallahassee, right?
WENDI ADELSON: well, I learned she was interviewing for a job in Tallahassee.
MR. RASHBAUM: And you thought that was a dream come true, right?
WENDI ADELSON: I was really excited about it.
MR. RASHBAUM: why was it a dream come true?
WENDI ADELSON: To be able to be with her all the time would be fantastic.
MR. RASHBAUM: You were dating men that lived in Tallahassee, right?
WENDI ADELSON: I was.
MR. RASHBAUM: One of those men was Jeff Lacasse?
WENDI ADELSON: That's right.
MR. RASHBAUM: we'll talk about him a little more later, but you dated him the end of 2013 through June/July 2014?
WENDI ADELSON: That's right.
MR. RASHBAUM: And after you broke up with him, do you recall joining a date -- couple date sites --
WENDI ADELSON: I did.
MR. RASHBAUM: -- websites? Dating websites?
WENDI ADELSON: Yes.
MR. RASHBAUM: Do you recall setting up dates for the week or so after July 18?
WENDI ADELSON: I did.
MR. RASHBAUM: Do you recall having e-mails with individuals setting up those dates?
WENDI ADELSON: I do.
MR. RASHBAUM: Do you recall setting up those dates on July 16, 2014 for two weeks later?
WENDI ADELSON: That sounds right.
MR. RASHBAUM: Do you recall setting up dates on July 17 for around two weeks later?
WENDI ADELSON: That sounds right.
MR. RASHBAUM: Now, yesterday MS. Cappleman talked about a house you did not buy in 2013. You recall that testimony?
WENDI ADELSON: I do.
MR. RASHBAUM: Let's now talk about 2014. In the spring and summer of 2014, you were working with a local realtor to buy a house in Tallahassee, right?
WENDI ADELSON: I was.
MR. RASHBAUM: I'm showing you what's marked as Defense Exhibits 6 and 7.
MR. RASHBAUM: May I approach, Your Honor?
JUDGE EVERETT: You may.
BY MR. RASHBAUM:
MR. RASHBAUM: Do you recall, in April of 2014, looking at a property on Beard Street?
WENDI ADELSON: I do.
MR. RASHBAUM: Do you recall, in June of 2014, looking at 40 open houses that are available in Tallahassee?
WENDI ADELSON: I do.
MR. RASHBAUM: Judge, I would move these exhibits into evidence as well.
JUDGE EVERETT: Response?
MS. CAPPLEMAN: Hearsay, Your Honor.
JUDGE EVERETT: Let me look at the exhibits.
MR. RASHBAUM: (CTenders document. )
JUDGE EVERETT: What is the exception you're offering them under once again?
MR. RASHBAUM: State of mind, rehabilitation.
JUDGE EVERETT: Exhibit 6 will be admitted. Exhibit 7, I believe -- is this all of Exhibit 7 or is this 7 and 8?
MR. RASHBAUM: It's all of Exhibit 7.
JUDGE EVERETT: 6 is admitted. 7 is not. The objection is sustained as to 7.
(Defendant's Exhibit No. 6 received in evidence.)
MR. RASHBAUM: May I publish, Your Honor?
JUDGE EVERETT: You may.
(A pause in the proceeding.)
BY MR. RASHBAUM:
MR. RASHBAUM: Was J. Depart, Frog Realty your broker?
WENDI ADELSON: He was a different realtor I was using. I used a couple different people, but I heard he was good so I had reached out to him about this particular property.
MR. RASHBAUM: Okay. And that was in April -- April 25, 2014?
WENDI ADELSON: That's right.
MR. RASHBAUM: And that's about, I think, four weeks before the first attempted murder in June, correct?
WENDI ADELSON: I don't know about the first attempted murder.
MR. RASHBAUM: And if you weren't able to buy, you were going to rent, right?
WENDI ADELSON: I would have continued renting.
MR. RASHBAUM: Do you recall speaking to a Leslie Andrews on July 7 about a rental?
WENDI ADELSON: I don't remember Leslie Andrews, but at some -- I mean, I had a main real estate person I worked with, so she would have been maybe someone who had a property I was interested in, but I -- I don't remember.
MR. RASHBAUM: Do you remember something called the Tallahassee Center?
WENDI ADELSON: I don't.
MR. RASHBAUM: Judge, may I approach with Defense Exhibit 8 for identification purposes only?
JUDGE EVERETT: You may.
BY MR. RASHBAUM:
MR. RASHBAUM: And see if this refreshes your recollection that you were looking to rent a one-bedroom lease, and this is from July -- this e-mail is from July 7, 2014.
WENDI ADELSON: You said I was looking to rent a one-bedroom, and she offers me a one-bedroom but I say I need something bigger, right, so that doesn't work.
MR. RASHBAUM: Okay. Nonetheless, you were looking to rent. You were in the rental market just 11 days before the murder occurred, right?
WENDI ADELSON: That's right.
MR. RASHBAUM: In July of 2014 you planned for the boys to attend school in Tallahassee in the fall, right?
WENDI ADELSON: We were trying to figure out which school our older son would go to, and our younger son probably would have kept going to the same preschool.
MR. RASHBAUM: In fact, you and Professor Markel were arguing about that, right?
WENDI ADELSON: we hadn't come to a decision yet but...
MR. RASHBAUM: You wanted the boys to go to -- I think they call it SAS?
WENDI ADELSON: we had put our older son in the lottery and he got pulled for it, and so we were exploring it as an option.
MR. RASHBAUM: And that was the lottery for the school year 2014 and 2015?
WENDI ADELSON: Right.
MR. RASHBAUM: So you didn't expect him to go to school in Miami?
MR. RASHBAUM: May I have one moment, Your Honor?
JUDGE EVERETT: Go ahead.
CA pause in the proceeding.)
BY MR. RASHBAUM:
MR. RASHBAUM: Now, in early 2013 you were appointed a clinical professor by the FSU faculty?
WENDI ADELSON: That's right.
MR. RASHBAUM: And you were continuing to handle immigration and disability cases around Tallahassee?
WENDI ADELSON: That's right.
MR. RASHBAUM: And you had plans to teach at the law school in the fall of 2014?
WENDI ADELSON: Yes.
MR. RASHBAUM: Fall 2014, meaning after the murder -- after when your ex-husband was murdered, correct?
WENDI ADELSON: Correct.
MR. RASHBAUM: You were talking to research assistants about working with you, right?
WENDI ADELSON: Yes.
MR. RASHBAUM: Do you recall speaking to a research assistant about working for you possibly in the fall of 2014?
WENDI ADELSON: Sure. That sounds right.
MR. RASHBAUM: Do you recall a Z. Nolan?
WENDI ADELSON: Uh-huh, I do.
MR. RASHBAUM: And you offered them a job in the summer and they couldn't take it, and you said, well, come back to me in the fall. Do you recall that?
WENDI ADELSON: I do.
MR. RASHBAUM: And in the spring of 2014 -- well, let me back up.
You authored a book, correct?
WENDI ADELSON: I did.
MR. RASHBAUM: In the spring of 2014 your book was selected by FSU for what was called the One Book/One Campus event, right?
WENDI ADELSON: That's right.
MR. RASHBAUM: That means that your book was going to be required reading for all incoming freshman at FSU?
WENDI ADELSON: That's right.
MR. RASHBAUM: And that means -- we're talking about the incoming freshman after the summer of 2014, right?
WENDI ADELSON: I was supposed to speak at convocation in August.
MR. RASHBAUM: Let's talk about that in a second. But before we get there, that was a big honor for you, right?
WENDI ADELSON: It was the highlight of my career.
MR. RASHBAUM: And you were very excited about it?
WENDI ADELSON: I was super excited.
MR. RASHBAUM: You were going to be the keynote speaker at the FSU convocation on August 24, 2014, correct?
WENDI ADELSON: That's right.
MR. RASHBAUM: You told your friends and family about it?
WENDI ADELSON: I did. I probably told everyone.
MR. RASHBAUM: You told your parents about it, for sure?
WENDI ADELSON: I did.
MR. RASHBAUM: And you told Charlie about it?
