1.Charlie Adelson — Direct
1,294 linesPROCEEDINGS
JUDGE EVERETT: Seeing that the gallery has grown by leaps and bounds, we probably should go over this before we get started this morning. If you have a cell phone or electronic device, please silence it or turn it off now.
Also, no one is to engage in any behavior that will distract the jury. Concerning the testimony, do not shake your head in agreement or disagreement or in other ways distract the jury from what their job is.
Mr. Rashbaum, does your client still intend to testify?
MR. RASHBAUM: Yes, Your Honor.
JUDGE EVERETT: Mr. Adelson, please rise.
(Oath administered)
JUDGE EVERETT: You may be seated.
Mr. Adelson, you understand -- I'm not going to go through the full colloquy on this once again, but you understand that you have the right to testify or the right to remain silent?
CHARLIE ADELSON: Yes, Your Honor.
JUDGE EVERETT: After consultation with your attorneys, is it still your decision to testify today?
CHARLIE ADELSON: Yes, Your Honor.
JUDGE EVERETT: Is there anything that you need to clarify concerning your legal rights or any other matter with counsel before the jurors are brought in?
CHARLIE ADELSON: No, Your Honor.
JUDGE EVERETT: Do you have any questions for the Court concerning your rights as it relates to testifying or not?
CHARLIE ADELSON: No, Your Honor.
JUDGE EVERETT: Very well.
Mr. Rashbaum, after your client testifies, will there be any other witnesses for the Defense today, obviously pending the other examination?
MR. RASHBAUM: TI don't think so.
JUDGE EVERETT: All right.
If the jurors are ready, bring them in.
(The jury entered the courtroom.)
JUDGE EVERETT: Good morning, members of the jury.
THE JURY Ccollectively): Good morning.
JUDGE EVERETT: Everyone may be seated.
My assistant has told me that you-all are making good progress on the snacks that we've provided to you.
THE JURY Ccollectively): Absolutely. We appreciate it. Thank you.
JUDGE EVERETT: It's been a long trial, so you are entitled.
Is the Defense ready to call its next witness?
MR. RASHBAUM: Yes, Your Honor. We call Charlie Adelson.
JUDGE EVERETT: Please raise your right hand.
(Oath administered)
JUDGE EVERETT: You may take your seat. Please speak loudly and clearly.
Whereupon, CHARLES ADELSON called as a witness, having been first duly sworn, was examined and testified as follows:
DIRECT EXAMINATION BY MR. RASHBAUM:
MR. RASHBAUM: Charlie, let's start with the most important question. Did you cause the death of Professor Dan Markel?
CHARLIE ADELSON: Absolutely no.
MR. RASHBAUM: Did you hire anyone to kill him?
MR. RASHBAUM: Did you put any letters in any diaper bags of Katie Magbanua to have Professor Markel killed?
MR. RASHBAUM: Now, before we get there, let's spend some time on your background. How old are you?
CHARLIE ADELSON: I'm 47 years old.
MR. RASHBAUM: Where were you raised?
CHARLIE ADELSON: I was raised in Coral Springs, Florida.
MR. RASHBAUM: when were you arrested in this case?
CHARLIE ADELSON: I was arrested April 21st, 2022.
MR. RASHBAUM: And by the way, are you -- how do you feel right now?
CHARLIE ADELSON: Really nervous.
MR. RASHBAUM: Why are you nervous?
CHARLIE ADELSON: My whole life depends on it.
MR. RASHBAUM: Where have you been living since you were arrested a year and a half ago?
CHARLIE ADELSON: Leon County Jail.
MR. RASHBAUM: Growing up, what was your family like?
CHARLIE ADELSON: It was pretty normal. I was the middle of three children. My dad was a dentist. My mom was a schoolteacher. Played a lot of sports. Pretty normal upbringing.
MR. RASHBAUM: Do you have a brother and a sister?
CHARLIE ADELSON: I have an older brother and a younger sister.
MR. RASHBAUM: How close were you with your siblings growing up?
