Name: Defendant Decision to Testify - Day 5 - Charlie Adelson
Uploaded: 2023-11-01
Description: Charlie Adelson confirmed on the record his election to testify, completing the formal colloquy with Judge Everett outside the jury's presence. Court adjourned early rather than begin his direct examination that evening; the jury was instructed to return at 8:30 a.m. the following morning.

Charlie Adelson confirmed on the record his election to testify, completing the formal colloquy with Judge Everett outside the jury's presence. Court adjourned early rather than begin his direct examination that evening; the jury was instructed to return at 8:30 a.m. the following morning.

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Procedural Defendant Decision to Testify — Colloquy

1 7:51:49

JUDGE EVERETT: The attorneys are going to approach.

2 7:51:54

JUDGE EVERETT: We'll escort you back to the jury room, and then we'll resume with the defense's case.

3 7:52:48

JUDGE EVERETT: Everyone but the defendant can be seated at this time.

4 7:53:27

JUDGE EVERETT: Mr. Adelson, please raise your right hand, sir.

5 7:53:30

JUDGE EVERETT: Do you swear or affirm the testimony you're about to give will be the truth?

6 7:53:35

CHARLIE ADELSON: Yes, Your Honor.

7 7:53:36

JUDGE EVERETT: You can lower your hand. Mr. Adelson, do you understand that you have the ability to testify on your own behalf?

8 7:53:43

CHARLIE ADELSON: Yes, Your Honor.

9 7:53:44

JUDGE EVERETT: Do you also understand that if you choose not to testify, your silence cannot be held against you?

10 7:53:51

CHARLIE ADELSON: Yes, Your Honor.

11 7:53:52

JUDGE EVERETT: Have you had an adequate opportunity to discuss with your counsel whether you wish to testify?

12 7:53:59

CHARLIE ADELSON: Yes, Your Honor. Your Honor.

13 7:54:00

JUDGE EVERETT: Have you also been able to discuss with your counsel how this decision would fit into your theory of defense and also the strategy that you wish to present before the jury?

14 7:54:11

CHARLIE ADELSON: Yes, Your Honor.

15 7:54:12

JUDGE EVERETT: Have you made a decision concerning whether you wish to testify?

16 7:54:16

CHARLIE ADELSON: Yes, Your Honor.

17 7:54:17

JUDGE EVERETT: What is that decision?

18 7:54:18

CHARLIE ADELSON: I will testify.

19 7:54:19

JUDGE EVERETT: Are you firm in this decision?

20 7:54:21

CHARLIE ADELSON: Yes.

21 7:54:21

JUDGE EVERETT: Do you need any additional time to discuss with your attorneys whether you wish to remain silent?

22 7:54:28

CHARLIE ADELSON: No, Your Honor.

23 7:54:28

JUDGE EVERETT: Do you understand in testifying you will be cross-examined by one of the prosecutors?

24 7:54:35

CHARLIE ADELSON: Yes, Your Honor.

25 7:54:36

JUDGE EVERETT: Do you also understand as well that your credibility will be placed before the jury as it relates to the testimony that will come out?

26 7:54:47

CHARLIE ADELSON: Yes, Your Honor.

27 7:54:47

JUDGE EVERETT: Do you have any questions concerning that particular issue that you wish to discuss with counsel or raise before the court?

28 7:54:54

CHARLIE ADELSON: No, Your Honor.

29 7:54:56

JUDGE EVERETT: Mr. Rashbaum, do you wish there to be any further inquiry concerning this matter?

30 7:55:00

MR. RASHBAUM: No, Your Honor.

31 7:55:01

JUDGE EVERETT: You may be seated.

32 7:55:04

MS. CAPPLEMAN: Your Honor, may I be heard?

33 7:55:06

MS. CAPPLEMAN: It's the State's request that we either go late tonight, plan to go late tonight, or begin this examination tomorrow so that the examination of the witness can be . . .

34 7:55:06

JUDGE EVERETT: Unfettered?

35 7:55:18

MS. CAPPLEMAN: Yes, sir.

36 7:55:18

JUDGE EVERETT: Mr. Rashbaum?

37 7:55:20

MR. RASHBAUM: May we approach, Your Honor?

38 7:55:22

JUDGE EVERETT: You may.

39 7:55:22

JUDGE EVERETT: Please bring in the jurors.

40 7:57:40

JUDGE EVERETT: Never mind. I will not advise the jurors that he's taking the stand, but we'll just let them know they're going home early for the evening.