WENDI ADELSON: I'm sure I did. Yeah.
MR. RASHBAUM: Okay. I want to show you Defense Exhibit 12 and 13.
Take a look at these and let me know if you recognize them. Let me know if it’s your e-mail.
WENDI ADELSON: This is my e-mail.
MR. RASHBAUM: Do you recognize these items?
WENDI ADELSON: I do.
MR. RASHBAUM: Judge, I move Defense Exhibit 12 and 13 into evidence.
JUDGE EVERETT: Any objection?
MS. CAPPLEMAN: May I see these items, please?
MR. RASHBAUM: Sure. You have them. 12 -- I think that's 12. And this is 13.
MS. CAPPLEMAN: Hearsay and relevance, Your Honor.
MR. RASHBAUM: May I approach, Your Honor?
JUDGE EVERETT: Please approach.
MR. RASHBAUM: State of mind, rehabilitation.
JUDGE EVERETT: Sustained on the grounds of relevance.
MR. RASHBAUM: Judge, may we go sidebar, please?
JUDGE EVERETT: You may.
(Bench conference held as follows:)
JUDGE EVERETT: Go ahead.
MR. RASHBAUM: Judge, the State's whole theory of this case is that my client did this so that his sister could relocate. These are e-mails that show that my client was planning on attending an event in Tallahassee in August 2014, that she was excited about that event, and none of these alleged co-conspirators had any idea that she was going to be relocating, that they were excited to be here for this event. It goes to the heart of showing how their case doesn't make any sense.
MS. CAPPLEMAN: May I see the exhibit again?
JUDGE EVERETT: And she has testified as to such. I'll agree it shows her state of mind at the time, but ultimately, the relevance of this being -- now that she has confirmed this through her testimony, why is this relevant still?
MR. RASHBAUM: Because it shows that her mother, her father, and her brother were going to come to Tallahassee in August of 2014 to watch her.
MS. CAPPLEMAN: Couldn't they do that after he was killed?
MR. RASHBAUM: You can ask her.
JUDGE EVERETT: As to that -- as to that point, you certainly can question her as to her memory on the documents and convocation and speaking about the book, but she's given her direct testimony. This becomes cumulative rather than she can't recall it or she doesn't know state of mind at the time.
MR. RASHBAUM: Okay. I'll just ask the question then.
JUDGE EVERETT: Go ahead.
(Bench conference concluded.)
JUDGE EVERETT: You may continue with your examination.
BY MR. RASHBAUM:
MR. RASHBAUM: Do you recall that your parents and Charlie were quite excited to come watch you in Tallahassee at this event --
WENDI ADELSON: They were.
MR. RASHBAUM: -- in August?
WENDI ADELSON: Yes.
MR. RASHBAUM: Do you recall your brother saying he couldn't wait to book a ticket, that it was fucking awesome?
WENDI ADELSON: Yeah. He was very excited.
MR. RASHBAUM: Do you recall discussing with Professor Markel who would have custody of the boys during various trips in August and September of 2014?
WENDI ADELSON: Yes.
MR. RASHBAUM: Do you recall having those discussions in July of 2014?
WENDI ADELSON: That would make sense, yeah.
MR. RASHBAUM: Do you recall scheduling a whole host of meetings after July 18, 2014?
WENDI ADELSON: Yes.
MR. RASHBAUM: Let me be more precise. Before July 18, 2014, do you recall scheduling a bunch of meetings that were to occur after July 18, 2014 in Tallahassee?
WENDI ADELSON: Yes.
MR. RASHBAUM: Do you recall making plans with a friend moving to Tallahassee for July 25, 2014?
WENDI ADELSON: I don't.
MR. RASHBAUM: Let me see if I can refresh your memory.
Do you know an individual named Tahirih Lee?
WENDI ADELSON: I do.
MR. RASHBAUM: May I approach, Your Honor --
JUDGE EVERETT: You may.
MR. RASHBAUM: -- with Defense Exhibit 15?
BY MR. RASHBAUM:
MR. RASHBAUM: I would direct you to the e-mail on June 17, 2014, which I think is the fourth e-mail on the first page, and see if that refreshes your memory. Feel free to look at the whole document.
WENDI ADELSON: I see it, but you were asking if they were moving to Tallahassee on the 25th or if I --
MR. RASHBAUM: No --
JUDGE EVERETT: Read it to yourself, Ms. Adelson. Don't read it aloud, please.
WENDI ADELSON: Okay. Sorry.
BY MR. RASHBAUM:
MR. RASHBAUM: I'll repeat the question.
WENDI ADELSON: Okay.
MR. RASHBAUM: Do you recall making plans with her where you said you would make plans with her after August 25, 2014 because your family was coming to town?
WENDI ADELSON: Yes.
MR. RASHBAUM: And that happened -- that correspondence was in late June of 2014?
WENDI ADELSON: Yes.
MR. RASHBAUM: Do you -- do you recall in June -- you can put that aside now.
WENDI ADELSON: Okay.
MR. RASHBAUM: Do you recall in June of 2014, late June of 2014, expressing interest in joining the board of a Tallahassee-based child advocacy non-profit called American Children's Campaign?
WENDI ADELSON: I do.
MR. RASHBAUM: That was in Tallahassee, right?
WENDI ADELSON: Uh-huh.
MR. RASHBAUM: Do you recall scheduling a meeting for July 23, 2014 with a Professor Van Durme with the FSU College of Medicine?
WENDI ADELSON: So I -- I don't. But I ran a medical-legal partnership, so I -- I would have been setting up meetings with the medical school, with the law school, with the social work school. So that would have been normal, but I -- I don't remember it specifically.
MR. RASHBAUM: May I approach, Your Honor?
JUDGE EVERETT: You may.
BY MR. RASHBAUM:
MR. RASHBAUM: Does this refresh your recollection that you were scheduling a meeting with Professor Van Durme for July 23, 2014?
WENDI ADELSON: Yes.
MR. RASHBAUM: Do you recall -- you can put that aside.
WENDI ADELSON: Okay.
MR. RASHBAUM: Do you recall scheduling a meeting with your divorce lawyer to meet any time of the week of July 21, 2014?
WENDI ADELSON: Again, I don't remember specifically, but it sounds like it would have been -- made sense for the time.
MR. RASHBAUM: Do you know an individual named Cindy Jeanne?
WENDI ADELSON: I do.
MR. RASHBAUM: Do you remember e-mailing her and asking her if the kids were available to go swimming at the pool on July 19 to 20?
WENDI ADELSON: I don't remember, but it sounds like something I would have asked.
MR. RASHBAUM: May I approach, Your Honor, with Defense Exhibit 20 for identification purposes only?
JUDGE EVERETT: You may.
BY MR. RASHBAUM:
MR. RASHBAUM: Does this refresh your memory about trying to set up that play date for July 20 or July 19 with Ms. Jeanne?
WENDI ADELSON: Yes.
MR. RASHBAUM: You can put that aside.
Do you recall that your mom planned to visit Tallahassee in November of 2014?
WENDI ADELSON: I don't remember that.
MR. RASHBAUM: I'm showing --
MR. RASHBAUM: May I approach, Your Honor, with Defense Exhibit 21 for identification purposes only?
JUDGE EVERETT: You may.
BY MR. RASHBAUM:
MR. RASHBAUM: Please take a look at this.
WENDI ADELSON: Yes.
MR. RASHBAUM: Does this refresh your memory that your parents planned on being in Tallahassee on November 17?
WENDI ADELSON: Yes.
MR. RASHBAUM: Does that refresh your memory?
WENDI ADELSON: Uh-huh.
MR. RASHBAUM: You can put that aside.
Do you recall asking your parents to come to Tallahassee on August 1, 2014 for a birthday party with Ben -- for Ben?
WENDI ADELSON: I don't remember doing that, but that sounds -- it's close in time to his birthday.
MR. RASHBAUM: May I approach, Your Honor, with Defense Exhibit 22?
JUDGE EVERETT: You may.
BY MR. RASHBAUM:
MR. RASHBAUM: Does this refresh your recollection that you were going to have a birthday party for Ben in Tallahassee in early August of 2014?