CHARLIE ADELSON: My brother I wasn't real close with. My sister I wasn't really that close with either probably until I got into high school, and we -- we're probably closer in age -- had more in common. And then I got closer to her as the years went on.
MR. RASHBAUM: Your family growing up, would you describe it -- how would you describe it financially?
CHARLIE ADELSON: I'd say it was upper middle class, and then '92 my dad lost a lot of money and then wasn't upper middle class after that. And then my dad worked hard, and he worked until he was 78 and retired.
MR. RASHBAUM: Where did you go to high school?
CHARLIE ADELSON: I went to public school in Coral Springs. I attended Taravella High School.
MR. RASHBAUM: Was school easy for you?
CHARLIE ADELSON: Not really. I mean, I had to work really hard to get good grades, and I really didn't get good grades until I went to college.
MR. RASHBAUM: Where did you go to college?
CHARLIE ADELSON: I went to UCF in Orlando.
MR. RASHBAUM: And after graduating from college, what did you do next?
CHARLIE ADELSON: I went to dental school.
MR. RASHBAUM: Where did you go to dental school?
CHARLIE ADELSON: I went to dental school at Nova Southeastern in Fort Lauderdale.
MR. RASHBAUM: After dental school, what did you do?
CHARLIE ADELSON: I did a residency in periodontics, and I did that at Nova Southeastern also.
MR. RASHBAUM: Briefly what is periodontics?
CHARLIE ADELSON: Periodontics is the surgery of the gums and bone, and it's three more years after dental school.
MR. RASHBAUM: During your residency, did you work?
CHARLIE ADELSON: I did. I'd moonlight, and I'd work nights and weekends as a general dentist.
MR. RASHBAUM: When your residency ended, what was your financial situation?
CHARLIE ADELSON: I had about $200,000 in student loans.
MR. RASHBAUM: Now, after graduating from your residency, what did you decide you were gonna do?
CHARLIE ADELSON: I started basically moonlighting when I was in dental school. And then when I got out, I really didn't have money to start -- start a business, so I started working for just individual dentists where I'd come in and do the surgery for them in-house so they wouldn't have to send the work out and so the patients could still be seen by a specialist. So I traveled from office to office.
MR. RASHBAUM: When you started -- and I think -- when did you graduate your residency?
CHARLIE ADELSON: Graduated my residency in 2006.
MR. RASHBAUM: When you started, how many offices did you travel to?
CHARLIE ADELSON: When I first started, it was just the first office -- the first office that I was moonlighting in when I was in my residency. And then, through an assistant that worked there, she introduced me to a couple of offices, and then those offices introduced me to more people. And it just -- it grew from there. By the end of the first year, I was probably working in, I would say, six or eight offices.
MR. RASHBAUM: By the time frame of 2014 when Professor Markel was murdered, how many offices were you working in approximately?
CHARLIE ADELSON: Between 30 and 35 offices I would come in to...
MR. RASHBAUM: When you graduated, where did you live?
CHARLIE ADELSON: When I graduated -- when I graduated perio [sic], I lived in an apartment across the street from school, and then I bought my house I still lived in 16 years or 20 years later after that.
MR. RASHBAUM: And that house is where?
CHARLIE ADELSON: On Whale Harbor. I moved in there in 2006.
MR. RASHBAUM: Now, during this time frame of 2014, can you describe for the jury how far you would travel? In other words, how far were the offices apart from one another?
CHARLIE ADELSON: I never turned any work down, so I had an office as far south as Cutler Ridge, which is a little bit north of Homestead. It‘s a good hour and a half south of Fort Lauderdale. And then my furthest office I went to north was in East Port St. Lucie, which is a good hour, hour and 45 minutes north of Fort Lauderdale.
MR. RASHBAUM: Port St. Lucie is probably about halfway between Miami and Orlando -- is that fair to say? -- or closer to Orlando?
CHARLIE ADELSON: I'd say it's probably closer to Orlando, yeah.
MR. RASHBAUM: Now, your typical work week, what did it look like?