41 7:58:06

JUDGE EVERETT: Everyone can be seated.

42 7:59:20

JUDGE EVERETT: Members of the jury, after consulting with the attorneys, we are actually going to end a little bit early this evening.

43 7:59:28

JUDGE EVERETT: So you'll get to go home in just a few minutes. Once again, I'm going to give you the same instruction.

44 7:59:34

JUDGE EVERETT: Don't discuss the case with each other or anyone else. Don't seek out any media coverage. Don't read anything or watch anything concerning this case. We will resume with the defense's case tomorrow morning. Please report at 8:30, and we will try to get started at the normal time of 8:45. Enjoy your early night off.

45 8:00:27

JUDGE EVERETT: Do the parties have anything additional to raise before we go into recess for the evening?

46 8:00:34

JUDGE EVERETT: All right, Mr. Rashbaum, if anything changes as far as the expected witness lineup, please email Ms. Cappleman and my assistant.

47 8:00:44

JUDGE EVERETT: This will probably go a long way towards getting to the finish line.

48 8:00:49

MR. RASHBAUM: I understand, Your Honor.

49 8:00:50

JUDGE EVERETT: All right, we're in recess. Have a good night, everyone.

Insights

Procedural Defendant Decision to Testify — Colloquy

Judge Everett conducts the required constitutional colloquy and Charlie Adelson, outside the presence of the jury, confirms he will testify in his own defense.

Case Significance

A defendant's election to testify in a murder-conspiracy trial is a major strategic decision that waives his Fifth Amendment privilege and places his credibility directly before the jury for cross-examination.

Defendants in serious felony cases rarely take the stand; Charlie Adelson's choice to testify is a consequential and uncommon defense tactic.
The prosecution immediately sought scheduling protection for an uninterrupted cross-examination, signaling they were prepared to challenge his credibility at length.
Judge Everett declined to inform the jury that the defendant would testify, preserving the reveal for the following morning's session.

Highlights

Procedural

Charlie Adelson formally affirms to the court that he will testify in his own defense, completing the required constitutional colloquy.

“I will testify.”

— Charlie AdelsonCharlie Adelson's on-the-record declaration that he will take the stand — a rare and consequential choice for a defendant charged with murder conspiracy — formally locks in the defense decision to put his credibility directly before the jury.Ruling

After a sidebar prompted by the State's request for an uninterrupted examination window, Judge Everett ends court early for the day, defers Adelson's testimony to the following morning, and opts not to inform the jury that the defendant will take the stand.

Deep Analysis

Procedural Action

Constitutional Testify Colloquy

Judge Everett administered the full defendant-elect-to-testify colloquy: advisement of the right to remain silent, confirmation that silence cannot be used against the defendant, verification that Adelson had consulted counsel about the decision and its strategic fit, a firmness check, and a cross-examination warning. Adelson answered affirmatively to each question. Defense counsel Rashbaum waived any additional inquiry.

Rulings Or Orders

Examination Deferred to Next Morning; Court Ends Early

Following a sidebar on the State's scheduling request, Judge Everett declined to extend the session late and instead adjourned early, deferring Adelson's direct examination to the following morning.

Jury Not Informed Defendant Will Testify

Judge Everett decided not to advise the jury that Adelson had elected to testify, choosing a neutral early-dismissal explanation and instructing them to return at 8:30 a.m.

Schedule Or Logistics

State Requests Uninterrupted Examination Window

Prosecutor Cappleman requested that Adelson's examination either extend late that evening or begin fresh the following morning so it could be 'unfettered' — uninterrupted by end-of-day breaks. The court accommodated by deferring to the morning session.

Substantive Impact

Defendant Enters the Witness Role

By electing to testify, Charlie Adelson waives his Fifth Amendment privilege for this proceeding and subjects himself to prosecution cross-examination. His credibility, prior statements, and conduct become live jury questions beginning the following morning.

Summary

With the jury excused, Judge Everett conducted the formal colloquy required when a defendant elects to testify. Charlie Adelson confirmed he understood his constitutional right to remain silent, that the jury could not draw an adverse inference from silence, that he had discussed the decision and its strategic implications with defense counsel Daniel Rashbaum, and that he was firm in his choice to testify. Rashbaum declined additional inquiry from the court. The prosecution then requested that Adelson's examination begin either late that session or at the start of the following morning so it could proceed without interruption. Following a sidebar, the judge declined to extend the session and instead ended court early, deferring the start of Adelson's testimony to the next day. The jury was dismissed with standard admonishments and directed to return at 8:30 a.m.

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