WENDI ADELSON: That's right.
MR. RASHBAUM: You can put that aside.
And that your parents were going to come up for that?
WENDI ADELSON: Uh-huh.
MR. RASHBAUM: Do you recall making flight reservations to travel to Newark and then back to Tallahassee, so you were going to leave from Tallahassee and come -- go to Newark, come back to Tallahassee, for a wedding in October 2014?
WENDI ADELSON: I do.
MR. RASHBAUM: And you made those reservations in July of 2014. Do you recall that?
WENDI ADELSON: I don't recall when I made the reservation, but I remember the wedding.
MR. RASHBAUM: May I approach, Your Honor, with Defense Exhibit 23?
JUDGE EVERETT: You may.
BY MR. RASHBAUM:
MR. RASHBAUM: Does this refresh your recollection that the reservation was made sometime around July 14, 2014?
WENDI ADELSON: Yes.
MR. RASHBAUM: That you were booking tickets for a wedding in New Jersey on October 24, 2014?
WENDI ADELSON: Yes.
MR. RASHBAUM: And the cost of those tickets were over $400, right?
WENDI ADELSON: That's right.
MR. RASHBAUM: You can put that aside.
Those tickets weren't to go back to Miami, were they?
WENDI ADELSON: No. It was Tallahassee to Newark, Newark to Tallahassee.
MR. RASHBAUM: why did you -- why did you make those tickets to go back to Tallahassee?
WENDI ADELSON: That is where I lived.
MR. RASHBAUM: We're going to move on to another subject.
Ms. Cappleman talked a little bit yesterday about the litigation that occurred after the relocation litigation with Professor Markel. Do you recall that?
WENDI ADELSON: I do.
MR. RASHBAUM: And there were these pieces of litigation back and forth about money and about filing false affidavits. You remember those?
WENDI ADELSON: Yes.
MR. RASHBAUM: It was what was called the motion against your mom that Professor Markel filed. You recall that, right?
WENDI ADELSON: I do.
MR. RASHBAUM: with regards to the motion that Professor Markel filed claiming that you and your attorney filed a false affidavit, did you get the sense that you were going to prevail on that litigation?
WENDI ADELSON: Yes.
MR. RASHBAUM: Was the judge getting frustrated with Professor Markel in that litigation?
WENDI ADELSON: Very.
MR. RASHBAUM: Did the judge admonish Professor Markel regarding that litigation?
WENDI ADELSON: The judge said he needed to stop.
MR. RASHBAUM: Were you concerned about getting disbarred?
MR. RASHBAUM: I want to talk a little bit about Jeff Lacasse. You first met Mr. Lacasse in the fall of 2013?
WENDI ADELSON: Yes.
MR. RASHBAUM: It was casual at first?
WENDI ADELSON: It was.
MR. RASHBAUM: You were dating other people as well?
WENDI ADELSON: I was.
MR. RASHBAUM: It got more serious around March of 2014?
WENDI ADELSON: That's right.
MR. RASHBAUM: He was in -- fair to say he was in love with you?
WENDI ADELSON: I don't really remember. TI don't think I could say, but it was more serious.
MR. RASHBAUM: Okay. You weren't so sure about him; is that fair to say?
WENDI ADELSON: I think my feelings developed over time.
MR. RASHBAUM: And then they un-developed?
WENDI ADELSON: And then they un-developed.
MR. RASHBAUM: You were very different people from very different backgrounds, right?
WENDI ADELSON: Yeah.
MR. RASHBAUM: He didn't spend much time with your parents, right?
WENDI ADELSON: I think maybe he met him them once.
MR. RASHBAUM: He wanted to meet them more than once, right? He didn't like that he didn't get to see them more times?
WENDI ADELSON: I think he wanted to be more integrated into my life.
MR. RASHBAUM: Jeff Lacasse met Charlie Adelson one time in March of 2014, right?
WENDI ADELSON: That's right.
MR. RASHBAUM: He accompanied you on a trip with law students, right?
WENDI ADELSON: I used to run an alternative spring break and he came with me.
MR. RASHBAUM: And you decided to visit -- come down to South Florida for a day or two, right?
WENDI ADELSON: That's right.
MR. RASHBAUM: And you had dinner at a place called Yardbird, right?
WENDI ADELSON: That's right.
MR. RASHBAUM: Are you aware that that happened on March 11, 2014?
WENDI ADELSON: No, I don't remember the date. Just that it was during the spring break.
MR. RASHBAUM: Fair enough. You remember sitting outside on the patio?
WENDI ADELSON: I do.
MR. RASHBAUM: And it was you and Mr. Lacasse, and Charlie and a woman named Katherine Magbanua. Do you recall that?
WENDI ADELSON: That's right.
MR. RASHBAUM: who was Charlie's girlfriend at the time?
WENDI ADELSON: Yes.
MR. RASHBAUM: Are you aware that Sigfredo Garcia was watching you at that dinner?
MR. RASHBAUM: Are you aware that he was contemplating running your brother over with his car at that dinner?
MR. RASHBAUM: After dinner, you and Jeff Lacasse stayed at Charlie's house, right?
WENDI ADELSON: we did.
MR. RASHBAUM: Ms. Magbanua wasn't there, right?
WENDI ADELSON: I don't remember her being there.
MR. RASHBAUM: It was just the three of you?
WENDI ADELSON: I think so.
MR. RASHBAUM: And you left the next morning?
WENDI ADELSON: we did.
MR. RASHBAUM: Now, you and Mr. Lacasse started having issues around May of 2014; is that fair to say?
WENDI ADELSON: That sounds about right.
MR. RASHBAUM: You started to become nervous around him?
WENDI ADELSON: I don't really remember if I was nervous around him, but I started thinking it wasn't the right relationship.
MR. RASHBAUM: He started accusing you of being unfaithful, right?
WENDI ADELSON: He did.
MR. RASHBAUM: He accused you of having an affair with someone that you had previously dated?
WENDI ADELSON: He did.
MR. RASHBAUM: Excuse me.
You told him that you didn't. You denied it?
WENDI ADELSON: That's right.
MR. RASHBAUM: And he didn't believe you?
WENDI ADELSON: He did not.
MR. RASHBAUM: And before, this individual that you used to date, you had coffee with him at a place called All Saints in Tallahassee, right?
WENDI ADELSON: I did.
MR. RASHBAUM: And Mr. Lacasse saw you having coffee with this individual, right?
WENDI ADELSON: He did.
MR. RASHBAUM: And that caused a confrontation; is that fair to say?
WENDI ADELSON: He flew into a rage.
MR. RASHBAUM: Subsequently, he went through your phone and planner, right?
WENDI ADELSON: He did.
MR. RASHBAUM: And this is around May/June of 2014?
WENDI ADELSON: That's -- that sounds right.
MR. RASHBAUM: And you and Mr. Lacasse went to Gainesville for a weekend for his work at some point around this timeframe?
WENDI ADELSON: Yes.
MR. RASHBAUM: And that Saturday night, June 28, he basically exploded at you?
WENDI ADELSON: He did.
MR. RASHBAUM: He yelled at you for hours?
WENDI ADELSON: He did.
MR. RASHBAUM: He accused you of having affairs with multiple people?
WENDI ADELSON: He did.
MR. RASHBAUM: You were very upset, to say the least?
WENDI ADELSON: I was devastated, yeah.
MR. RASHBAUM: Now, you were scheduled to leave for South Florida, I believe it was on June 30 or June 29, to celebrate your dad's 70th birthday, right?
WENDI ADELSON: That sounds right.
MR. RASHBAUM: And Mr. Lacasse wasn't invited?
MR. RASHBAUM: You went down to South Florida on June 30, and you and the boys stayed with your parents, right?
WENDI ADELSON: we did.
MR. RASHBAUM: You had the boys with you the whole time?
WENDI ADELSON: Yes.
MR. RASHBAUM: Dan Markel didn't have the boys at that point in time. The boys were with you?
WENDI ADELSON: Yes.
MR. RASHBAUM: And Charlie knew that, right?
WENDI ADELSON: Yes. He was with us.