CHARLIE ADELSON: I would work in usually two offices a day. I would start around 8:00 or 9:00 o'clock. work in one office till about 1:00 o'clock. And then I would go to another office, and I would piggyback it. I'd try to be in another office that was in the same vicinity as the first office, and I'd usually start there around 1:30. I'd have it where it was only a 5- or 10-minute drive to the second office.
I would tell them I could stay as late as you need. And then when people had emergencies -- which when you work in 30 offices, there's always someone that has an issue -- I would come into their office. I would just say, Just have an assistant stay. And when I got done with that second office, if it was 8:00 o'clock, 8:30, I would still go in, and I'd work in a third office. So it was almost two offices on most days, and I would say 20 percent or 30 percent of the time there was a third office.
MR. RASHBAUM: How many days a week did you work? And, again, we're talking about the 2014 time frame.
CHARLIE ADELSON: I was working six days a week at -- yeah. Then I was still working six days a week.
MR. RASHBAUM: Now --
CHARLIE ADELSON: Sometimes I'd -- every once in a while, there would be a big case, and my whole week was booked up, and the patient needed something, and it was hours, and I didn't have time. So that office would open up on Sunday, and I would go in on Sunday and do the work.
MR. RASHBAUM: For the most part, in your job working in these offices, what form of payment were you paid mostly in? Was it cash or some other form of payment?
CHARLIE ADELSON: The offices would always pay me in office check.
MR. RASHBAUM: Now, were you ever paid in cash from these offices?
CHARLIE ADELSON: I wasn't paid from the offices that I worked for in cash. But if I was doing work on, like, one of the assistants in the office ora friend of the dentist and the dentist didn't want any money to come to him and I was doing it as a favor, I would say just go ahead and pay me in cash for the materials. And then the assist -- and the materials were expensive. Sometimes they were a hundred. Sometimes it was $1,000.
And then if I was -- but the dentist didn't want to take any of the money from that person, so he was, like, I'm removing myself from the situation. So the person would pay me the cash for -- just for the materials for the work that I did on them. And that was really just when I was doing favors. And it wasn't a -- it was sporadic. Sometimes more than others. Depends on the month.
MR. RASHBAUM: By the way, backtracking a little bit, growing up, what profession was your dad in?
CHARLIE ADELSON: My dad was a general dentist.
MR. RASHBAUM: And what was -- did your mom work growing up when you grew up?
CHARLIE ADELSON: She was -- she had three kids, and she still worked as a substitute teacher where she -- she would come in sporadically, but she wasn't working full-time after -- after she had the three of us.
MR. RASHBAUM: Did there come a time where she worked in your dad's dental practice?
CHARLIE ADELSON: Yeah. I would say probably after the kids went to college or maybe probably toward the end of high school or college my mom came in and was doing front desk work and helping my dad out.
MR. RASHBAUM: And what other roles did she have in the office?
CHARLIE ADELSON: She did the bookkeeping. She helped me with all my financial stuff as far as, like, paying insurances, making stuff -- anything that was due at a certain time, licenses. She'd pay salaries at the office and then also did front desk with Erika.
MR. RASHBAUM: All right. Let's talk about the Adelson Institute.
When you became this traveling periodontist, was one -- were one of the places that you traveled to your dad's dental practice?
CHARLIE ADELSON: Yes.
MR. RASHBAUM: How often did you work at the Adelson Institute?
CHARLIE ADELSON: I would work at my dad's office I would say every four to six weeks, and I would piggyback it. There was another office that I worked at every two weeks that was in the same plaza as my dad's. So I would finish there usually about 4:00 o'clock, and then I'd go into my office, and then I'd start working there, like, 4:15 and stay as late as I needed to. I mean, 10:00 or 11:00 o'clock.
MR. RASHBAUM: Do you remember what the full name of the practice was called?
CHARLIE ADELSON: well, originally or what we changed it to?
MR. RASHBAUM: Well, let's start with what you changed it to.
