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Dan Markel— Case Archive
Charlie Adelsontrial-daytrial-dayDan RashbaumCharlie AdelsondirectDay 6 - November 2, 2023Charlie Adelson denied involvement in Markel's killing and described payments and later calls as responses to claimed extortion; the court made several text-message and hearsay rulings.
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Day 6 - November 2, 2023

Charlie Adelson Testifies on Denials, Claimed Extortion, and Recorded Calls

Judge Stephen S. Everett
14Proceedings
2Pages
1Witnesses
2,914Lines
10Sidebars
Day 6 of 8
Appearing:
Dan Rashbaum Charlie Adelson

Charlie Adelson denied involvement in Markel's killing and described payments and later calls as responses to claimed extortion; the court made several text-message and hearsay rulings.

Full day summary

Charlie Adelson began and continued his defense testimony, denying that he caused Dan Markel's death, hired anyone to kill him, or sought a hitman. He described the proposed relocation offer, his relationship with Katherine Magbanua, and his account that payments to her followed an extortion demand after Markel was shot. He also testified about recordings and events after the "bump," saying he understood them as a renewed extortion and denied that terms such as "TV" were code. Outside the jury's presence, the court excluded the defense's composite text-message exhibit as a whole but permitted consideration of specific messages; it later admitted the July 18 texts between Adelson and Magbanua while excluding other proposed texts. The court also limited testimony concerning a recorded Harvey Adelson call after sustaining a hearsay objection.

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1. Charlie Adelson — Direct

Charlie Adelson began defense testimony, denying involvement in Dan Markel's death and describing family discussions, Katherine Magbanua, and his claimed response to an extortion demand after the shooting.

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Direct
Charlie Adelson - Direct (Part 1) Charlie Adelson Dan Rashbaum
632 lines

Charlie Adelson denied arranging Dan Markel's death and testified about family relocation disputes, cash, and his relationship with Katherine Magbanua.

2 sidebars inside this proceeding
  1. Text Message Foundation DisputeCounsel disputed whether proposed text-message evidence was self-serving hearsay or relevant to state of mind and impeachment.
  2. Text Messages and Alleged MotiveThe parties disputed whether text messages could be used for impeachment or to address the alleged motive rather than for their truth.
sidebar
Text Messages and State of Mind
33 lines

Counsel discussed whether a broad set of text messages could be used to show the defendant's ordinary activities and state of mind during the relevant period.

Procedural
Arguments Outside Jury — Composite Text Message Exhibit Excluded
26 lines

The court excluded a composite text-message exhibit but allowed the defense to seek admission of specific relevant, non-hearsay messages separately.

Direct
Charlie Adelson - Direct (Part 2) Charlie Adelson Dan Rashbaum
534 lines

Charlie Adelson testified that payments to Katherine Magbanua were made under a claimed extortion threat after Dan Markel was shot.

1 sidebar inside this proceeding
  1. Text Messages and Later AdmissionCounsel discussed questioning about selected text messages and potentially offering them into evidence later.
sidebar
Break Before Wire Examination Charlie Adelson Dan Rashbaum
11 lines

Counsel advised that examination of the first three recorded wires would likely take 20 to 30 minutes.

Procedural
Partial Admission of Composite Text Exhibit; Direct Examination Scheduling (Resumed)
9 lines

The court discussed the anticipated scope and duration of continuing direct examination before the lunch recess.

sidebar
Spectator Gesturing Concern
8 lines

Defense counsel reported that people seated behind the prosecution table were allegedly shaking their heads or gesturing.

Procedural
Partial Admission of Composite Text Exhibit; Direct Examination Scheduling
41 lines

The court partially admitted defense text messages, excluded the remainder, and warned the gallery against reacting during testimony.

Highlights

Charlie Adelson - Direct (Part 1)testimony highlightCharlie Adelson began his defense testimony by denying that he caused Dan Markel's death, hired anyone to kill him, or used diaper-bag letters to arrange a killing.Charlie Adelson - Direct (Part 1)“I -- as I sit here today, I know that the offer was never made.”— Charlie AdelsonAdelson distinguished his present understanding from his earlier belief that the relocation offer had been made and rejected.Charlie Adelson - Direct (Part 2)testimony highlightCharlie Adelson gave his account of Katherine Magbanua arriving after Dan Markel was shot and telling him that her friend killed Dan and wanted payment.Partial Admission of Composite Text Exhibit; Direct Examination SchedulingrulingOver the State's objection, the court admitted the July 18 texts between the defendant and Ms. Magbanua but excluded the remaining texts for relevance and hearsay.

2. Charlie Adelson - Direct (Continued)

Charlie Adelson continued direct examination about recordings after the "bump," his claimed belief that the family faced a second extortion, and his denial of involvement in Dan Markel's murder.

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Direct
Charlie Adelson - Direct (Part 3) Charlie Adelson Dan Rashbaum
1054 lines

Charlie Adelson used recorded bump calls to explain his claimed extortion theory, deny code words, and describe conversations with Donna Adelson and Katherine Magbanua.

1 sidebar inside this proceeding
  1. Courtroom Audio IssueThe sidebar addressed audio working in headphones but not through the speaker.
Procedural
Arguments Outside the Presence of the Jury — Harvey–Charlie Phone Call Hearsay Ruling
123 lines

The court sustained a hearsay objection to a recorded family phone call and limited Charlie Adelson to testimony from his own recollection.

Direct
Charlie Adelson - Direct (Part 5) Charlie Adelson Dan Rashbaum
394 lines

Charlie Adelson said he viewed the threatening calls and letter as a claimed extortion, not evidence of involvement in Dan Markel's murder.

2 sidebars inside this proceeding
  1. Proceeding Without Playing MaterialCounsel said he could proceed without playing the material after the court asked about a teaching commitment.
  2. Playback of Call YCounsel confirmed that Call Y was already in evidence but had not yet been played for the jury.
Procedural
End-of-Day Scheduling Housekeeping
9 lines
sidebar
Monday Closing Argument Schedule
38 lines

The parties discussed limiting the next day’s proceedings and postponing jury instructions and closing arguments until Monday.

Procedural
End-of-Day Scheduling Housekeeping (Resumed)
2 lines

Highlights

Charlie Adelson - Direct (Part 3)evidence eventThe defense published a series of recorded calls after the "bump." Adelson testified that he initially did not understand his mother's concerns and later interpreted them as a related extortion.
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