MR. RASHBAUM: Your mom planned a big party for the birthday?
WENDI ADELSON: She did.
MR. RASHBAUM: I think when Ms. Cappleman asked you if the birthday fell on a Saturday, you weren't sure?
WENDI ADELSON: I remembered it being on his actual birthday, which I thought was a Saturday, but I -- I don't remember the calendar from 2014.
MR. RASHBAUM: May I approach, Your Honor, with Defendant's Exhibit 25?
JUDGE EVERETT: You may.
BY MR. RASHBAUM:
MR. RASHBAUM: Ms. Adelson, does this refresh your recollection that July 5, 2014 was on a Saturday?
WENDI ADELSON: Yes.
MR. RASHBAUM: And that the party was at 7:30 p.m. --
WENDI ADELSON: Yes.
MR. RASHBAUM: -- or thereabouts?
WENDI ADELSON: Uh-huh.
MR. RASHBAUM: Now, when you got back to Tallahassee, you saw Mr. Lacasse on July 13?
WENDI ADELSON: That sounds right.
MR. RASHBAUM: And when you saw him, it was not a good meeting; is that fair to say? It was uncomfortable?
WENDI ADELSON: Yeah.
MR. RASHBAUM: You saw him the next day at a yoga studio?
WENDI ADELSON: I went to yoga and he wanted to come.
MR. RASHBAUM: And it was awkward?
WENDI ADELSON: It was.
MR. RASHBAUM: And kind of tense?
WENDI ADELSON: It was.
MR. RASHBAUM: And he asked to see you again later that week?
WENDI ADELSON: He did.
MR. RASHBAUM: And you didn't want to?
WENDI ADELSON: I did not.
MR. RASHBAUM: And when you got home that night, you sent him an e-mail asking him not to contact you for at least seven days, that you wanted to think things over; is that fair to say?
WENDI ADELSON: Yes.
MR. RASHBAUM: You never saw him again, right?
MR. RASHBAUM: Are you now aware that there was a first attempt on your ex-husband's life on June 4 and June 5 -- June 4/5 of 2014?
WENDI ADELSON: Yes.
MR. RASHBAUM: when you lived with Professor Markel on Trescott, was your address publicly listed?
WENDI ADELSON: I believe so.
MR. RASHBAUM: May I have one moment, Your Honor?
JUDGE EVERETT: Go ahead.
CA pause in the proceeding.)
MR. RASHBAUM: Judge, at this point in time, we'd ask a stipulation be read into evidence.
JUDGE EVERETT: Which stipulation?
MR. RASHBAUM: The stipulation regarding the drop-off/pick-up schedule for the Markel children.
JUDGE EVERETT: Very well.
MR. RASHBAUM: Do you need a copy, Your Honor?
JUDGE EVERETT: I have it right here. I'm just bringing up instruction 2.3.
Members of the jury, when the parties agree that certain facts are true, that is called a stipulation of fact. You must accept stipulated facts as having been proven. However, the significance of these facts, as with all facts, is for you to decide.
In this case, the stipulated facts that you must accept are true are the Markel children were enrolled at Creative Preschool located in Tallahassee. During the week of July 14, 2024, their drop-off/pick-up schedule was as follows: Monday, July 14, 2024, dropped off at 8:55 a.m. by Dan Markel, picked up at 5 p.m. by Dan Markel; Tuesday, July 15, 2014, dropped off at 8:25 a.m. by Dan Markel, picked up at 4:50 p.m. by Dan Markel; wednesday, July 16, 2014, dropped off at 9 a.m. by Dan Markel, picked up at 4:30 p.m. by wendi Adelson; Thursday, July 17, 2014, dropped off at 8:30 a.m. by wendi Adelson, picked up at 4:45 p.m. by Dan Markel; Friday, July 18, 2014, dropped off at 8:50 a.m. by Dan Markel.
MR. RASHBAUM: Thank you, Your Honor.
BY MR. RASHBAUM:
MR. RASHBAUM: So I want to first focus your attention on the July 17, 2014 schedule. On July 17, 2014, as Your Honor just recited, you dropped -- do you recall dropping the kids off at school at 8:30 in the morning?
WENDI ADELSON: Yes.
MR. RASHBAUM: And Professor Markel picked them up at 4:45 p.m. on that day, thereabout -- or thereabouts?
WENDI ADELSON: which I just heard, but I wouldn't have known what time.
MR. RASHBAUM: You didn't pick them up?
WENDI ADELSON: No. It wasn't my day.
MR. RASHBAUM: So it would be impossible -- the person would be wrong if they said that they saw you and the kids by Professor Markel's house in the afternoon or morning of July 17, 2014, correct?
WENDI ADELSON: It would be some other woman and some other kids.
MR. RASHBAUM: You spoke to your mom probably close to daily, right --
WENDI ADELSON: Yeah.
MR. RASHBAUM: -- during this time period?
She would know when you had the kids and didn't have the kids, right?
WENDI ADELSON: Probably.
MR. RASHBAUM: Now I want to go back to something briefly that we talked about yesterday before we stopped. You knew that Professor Markel posted his travel plans on Facebook and on his PrawfsBlawg, right?
WENDI ADELSON: Yes.
MR. RASHBAUM: He would talk about places and conferences that he was speaking at, right?
WENDI ADELSON: He would.
MR. RASHBAUM: Are you aware that on the weekend of the 20th, he was speaking -- he was supposed to speak at a conference in New Jersey, and he posted it on PrawfsBlawg, as well as on Facebook?
WENDI ADELSON: Yes.
MR. RASHBAUM: Let's talk a little bit about Best Buy.
MR. RASHBAUM: May I approach, Your Honor?
JUDGE EVERETT: You may.
BY MR. RASHBAUM:
MR. RASHBAUM: I'm showing you what's marked for identification purposes only as Defense Exhibit 29 and 30.
Looking at Defense Exhibit 29, does that refresh your recollection that the warranty was under your father's name --
WENDI ADELSON: Yes.
MR. RASHBAUM: -- the Tv?
WENDI ADELSON: Uh-huh.
MR. RASHBAUM: The warranty with the Geek Squad?
WENDI ADELSON: Yes.
MR. RASHBAUM: Now, looking at -- before you look at Exhibit 20, do you recall that your mother scheduled the appointment for the Tv to be fixed with this Geek Squad?
WENDI ADELSON: I remember that I scheduled it, but it looks like she scheduled it and gave me the number to call in case I needed to reschedule it.
MR. RASHBAUM: And, in fact, she e-mailed you on July 11 and told you if you can't keep the appointment on the 18th, call this number to reschedule it, right?
WENDI ADELSON: Yes.
MR. RASHBAUM: You can put that aside.
I want to talk a little bit more about July 18. |Do you recall leaving your house that day on Aqua Ridge Way around 12:30 in the afternoon?
WENDI ADELSON: I do.
MR. RASHBAUM: And you were going to meet a friend for lunch at a place called Mozaik?
WENDI ADELSON: Yes.
MR. RASHBAUM: But you had to pick up a body -- bottle of -- I don't know if it's bourbon or whiskey; I don't even know if they're the same thing -- but Bulleit whiskey?
WENDI ADELSON: It was bourbon.
MR. RASHBAUM: Okay. It was for your friend's wedding shower that night?
WENDI ADELSON: They were having a stock-the-bar party, so they -- they asked for specific kinds of alcohol to stock the bar.
MR. RASHBAUM: And I'm showing you what's marked as Defense Exhibit 32.
Is this the invitation that you received?
WENDI ADELSON: Yes. That's it.
MR. RASHBAUM: Judge, I would move Defense Exhibit 32 into evidence at this point in time.
JUDGE EVERETT: Any objection?
MS. CAPPLEMAN: Hearsay, Your Honor.
JUDGE EVERETT: Exception?
MR. RASHBAUM: State of mind.
JUDGE EVERETT: If you can provide me with the exhibit.
MR. RASHBAUM: (Tenders document.)
JUDGE EVERETT: All right. The objection is sustained. She may testify as to her memory.