CHARLIE ADELSON: Okay. Well, when I graduated my residency in periodontics, I thought since I was joining my dad's practice and it was now gonna have a periodontist there, I thought we would rename the practice and give it a fancy name. So I -- we called it the -- we copyrighted The Adelson Institute for Implants and Aesthetic Dentistry.
MR. RASHBAUM: Okay. Now, growing up, did it have that name?
MR. RASHBAUM: It was just a plain old dental practice; right?
CHARLIE ADELSON: Yeah. It was just my dad and his three employees.
MR. RASHBAUM: How many people worked at the Adelson Institute?
CHARLIE ADELSON: There was Erika Johnson, Clariza. Erika was the front desk. Clariza was my dad's assistant since 1979 until he retired two years ago. And then Amy was the hygienist. And then my mom when she would -- when she would be there.
MR. RASHBAUM: And your mom controlled the checkbook?
CHARLIE ADELSON: Yeah. She handled that stuff.
MR. RASHBAUM: who did all the billing for the practice?
CHARLIE ADELSON: My mom and Erika did the billing.
MR. RASHBAUM: How many dentists were in the practice?
CHARLIE ADELSON: Just one dentist. Just my dad.
MR. RASHBAUM: Did there come a time when you bought the practice from your dad?
CHARLIE ADELSON: Yeah. My dad was gonna sell the practice, and I -- I thought it would be a good idea for me to buy it, and I thought maybe I'd run it and it would be something that I would -- that I would always have. But I didn't -- I didn't like the idea of it being sold, so I bought it from my dad when he wanted to slow down in 2012.
MR. RASHBAUM: During the time period of 2014, who owned the practice?
CHARLIE ADELSON: In '14 I was the owner of the practice.
MR. RASHBAUM: Okay. Now during the time frame of the wires in 2016, who owned the practice?
CHARLIE ADELSON: I had sold it back to my dad in 2015.
MR. RASHBAUM: why did you sell it back to your dad?
CHARLIE ADELSON: Because I didn't have any time to run it. And even though I bought it, nothing had changed. My dad was still the same dentist that was there. My mom was still the same person doing the books, and they were spending all their time running it. And I was so busy with my traveling periodontics I didn't have time to dedicate to it, and it really wasn't financially -- it wasn't feasible, and it wasn't -- there wasn't a benefit.
MR. RASHBAUM: I want to talk about cash a little bit. Do you like to collect cash?
CHARLIE ADELSON: I always have. Yes.
MR. RASHBAUM: why?
CHARLIE ADELSON: I just -- I like -- it probably goes back to when I was a kid. I mean, I'd get a dollar-a-week allowance, and I would save it up. And I just like the feeling of looking at it. I'd rather look at it than put it in the bank. So whenever I had cash, I saved it up.
MR. RASHBAUM: Now, were there several ways that you accumulated cash?
CHARLIE ADELSON: Yes, it was.
MR. RASHBAUM: Did you have a real estate business -- some real estate in 2014?
CHARLIE ADELSON: In ‘14, yes.
MR. RASHBAUM: And would you accumulate cash through this business?
CHARLIE ADELSON: There was some cash that came in through that, yeah.
MR. RASHBAUM: Did you rent out dock space behind your house?
CHARLIE ADELSON: Yeah. I've rented out my dock space behind my house since 2006, and it's been rented ever since, same person --
MR. RASHBAUM: And how would you be paid for that dock Space?
CHARLIE ADELSON: The guy would come down once a year, and he would pay me in cash for the year.
MR. RASHBAUM: Were there other ways that you would accumulate cash over the years?
CHARLIE ADELSON: From -- from whenever I did work on someone as a favor and they were just paying me for the materials, I got paid in cash on that. And probably the biggest source of cash through the years is every time I went out, every chance I could, I used my credit card to build up the airline miles, and I would always pay the tab, and whoever was there would just give me the cash. And it added up over the years. I've done that 20 years or more.
MR. RASHBAUM: And once you had this cash, what would you do with it?
CHARLIE ADELSON: Whenever I had $1,000, I would have -- staple it, and it was a packet that I -- and it was really -- I stapled it because it was just being saved. I wasn't -- I wasn't spending it. I was always using my credit card, so the cash built up.
MR. RASHBAUM: Where would you put the cash?
CHARLIE ADELSON: I put it in my safe.
MR. RASHBAUM: When you -- I want to go back to your business a little bit. When you started your business, did you make a lot of money the first couple years?
CHARLIE ADELSON: No, no. I mean, I -- it took off pretty quick, but it wasn't -- it wasn't where it was in "13, '14, and ‘15.
MR. RASHBAUM: By 2011 approximately how much money were you making?
CHARLIE ADELSON: I was probably making 350 a year.
MR. RASHBAUM: And what did your income look like in the 2014 range?
CHARLIE ADELSON: "14 I made between I think around 850- to 900,000.
MR. RASHBAUM: What were your best years financially?
CHARLIE ADELSON: "13, °14, and ‘15.
MR. RASHBAUM: Have you ever been married?
MR. RASHBAUM: In the time frame of 2013-14, did you have any kids?
CHARLIE ADELSON: Back then I didn't have my son.
MR. RASHBAUM: During this 2013-2014 time frame, how would you succinctly describe your lifestyle?
CHARLIE ADELSON: Work came first. I, you know, worked my whole life to get to where I was. So I -- I wasn't turning any work down. And I was single so I worked. I'd go to the gym late at night, and I'd probably go out one night a week. Usually on a Saturday night is when I'd go out.
MR. RASHBAUM: Now, do you have any children now?
CHARLIE ADELSON: I've got one son.
MR. RASHBAUM: How old?
CHARLIE ADELSON: Five.
MR. RASHBAUM: I want to talk to you about your relationship with your parents as an adult. Fair to say you're close with your mom and dad?
CHARLIE ADELSON: Yeah.
MR. RASHBAUM: As an adult how often would you talk your mom and dad?
CHARLIE ADELSON: I would talk to my mom more often, a lot more often, just because my dad was always working, but I talked to my mom every day.
MR. RASHBAUM: Once a day or multiple times?
CHARLIE ADELSON: At least once a day, but most likely probably twice a day because it was always -- usually one thing was a personal thing, and one thing was something having to do with the office or scheduling or something like that.
MR. RASHBAUM: During the 2014 time frame when you owned the office, did your mom work for you?
CHARLIE ADELSON: You could say that, yeah.
MR. RASHBAUM: Did she control the books?
CHARLIE ADELSON: She wrote the checks, yeah. She -- they had the checkbook at the house.
MR. RASHBAUM: Now, was there any particular time that you would talk to your mom more often than other times?
CHARLIE ADELSON: Yeah. In the morning driving into work, I'd call my mom, and usually on the way home from work, I'd call then. Just depends on how long the drive was really.
MR. RASHBAUM: How involved was your mom in your life?
CHARLIE ADELSON: Business-wise very involved. I mean, she was running the office. Personal-wise, I mean, I would tell them things and keep them up to date with stuff and my life. But I -- it was my life. I mean, I did whatever I wanted to do.
MR. RASHBAUM: We're gonna get to this later, but how involved was your mom in your sister's life?
CHARLIE ADELSON: I think she was more involved. I think my sister involved my mom maybe more. And it just depends on different issues.
MR. RASHBAUM: I want to talk a little bit about your sister Wendi. As adults before she married Professor Markel, how often would you talk with her?
CHARLIE ADELSON: I'd call my sister I'd say about every 10 days or so. we'd -- I'd call her. But she was real -- she was busy and she wasn't real good with the phone. So I would -- I would call her, and she would always take a day or two to call me back. I spoke to her half the time when I called. Half the time she didn't pick up.
MR. RASHBAUM: How often would you see her -- again, premarriage how often would you see your sister?
CHARLIE ADELSON: Not a lot. In 1995 I left to go to college. In ‘97 she left to go to college up in Boston. So it was pretty much, I would say, holidays, like, every three, four months. You know, Thanksgiving, Christmastime, sometimes during the summer. Maybe three or four times a year I'd see her.