BY MR. RASHBAUM:
MR. RASHBAUM: Do you recall on the right-hand -- left-hand corner of the invitation, it says, Help the bride and groom stock the bar for their wedding and bring a bottle of Bulleit Bourbon? Do you -- do you recall that?
WENDI ADELSON: Yes.
MR. RASHBAUM: You can put that aside.
Now, you decided to go to ABC Liquors on Betton Road to look for the bourbon, right?
WENDI ADELSON: I did.
MR. RASHBAUM: You're not a big drinker; is that fair to say?
WENDI ADELSON: That is fair to say.
MR. RASHBAUM: You went to that store because you were familiar with it?
WENDI ADELSON: I had seen it close to my house so...
MR. RASHBAUM: Close to your old house?
WENDI ADELSON: Close to my old house.
MR. RASHBAUM: There could have been liquor stores that were closer to your current house?
WENDI ADELSON: Sure.
MR. RASHBAUM: Now, when you drove to ABC Liquor, you tried to go through Trescott --
WENDI ADELSON: I did.
MR. RASHBAUM: -- is that fair to say?
WENDI ADELSON: It was blocked.
MR. RASHBAUM: There are other ways to go to ABC Liquor, right? You could have gone down other roads?
WENDI ADELSON: I don't have the best sense of direction, so when I find a route, I just kind of keep using that route. I don't look for something else.
MR. RASHBAUM: You got to Mozaik at around 1 p.m.?
WENDI ADELSON: That sounds right.
MR. RASHBAUM: And your lunch was interrupted by Investigator Isom who told you that something had happened?
WENDI ADELSON: That's right.
MR. RASHBAUM: You went with him voluntarily --
WENDI ADELSON: I did.
MR. RASHBAUM: -- to speak with him?
You let police search your car?
WENDI ADELSON: Yes.
MR. RASHBAUM: You were interviewed with the investigator from approximately 2:45 p.m. until 7:50 p.m.?
WENDI ADELSON: Yes.
MR. RASHBAUM: He told you that your ex-husband had been shot and was unlikely to survive, right?
WENDI ADELSON: Yes.
MR. RASHBAUM: You were in shock?
WENDI ADELSON: Yes.
MR. RASHBAUM: You were pretty open with police telling them a lot of things, right?
WENDI ADELSON: They kept telling me they needed my help, and so I kept trying to help.
MR. RASHBAUM: Now, you remember on direct Ms. Cappleman asked you about this interview?
WENDI ADELSON: Yes.
MR. RASHBAUM: And she asked you about all the people you mentioned during the interview, including Charlie?
WENDI ADELSON: Yes.
MR. RASHBAUM: And you said, I was just reeling off names, right?
WENDI ADELSON: Yes.
MR. RASHBAUM: In fact, isn't the first person in the interview that you mentioned was yourself?
WENDI ADELSON: Yes.
MR. RASHBAUM: You said that you would understand if you were viewed as the prime suspect, right?
WENDI ADELSON: Yes.
MR. RASHBAUM: Before you mentioned anyone else, you mentioned yourself?
WENDI ADELSON: Yes.
MR. RASHBAUM: You told them about the motion to relocate?
WENDI ADELSON: I did.
MR. RASHBAUM: You told them about the fight you had with Professor Markel that very morning about some swimming for the boys?
WENDI ADELSON: Yes.
MR. RASHBAUM: You were spitting out a lot of ideas?
WENDI ADELSON: I was.
MR. RASHBAUM: And you agreed to let the police search your phone?
WENDI ADELSON: Yes.
MR. RASHBAUM: You agreed to let the police search your car?
WENDI ADELSON: Yes.
MR. RASHBAUM: That's where they found that picture that I wasn't able to admit of the invitation of the Bulleit Bourbon, right?
WENDI ADELSON: Yeah.
MR. RASHBAUM: You agreed to be fingerprinted?
WENDI ADELSON: Yes.
MR. RASHBAUM: You agreed to be checked for gun -- gunshot residue?
WENDI ADELSON: Yes.
MR. RASHBAUM: You gave them your computer to be searched?
WENDI ADELSON: I did.
MR. RASHBAUM: Towards the end of your interview, you asked if you could -- you asked the police officer if you could call your -- your parents, right?
WENDI ADELSON: I did.
MR. RASHBAUM: And the police allowed you to do that?
WENDI ADELSON: Yes.
MR. RASHBAUM: And you called your mother's cell phone sometime around 7:04 p.m.?
WENDI ADELSON: Yes.
MR. RASHBAUM: And you spoke to your mom. I don't know if you remember, but do you remember your dad being in the shower because they were going out to dinner?
WENDI ADELSON: I don't remember.
MR. RASHBAUM: Your mom didn't answer, actually, the first call, and you called back a couple minutes later and she answered; do you recall that?
WENDI ADELSON: I don't.
MR. RASHBAUM: And when you called your mom, she was surprised?
WENDI ADELSON: Yes.
MR. RASHBAUM: And you asked her to call Charlie and tell him what happened, right?
WENDI ADELSON: Yes.
MR. RASHBAUM: You didn't speak with Charlie that day, right?
WENDI ADELSON: I don't think so.
MR. RASHBAUM: On July 19, the next day, you spoke to Charlie at 10:50 in the morning. Is that -- you won't know the exact time, but do you recall speaking with him in the morning?
WENDI ADELSON: I honestly don't.
MR. RASHBAUM: Do you recall letting him know that Professor Markel had passed away in the early morning?
WENDI ADELSON: I don't remember the conversation.
MR. RASHBAUM: when your parents -- your parents came directly to Tallahassee, correct?
WENDI ADELSON: They did.
MR. RASHBAUM: They stopped in Orlando and they got there on the morning of the 19th, right?
WENDI ADELSON: Yes.
MR. RASHBAUM: And when they got there, they were scared and frantic, right?
WENDI ADELSON: Yes.
MR. RASHBAUM: Your dad didn't sleep. He -- he -- he couldn't get police protection so he planted his chair in the front of your window to make sure that no one was going to come to your house and shoot it up, right?
WENDI ADELSON: Correct.
MR. RASHBAUM: Now, you all attended a memorial service on the 20th, right?
WENDI ADELSON: Yes.
MR. RASHBAUM: And you arranged for the Markels to see the boys after the memorial service, right?
WENDI ADELSON: They all came over to my house.
MR. RASHBAUM: And you left Tallahassee, correct?
WENDI ADELSON: Not on the 20th, no.
MR. RASHBAUM: On the 21st?
WENDI ADELSON: Yes.
MR. RASHBAUM: And when you left Tallahassee on the 21st, did you bring all of your belongings?
WENDI ADELSON: I brought some swim suits for the boys and some pajamas, and I thought we'd be back in a day or two.
MR. RASHBAUM: And when you left, you were not yourself?
WENDI ADELSON: I was a mess.
MR. RASHBAUM: You got to South Florida and you realized that you could not take care of the boys alone at this point in time?
WENDI ADELSON: I was -- I hadn't slept in days and I was terrified.
MR. RASHBAUM: To get a little more specific, you wouldn't leave the house?
MR. RASHBAUM: And you would hardly eat?
WENDI ADELSON: I wasn't eating, no.
MR. RASHBAUM: And, ultimately, you decided not to come back to Tallahassee?
WENDI ADELSON: I mean, I made that decision much later but...
MR. RASHBAUM: And you had a friend who you grew up with -- I think a last name, Keener -- go back and get more stuff at your house, right?
WENDI ADELSON: He did.
MR. RASHBAUM: May I have one more moment, Your Honor?
JUDGE EVERETT: Go ahead.
(A pause in the proceeding.)
BY MR. RASHBAUM:
MR. RASHBAUM: Now, it's been said in this courtroom that you have tried to erase Professor Markel's memory from your boys" life. Is that true?
WENDI ADELSON: It's not true.
MR. RASHBAUM: For the first two years after the murder, did you limit Professor Markel's family from seeing the boys?
WENDI ADELSON: Absolutely not.
MR. RASHBAUM: In fact, they had complete access to the boys, right?
WENDI ADELSON: A hundred percent.
MR. RASHBAUM: They made dinners with the boys?