MR. RASHBAUM: There came a time when Wendi started dating Professor Markel; right?
CHARLIE ADELSON: Yes.
MR. RASHBAUM: Do you remember when you first met him?
CHARLIE ADELSON: I do. I think he was in town, and I remember all of us going out to lunch. I think we went to a deli.
MR. RASHBAUM: What did you think of him?
CHARLIE ADELSON: I thought he was a nice guy. I mean, he kind of seemed like all my other sister's boyfriends she's had in the past. I've never really had much in common with them. And he kind of -- kind of seemed like the rest of them. But I -- that was pretty much it.
MR. RASHBAUM: Now, after they got married, what was your relationship with -- what was your relationship like with Professor Markel?
CHARLIE ADELSON: It was the same as before they got married. I mean, I didn't -- we texted each other on our birthdays. I don't think we ever really called each other or hung out. I mean, I would just see him when he came over to the house with -- with my sister.
MR. RASHBAUM: And how often would you see him and your sister?
CHARLIE ADELSON: I would say twice a year maybe or roughly around there. Maybe three times a year.
MR. RASHBAUM: In the years that Professor Markel and your sister were married and living in Tallahassee, how often did you come to Tallahassee.
CHARLIE ADELSON: I'd only been to Tallahassee -- I was there twice, I believe, when her children were born and then once when I was working in Alabama. I had a research fellowship, and I was passing through Tallahassee. I spent the night with them, and I saw them that time too.
MR. RASHBAUM: When Professor Markel and your sister were married, did you still communicate with your sister about the same amount of time?
CHARLIE ADELSON: It may have been a little less because I remember when she had kids, I mean, she had even less time. So I probably spoke to her -- I'd call her, and then, probably more times than not, she didn't pick up the phone. Then I'd get a call back a couple days later. So it was pretty similar.
MR. RASHBAUM: Did there come a time when you became aware that Wendi and Professor Markel were having marital issues?
CHARLIE ADELSON: Yes.
MR. RASHBAUM: What did you learn?
CHARLIE ADELSON: I took my sister out to dinner when she had come to town, and we went to the Melting Pot, and I remember her telling me that they were having issues and it was pretty serious.
MR. RASHBAUM: Did she tell you that they were going through marriage counseling?
CHARLIE ADELSON: Yeah. She -- that's when I found out. And I -- that's what I was gonna say is, like, have you tried to work things out. And that's when I found out that they had been in counseling for six months. I didn't know about it before.
MR. RASHBAUM: Now, what were some of the issues, if you remember, that she told you they were having?
CHARLIE ADELSON: He was becoming very, very religious. There was becoming issues with diet and how she was cooking in the house. She wasn't really respectful -- he wasn't really respectful of her career. He would belittle her. She was -- he obviously lost -- it seemed like he had lost his eye for her, and she seemed like she had lost her eye for him, and she wasn't happy.
MR. RASHBAUM: Now, did she complain about violence or danger or anything like that?
CHARLIE ADELSON: Never.
MR. RASHBAUM: Did she complain that he was not a good father?
CHARLIE ADELSON: No, no. He was very attentive to his sons.
MR. RASHBAUM: Did you learn at some point that your sister was gonna file for divorce?
CHARLIE ADELSON: I did.
MR. RASHBAUM: And when you heard that she was gonna file for divorce, how did you feel?
CHARLIE ADELSON: I felt bad for her. I mean, she was sad. I mean, no one goes to get married to get divorced. But she seemed like -- she'd spent six months in therapy with him, and it didn't -- it didn't change anything, how she felt, and he didn't change how he was.
And I said, Listen. I said, The kids need to grow up in a happy household. Like, they can't have fighting. They can't have a miserable mom that's unhappy. You need to have -- kids are better off growing up in two separate households with a positive environment instead of negative.
MR. RASHBAUM: Did your sister seem angry to you?
CHARLIE ADELSON: No. She seemed sad.
MR. RASHBAUM: How involved were you with the divorce proceedings?
CHARLIE ADELSON: I wasn't really involved with the divorce proceedings on the day-to-day stuff. I would definitely hear stories, most of which would come from my mom. When I would be driving to work in the morning or driving home, I would -- I would hear the latest update of what's going on. But I would say probably 20 percent came from Wendi and 80 percent came from my mom.
MR. RASHBAUM: How did Wendi seem to you during the period when they were going through the divorce proceedings?
CHARLIE ADELSON: Extremely stressed. Very stressed out.
MR. RASHBAUM: How did your mom seem?
CHARLIE ADELSON: She was upset because my sister was stressed. And it was almost like the telephone game. Like, my -- my sister would vent to my mom. Then my mom would be venting to me.
MR. RASHBAUM: In general, was your perception that the litigation was very litigious?
CHARLIE ADELSON: Yeah. I did learn that. I mean, the fighting over bicycles and all kinds of nonsense, and it seemed not to end.
MR. RASHBAUM: Now, were there some big issues like relocation that were issues as well?
CHARLIE ADELSON: Yes.
MR. RASHBAUM: Let's talk about relocation. Did there come a time that you learned that your sister filed a motion to try to relocate to South Florida?
CHARLIE ADELSON: I did.
MR. RASHBAUM: And do you know why she wanted to relocate to South Florida?
CHARLIE ADELSON: Primarily it was because she had no family in Tallahassee, and she had two young kids, and my parents lived in South Florida. I lived in -- I lived in Fort Lauderdale. She wanted to be closer to family, and she had a better, more secure job for her career in South Florida.
MR. RASHBAUM: How did you feel about the idea of your sister and the boys moving to South Florida?
CHARLIE ADELSON: I thought it would be great. I mean, I hadn't lived in the same town as her since 1995, so I thought it would be great to have her -- have her in town.
MR. RASHBAUM: How important was it to you?
CHARLIE ADELSON: I mean, it wasn't real important to the point, like, I -- I thought about it all the time. But, I mean, if I thought about it, I'd be happy to have her back home.
MR. RASHBAUM: How important was it to your mom and your dad?
CHARLIE ADELSON: Oh, to them it was very important. They wanted her to come back because she had no family in Tallahassee,
MR. RASHBAUM: And what was your understanding of what Professor Markel thought about this relocation effort?
CHARLIE ADELSON: I knew he was against it and he wanted her to stay in Tallahassee with him.
MR. RASHBAUM: Did you learn at some point that the petition was denied for relocation?
CHARLIE ADELSON: Yeah.
MR. RASHBAUM: And when it was denied, how did your mom feel about it?
CHARLIE ADELSON: My mom was -- they were very disappointed. They were unhappy.
MR. RASHBAUM: How about your sister?
CHARLIE ADELSON: She wasn't that disappointed, I guess, "cause she's a lawyer and she knows, you know, what's the probability in something like this happening. And she -- she said it was a long shot. She said she really wasn't expecting it, but it was worth it just to take a shot and see if it would happen.
MR. RASHBAUM: Were you angry?
CHARLIE ADELSON: No. It didn't change anything in my life.
MR. RASHBAUM: Now, we've seen some emails regarding converting the boys to Christianity. We've seen some pretty out there emails from your mom.
Do you recall seeing those emails in this trial?
CHARLIE ADELSON: I do, yeah.
MR. RASHBAUM: And do you recall whether you saw those emails when they were written -- back when they were written?
CHARLIE ADELSON: Yeah. I would get forwarded to me all kinds of stuff. Sure.
MR. RASHBAUM: Did you come up with any of those ideas?
MR. RASHBAUM: Now, on some of those emails, we'll see that you respond, "I like it." Why did you respond that way?
CHARLIE ADELSON: well, my sister tried being really nice to Danny, and it got her nowhere. And he was being really litigious, and he was looking to give her a hard time. And I thought that this was -- I thought it was a way that she would go ahead and give him a hard time back and kind of push his buttons the way he was trying to push her buttons.