WENDI ADELSON: I cooked dinner for them, yes, every time they visited.
MR. RASHBAUM: There were sleepovers and play dates?
WENDI ADELSON: That's right.
MR. RASHBAUM: There was no animosity at all, right?
MR. RASHBAUM: And then in October of 2016 things changed, right?
WENDI ADELSON: Yes.
MR. RASHBAUM: A letter was released where there was a suggestion that Professor Markel's mom was talking to the State about arranging custody for the boys in case you got arrested?
WENDI ADELSON: Yes.
MR. RASHBAUM: And you saw that as a betrayal?
WENDI ADELSON: well, the custody was foster care, so yes.
MR. RASHBAUM: You saw that as her thinking that you killed her son?
WENDI ADELSON: Yes.
MR. RASHBAUM: And as a result of that, rightly or wrongly, you decided to limit their access?
WENDI ADELSON: I was afraid they were going to put my children in foster care.
MR. RASHBAUM: Do your children know anything about their father?
WENDI ADELSON: They know a lot about their dad.
MR. RASHBAUM: Do they have a picture of him in their bedroom?
WENDI ADELSON: Each boy has a picture of them and their dad over their bed that we say good morning to and good night to every day.
MR. RASHBAUM: Did you benefit from Professor Markel's death?
MR. RASHBAUM: well, you got to live in South Florida?
WENDI ADELSON: That's not a benefit.
MR. RASHBAUM: How are your boys doing?
WENDI ADELSON: They're doing very well. Thank you.
MR. RASHBAUM: How has your job prospects been since this case hit the news?
MS. CAPPLEMAN: Objection; relevance.
JUDGE EVERETT: Sustained.
BY MR. RASHBAUM:
MR. RASHBAUM: How are you doing?
MS. CAPPLEMAN: Objection; relevance.
JUDGE EVERETT: Sustained.
BY MR. RASHBAUM:
MR. RASHBAUM: Has this affected your life negatively or positively?
WENDI ADELSON: Negatively.
MR. RASHBAUM: Does Charlie love his nephews?
WENDI ADELSON: Very much.
MR. RASHBAUM: May I have one moment, Your Honor?
JUDGE EVERETT: Take your time.
CA pause in the proceeding.)
MR. RASHBAUM: Thank you, Ms. Adelson. I have no further questions.
JUDGE EVERETT: Redirect examination?
MS. CAPPLEMAN: Yes, Your Honor.
REDIRECT EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: The long list of plans that you went over with Mr. Rashbaum that you were going to have in Tallahassee post murder date, none of those plans happened, right?
MS. CAPPLEMAN: Because you moved to South Florida, right?
WENDI ADELSON: Because I felt unsafe to stay here, yes.
MS. CAPPLEMAN: Did you feel safe in South Florida?
MS. CAPPLEMAN: Did you buy a house in Tallahassee after the murder?
WENDI ADELSON: No, I did not.
MS. CAPPLEMAN: Did you rent a house in Tallahassee after the murder?
WENDI ADELSON: No, I didn't live in Tallahassee after the murder.
MS. CAPPLEMAN: Did the boys go to school that fall here in Tallahassee?
WENDI ADELSON: No. All our plans were broken.
MS. CAPPLEMAN: what was the purpose of those questions? Of course you didn't. You moved to South Florida. You didn't have plans in Tallahassee that got executed. why were you asked about all those things?
WENDI ADELSON: I -- I don't know why I was asked questions by the defense counsel.
MS. CAPPLEMAN: The book event that you were asked about, did that event happen?
WENDI ADELSON: I didn't speak at the event, but the event still happened.
MS. CAPPLEMAN: Have you had several events related to that book that have happened?
WENDI ADELSON: I have.
MS. CAPPLEMAN: what events were those?
WENDI ADELSON: Do you mean just in Tallahassee, or do you mean in other places?
MS. CAPPLEMAN: Everywhere.
WENDI ADELSON: I've spoken as various schools about human trafficking and about my book. I think there was one event that still happened in Tallahassee about a year later.
MS. CAPPLEMAN: And was -- is that the only book you've written, or have you written more than one book?
WENDI ADELSON: I've only written one book.
MS. CAPPLEMAN: What was the book about?
WENDI ADELSON: The book was about human trafficking and about vulnerabilities that lead to trafficking, the problems when it occurs, and basically how to recover from it after.
MS. CAPPLEMAN: where was the book set?
WENDI ADELSON: It was set in a fictional town.
MS. CAPPLEMAN: what was the name of the fictional town?
WENDI ADELSON: Hiawassee Springs.
MS. CAPPLEMAN: So Hiawassee, is it located in the Panhandle of Florida?
WENDI ADELSON: No. I used to see the name when I was driving from Tallahassee to Orlando, so it's somewhere in between.
MS. CAPPLEMAN: Was the place modeled after Tallahassee?
WENDI ADELSON: It was definitely somewhere in Florida, but not supposed to be about Tallahassee, no.
MS. CAPPLEMAN: who was the central character in that book?
WENDI ADELSON: So there's three central characters. One was one of my clients, kind of a composite character, from Eastern Europe; one was kind of a composite character of many clients I've represented from Latin America; and one was a public interest lawyer.
MS. CAPPLEMAN: And was the public interest lawyer Lily?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And is that the character that was sort of based on yourself?
WENDI ADELSON: No. Really, more based off of a friend of mine.
MS. CAPPLEMAN: And was Hiawassee, Florida, quote, Just a small stop on the way back to what we had previously known as civilization? Is that a quote from your book?
WENDI ADELSON: That sounds like a quote from my book, yeah.
MS. CAPPLEMAN: And who's the husband of Lily, the public interest lawyer?
WENDI ADELSON: You want his name in the book?
MS. CAPPLEMAN: Yes.
WENDI ADELSON: I think it was Josh Stone.
MS. CAPPLEMAN: All right. And what was Josh's employment?
WENDI ADELSON: Josh was an English professor.
MS. CAPPLEMAN: I'm sorry, what was your answer?
WENDI ADELSON: Josh was an English professor.
MS. CAPPLEMAN: Professor. where did he teach?
WENDI ADELSON: It's been a while. I wrote the book over ten years ago. I don't remember what I named the university in the --
MS. CAPPLEMAN: North Florida State University?
WENDI ADELSON: That sounds right.
MS. CAPPLEMAN: NFSU?
WENDI ADELSON: NFSU sounds right, yeah.
MS. CAPPLEMAN: And in the book, does Lily lament, quote, we moved to this God-forsaken place for Josh's career?
WENDI ADELSON: Yes. That sounds like a line Lily would say.
MS. CAPPLEMAN: All right. When you looked at page 187 of the divorce document on cross -- and I'll hand that back to you. You can just turn back to 187.
Do you see the quote that you read previously from that page?
WENDI ADELSON: I don't.
MS. CAPPLEMAN: It had to do with -- let me see if I can find it -- that you were very unhappy in the marriage. I think it's the third paragraph there.
WENDI ADELSON: I see that line.
MS. CAPPLEMAN: Okay. The wife has been very unhappy in the marriage and files her petition for dissolution of marriage in August 2012. The husband continues to characterize this as abandonment.
And it goes on to say that he had been disparaging you to some of the folks at the -- at the law school. Do you remember reading that?
WENDI ADELSON: I do.
MS. CAPPLEMAN: was that intended to be the place in this binder where you allege emotional abuse by your husband?
WENDI ADELSON: I mean, I -- I think it's emotionally abusive to suggest somebody has mental health issues.
MS. CAPPLEMAN: Okay. What is the PrawfsBlawg? You were asked about that on cross.
WENDI ADELSON: Yeah. It was -- it was a blog that Danny started with some of his colleagues to kind of promote community in the law professor world.
MS. CAPPLEMAN: And who reads the PrawfsBlawg?
WENDI ADELSON: Probably other law professors and people interested in becoming law professors.
MS. CAPPLEMAN: who is on the crim prof listserv?
WENDI ADELSON: I don't know.
MS. CAPPLEMAN: Were you on the -- on the listserv for that PrawfsBlawg?
WENDI ADELSON: I may have been on the listserv at some point.
MS. CAPPLEMAN: Do you remember seeing the post that you were shown on cross?
WENDI ADELSON: I do.
MS. CAPPLEMAN: And the post says something about, Danny and I are planning to attend a conference that will begin Sunday, July 20.
Is there any other information on what you were shown about Dan's travel plans post murder other than that?
WENDI ADELSON: I'm sorry. Can you please repeat the question?
MS. CAPPLEMAN: The post says, Danny and I -- I guess it's another professor writing this thing. Danny and I are planning to attend a conference that will begin Sunday, July 20.
Is that the type of information that -- that he would typically have on something like the PrawfsBlawg or Facebook?
WENDI ADELSON: That sounds right.
MS. CAPPLEMAN: But as far as the date he's leaving, the flight he's on, that kind of stuff, would that typically be on the PrawfsBlawg?
WENDI ADELSON: I don't -- he wouldn't put what flight number he was on, but he would almost always communicate when he was going on a trip.
MS. CAPPLEMAN: Okay. So, Going to a conference that starts July 20 might be an example?
WENDI ADELSON: Flying to New York tomorrow would be an example but not -- not a flight number.
MS. CAPPLEMAN: But he didn't put, Flying to New York tomorrow in this -- on this occasion?
MS. CAPPLEMAN: You were referenced several times, not on direct examination by the State but by your brother's attorney on cross, aS a co-conspirator. Are you charged in this case?
MS. CAPPLEMAN: This isn't your trial, is it?
MS. CAPPLEMAN: Is your brother charged with conspiring with you to do a murder?
MS. CAPPLEMAN: Is he charged with conspiring with you to plana murder?
MS. CAPPLEMAN: Is he charged with soliciting you to do a murder?
MS. CAPPLEMAN: Who is he charged with doing those things with?
WENDI ADELSON: I don't think anyone.
MS. CAPPLEMAN: Have you had an opportunity to review his indictment in this case?
WENDI ADELSON: I have not.
MS. CAPPLEMAN: I'll give you an opportunity to take a look at that document to yourself.
who is your brother alleged to have done these crimes with?
WENDI ADELSON: Katherine D. Magbanua.
MS. CAPPLEMAN: were you on the wire in this case, Ms. Adelson?
MS. CAPPLEMAN: So when the bump happened -- are you familiar with the event I'm referencing as the bump?
WENDI ADELSON: I am now.
MS. CAPPLEMAN: When law enforcement approached your mother on the street and handed her a piece of paper?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: Okay. When that occurred, who did your mother call?
WENDI ADELSON: I don't know.
MS. CAPPLEMAN: Not you, right?
WENDI ADELSON: Not me.
MS. CAPPLEMAN: Okay. And once your brother found out about the bump, did he call you about it?
MS. CAPPLEMAN: who did he call?
WENDI ADELSON: I don't know.
MS. CAPPLEMAN: well, you listened to the calls to authenticate the voices, didn't you?
WENDI ADELSON: Just -- just to hear the voices, not to hear the content of the calls.
MS. CAPPLEMAN: Okay. And the voices were your brother's voice, right?
WENDI ADELSON: But I -- I listened to the calls just to hear who was on them so I don't know what content they're referencing.
MS. CAPPLEMAN: I heard your answer. My question to you now is, your brother's voice was on the calls?
WENDI ADELSON: He was on some of the calls I listened to.
MS. CAPPLEMAN: Your mother's voice was on the calls?
WENDI ADELSON: She was on some of the calls I listened to.
MS. CAPPLEMAN: Did you have any secret meetings with your brother post bump that happened in South Florida?
MS. CAPPLEMAN: You were asked about Jeffrey Lacasse and the way that your relationship ended. what is OkCupid?
WENDI ADELSON: Okcupid is a dating website.
MS. CAPPLEMAN: were you on that dating website?
WENDI ADELSON: I was.
MS. CAPPLEMAN: were you on that dating website at the time that you were dating Mr. Lacasse?
WENDI ADELSON: No, I wasn't.
MS. CAPPLEMAN: And were you speaking -- so I guess if you weren't on it, you weren't speaking to multiple men from the website during the time you were dating Mr. Lacasse? And I'll remind you that you've provided your phone in this case and it was Cellebrited, downloaded.
MR. RASHBAUM: Objection, Your Honor; argumentative.
JUDGE EVERETT: Approach.
(Bench conference held as follows:)
JUDGE EVERETT: All right. Concerning this line of questioning, Mr. Rashbaum, you did go down the doorway of who she was speaking with and whether there were allegations of infidelity. I wasn't exactly sure why you were going down this path, but it has been inquired into.
MR. RASHBAUM: I don't have a problem with the questions, with the line of questions. I havea problem with, before she answers a question, her saying, I'll remind you we have cellebrite data. That's argument. She didn't let her answer the question and then she started attacking her. That's why I objected.
JUDGE EVERETT: Ms. Cappleman?
MS. CAPPLEMAN: No response.
JUDGE EVERETT: Very well. As to that, the witness being reminded of the evidence that has been collected, you're saying that's improper argument --
MR. RASHBAUM: Yes.
JUDGE EVERETT: -- or it's improper impeachment?
MR. RASHBAUM: She hasn't even answered the question to impeach yet.
JUDGE EVERETT: Very well. Ms. Cappleman, please give her an opportunity to respond first.
MS. CAPPLEMAN: Yes, Sir.
(Bench conference concluded.)
JUDGE EVERETT: The objection as to argument, that is denied. As to improper impeachment, it is sustained. The jury is to disregard the last comment from the prosecutor.
Go ahead.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Didn't you just say that you weren't on OkCupid at the time that you were dating Jeffrey Lacasse?
WENDI ADELSON: I don't know when we say I officially stopped dating Jeff Lacasse, but there's a chance that -- I mean, I don't remember in 2014 whether I had gotten the app and started talking to people before we officially broke up.
MS. CAPPLEMAN: Okay. So my point is there's a chance that he was right, you were being unfaithful or at least talking to other people? He had a reason to be jealous?
WENDI ADELSON: I think he had some serious jealousy issues that may or may not have been founded.
MS. CAPPLEMAN: Yeah. I think we got from your testimony that you believe he had serious jealousy issues. My question to you is, did he have a reason to be?
MS. CAPPLEMAN: So he was wrong?
WENDI ADELSON: He was wrong in June when he accused me of being with multiple people that I wasn't with, yes.
MS. CAPPLEMAN: Okay. What was wrong with Dan's mother trying to make arrangements for the kids in the event of your arrest? Wasn't that a kind thing to do?
WENDI ADELSON: I don't think it's kind to put my children in foster care.
MS. CAPPLEMAN: Wasn't the foster care intended only to cover the timeframe that it would take for her to get on a plane and get here?
WENDI ADELSON: She never said that.
MS. CAPPLEMAN: You thought she was just going to leave them in foster care?
WENDI ADELSON: I didn't know what to think. They have a mother. They don't need to be in foster care.
MS. CAPPLEMAN: But they wouldn't have a mother in the event of your arrest, Ms. Adelson. wasn't that the intent of the e-mail?
WENDI ADELSON: I don't know what the intent of the e-mail was. There's no -- I was not going to be arrested for a crime I didn't commit.
MS. CAPPLEMAN: She didn't know that, though, did she?
WENDI ADELSON: I don't know what she knows or doesn't know. I can't speak to that.
MS. CAPPLEMAN: Does -- do Dan's parents know whether you committed this crime or not?
WENDI ADELSON: I don't know how to answer that question.
MS. CAPPLEMAN: How would they, particularly back at the time that she sent that e-mail? It was fresh at that time, right?
WENDI ADELSON: I'm sorry, what was fresh?
MS. CAPPLEMAN: All the events that were occurring, the arrests.
WENDI ADELSON: That was two years after Danny's murder. TI don't know what she knew or didn't know. I know that my children don't belong in foster care.
MS. CAPPLEMAN: Was it a specific foster care that she was requesting be called in the event that the children had no place to go and were going to be going into the custody of the State?
WENDI ADELSON: She did suggest a specific foster care agency.
MS. CAPPLEMAN: A Jewish run foster care agency?
WENDI ADELSON: A Jewish foster care.
MS. CAPPLEMAN: How many times have the kids visited Dan's parents since this murder?
WENDI ADELSON: Many. It would be hard to count.
MS. CAPPLEMAN: Countless times?
WENDI ADELSON: Countless times.
MS. CAPPLEMAN: How many times have they seen them in the last year?
WENDI ADELSON: we had a visit with Danny's dad and his -- the boys' cousin this summer. We had -- we've had a lot of Skype visits. They do live in Canada, so it makes it a little bit harder to have in-person visitation, but every time they've asked for it, we've arranged it.
MS. CAPPLEMAN: Every time they've asked for a visit, you've arranged it?
WENDI ADELSON: Yes, ma'am.
MS. CAPPLEMAN: How many times have they seen them in the last five years?
WENDI ADELSON: Again, we had --
MS. CAPPLEMAN: Countless?
WENDI ADELSON: In the last five years, that overlaps with the time when they tried to put them in foster care. So since we've established -- since we've re-established relations, we've seen them about twice a year, whenever they come down to Florida.
MS. CAPPLEMAN: So in the last five years, they've seen them how many times? Two or three times a year?
WENDI ADELSON: About that.
MS. CAPPLEMAN: Has this been a major issue between you and Dan Markel's parents, this issue of them having access to the kids?
WENDI ADELSON: The issue of them trying to put them in foster care is a major issue, yes.
MS. CAPPLEMAN: No, ma'am. That's not my question.
WENDI ADELSON: I'm sorry --
MS. CAPPLEMAN: Have -- hasn't the issue of them trying to get access to your kids been a major issue, at least for them?
WENDI ADELSON: Since they tried to put the children in foster care, yes. Before that, it was not a problem.
MS. CAPPLEMAN: Are you familiar with their work across the street at the legislature trying to get bills passed to give grandparents’ rights to see kids?
WENDI ADELSON: I'm familiar with their grandparents' legislation, but it's actually unconstitutional.
MS. CAPPLEMAN: Okay. Are you mad? Are you -- are you angry that, according to your brother's theory, he and your mom have known who killed your children's father since 2014 and you weren't told who it was?
WENDI ADELSON: I'm more angry that somebody killed my children's father.
MS. CAPPLEMAN: So you're not mad about that, that they knew this whole time? That's what they're saying.
WENDI ADELSON: I'm sorry, can you repeat the question?
MS. CAPPLEMAN: That's the theory of the defense in this case is that he's known the whole time, your brother's known what happened to Dan. Does that make you angry?
WENDI ADELSON: I'm angry about so many things. It's hard to --
MS. CAPPLEMAN: Is that one of them?
WENDI ADELSON: -- separate them.
MS. CAPPLEMAN: well, try.
WENDI ADELSON: I'm confused. It's hard to process.
MS. CAPPLEMAN: And apparently, according to his lawyer, these killers had threatened to kill your brother's family members as well. Did you hear that?
WENDI ADELSON: I did hear that.
MS. CAPPLEMAN: And that would be you, right?
WENDI ADELSON: It would.
MS. CAPPLEMAN: were you told that the specific threat had been made by the same people that had killed your ex-husband to kill your brother's family members?
WENDI ADELSON: I was not told.
MS. CAPPLEMAN: would that have been information you would have liked to know back in 2014?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: would you have made the same decision to move down to South Florida closer to the killers?
WENDI ADELSON: No, I would not.
MS. CAPPLEMAN: And even after the killers were arrested in 2016, you weren't told that that's what was going on the whole time?
WENDI ADELSON: I found out yesterday.
MS. CAPPLEMAN: No further questions.
JUDGE EVERETT: Members of the jury, you are being instructed to disregard the comment of the witness as to the constitutionality of any portion of the Florida Statutes.
You may step down.
will Ms. Adelson be recalled at any point? Looking at both of you. will she be recalled at any point?
MS. CAPPLEMAN: That's possible, Judge. I'd ask that she remain under the rule, but she's free to go about her business.
JUDGE EVERETT: Have a good day, ma'am.
Please call your next witness.
MS. CAPPLEMAN: May I have a moment to see who's out there, Judge?
JUDGE EVERETT: Go ahead.
Before we bring in the next witness, the jurors are going to need a restroom break. We'll take a ten-minute recess until 10:15.
When the jury comes in and out, everyone is to rise.
(Jury exits.)
JUDGE EVERETT: You may be seated.
MR. RASHBAUM: Judge, are we still on the record?
JUDGE EVERETT: If there's something that you need to address, go ahead, yes.
MR. RASHBAUM: Before, not the next witness, I believe, but the next two witnesses, we're just going to need to go sidebar at your leisure to discuss a couple issues. So just giving you a heads-up.
JUDGE EVERETT: Let's go ahead and approach now while they're doing their break.
(Bench conference held as follows:)
MR. RASHBAUM: So, Judge, I don't know the order of the witnesses, but I think Mr. Rivera is going to testify today --
JUDGE EVERETT: Yes.
MR. RASHBAUM: -- at some point. Given the -- our theory of defense, which you've heard in opening now, I'm going to need to ask him a couple questions about his affiliation with the Latin Kings. It goes to the heart of our defense. It goes to the heart of the threat on Mr. Adelson's life. It won't be -- it will not be many questions. I know that you always look at me when I say that with skepticism.
JUDGE EVERETT: We're going to need to proffer this, but yes, go ahead.
MR. RASHBAUM: But the questions will generally be: Were you a member of the Latin Kings? were you the head of the South Florida unit of the Latin Kings? Is that a violent gang? That's essentially it.
JUDGE EVERETT: And I assume you're asking this as it goes to the credibility of the extortion plot that you're alleging?
MR. RASHBAUM: Correct.
JUDGE EVERETT: Ms. Cappleman?
MS. CAPPLEMAN: I guess I'll maintain my objection to relevance. It just feels like --
JUDGE EVERETT: Back-dooring this information?
MS. CAPPLEMAN: -- needs to be some basis first about the -- some evidence of the plot before the legitimacy of the plot can become relevant.
JUDGE EVERETT: If this were a prosecution, I might agree. However, this is a part of the defense's case. Again, we're going to need to go through a proffer specifically with Mr. Rivera on this point. As it relates to any crimes that he's committed that are separate and apart from the defense that you're raising as a member of the Latin Kings, that's still off limits altogether.
But specifically as it relates to this, we're going to need to take the proffer. From there, whether or not this continues to remain a feature of the trial going into closing I think goes to what Ms. Cappleman is raising about, what else is going to firm this up?
MR. RASHBAUM: It will -- as an officer of the Court, it will be firmed up.
JUDGE EVERETT: Very well. Anything else?
MS. CAPPLEMAN: No, Sir.
MR. RASHBAUM: Yes. Yes. So with regards to Mr. Lacasse, who's also going to be testifying today, I just want to confirm that there's not going to be double hearsay testimony allowed in, per our motion in limine regarding Ms. Lacasse's testimony.
JUDGE EVERETT: Ms. Cappleman?
MS. CAPPLEMAN: I don't intend to introduce double hearsay unless I have an exception for both layers.
MR. RASHBAUM: So --
JUDGE EVERETT: I think this is settled.
MR. RASHBAUM: Okay. Just double checking.
JUDGE EVERETT: All right. As to the Court's last direction to the jury to disregard the opinion on the Florida Statutes, I think it's fairly clear the witness is not qualified to provide any opinion on constitutionality. I know it was not objected to, however, I don't think I could really let it lie.
MR. RASHBAUM: Fair enough.
(Bench conference concluded.)
(A recess in the proceeding.)
BAILIFF: All rise. Court is back in session.
JUDGE EVERETT: Everyone can be seated.
Are the jurors ready?
BAILIFF: If they are ready, are you ready, Your Honor?
JUDGE EVERETT: Bring them in once potty is over.
CA pause in the proceeding.)
BAILIFF: All rise. Jury entering the courtroom.
(jury enters.)