So, basically, you know, if he's being a jerk to you, just be a jerk back and see if maybe he'll stop. So I didn't think any of those things she was actually ever gonna follow through with, you know, but I thought that it would really push his buttons. So I thought, Why not. Give it a shot.
MR. RASHBAUM: Now, I want to talk about the million-dollar offer.
Did you ever become aware of efforts by your family, including yourself --
CHARLIE ADELSON: Yeah.
MR. RASHBAUM: -- to offer Professor Markel money to allow your sister to relocate?
CHARLIE ADELSON: I did, yes.
MR. RASHBAUM: And do you recall who came up with that idea?
CHARLIE ADELSON: It was my parents.
MR. RASHBAUM: What was the -- what were the terms of the offer? How much was it for?
CHARLIE ADELSON: The offer was for $1 million to have him move down south to South Florida with my sister and the boys, and that would afford him enough money that he could easily commute to his job in Tallahassee on the days that he worked, just the way senators in South Florida commute to Tallahassee all the time, and that was the idea behind it.
MR. RASHBAUM: Now, how were you involved in this idea?
CHARLIE ADELSON: Not super involved, but I definitely said to my parents, I said, I will help and I will pay a third of that million dollars. And when Wendi one day starts making real money, you know, if she's able to, I want to be paid back.
MR. RASHBAUM: At this point in time, were you making more money than your parents?
CHARLIE ADELSON: I was, yes.
MR. RASHBAUM: Did you or your family ever speak with an attorney about the legality of this offer?
CHARLIE ADELSON: I didn't, but I know they wanted to run it by an attorney. I think that he used Gary Cohen to -- to run it by.
MR. RASHBAUM: Do you know if the offer was ever made?
CHARLIE ADELSON: I -- as I sit here today, I know that the offer was never made. But back when the offer I thought was made -- I thought it was made, and I thought it was turned down.
MR. RASHBAUM: Did you -- Charlie, you like to talk a lot; right?
CHARLIE ADELSON: Yeah. I didn't realize how much I talk until I listened to all those tapes, and evidently I do. I mean, I knew I liked to talk, but I didn't realize how much.
MR. RASHBAUM: When you got involved in this million-dollar offer, would you talk about it with others?
CHARLIE ADELSON: Yes,
MR. RASHBAUM: How would it come up?
CHARLIE ADELSON: It would come up when people would say, you know, Doesn't your sister want to move back -- back home? How is she doing?
And I said, Yeah. No. She definitely wants to move back home. We tried everything we could. Like, we even offered a million dollars to -- to Dan to see if he would move down with her, and it didn't work. Like, he turned it down.
MR. RASHBAUM: Now, did you ever talk with Katherine Magbanua -- and we'll talk a lot about her in a little bit.
But did you ever talk with Katherine Magbanua about that million-dollar offer?
CHARLIE ADELSON: Yes, I did.
MR. RASHBAUM: And what do you remember telling her?
CHARLIE ADELSON: The same thing I told everybody else is it came up when my -- she was asking me about, you know, Doesn't your sister want to move back home?
And I said, yeah. I said, You know, we tried everything we could. We even offered Danny a million dollars to move back to South Florida, and it didn't work.
The same thing I said to her is what I said to a bunch of people.
MR. RASHBAUM: How did she respond?
CHARLIE ADELSON: She -- she was, like, wow. That's a lot -- that's a lot of money. She was, like, You gotta take out a loan for that?
And I said, No. I got cash. I can pay for it.
MR. RASHBAUM: Now, let's talk about gifts to your sister during her divorce.
In general, did you provide any financial assistance to Wendi during the divorce?
CHARLIE ADELSON: No. She never asked, and I never gave her any money.
MR. RASHBAUM: Did you pay for her lawyers?
CHARLIE ADELSON: Never.
MR. RASHBAUM: Now, did you give her any gifts? And let's just start with the broad question, and then we'll break it down.
CHARLIE ADELSON: Yes.
MR. RASHBAUM: Did you give her any gifts?
CHARLIE ADELSON: Yes, I've given her gifts.
MR. RASHBAUM: Okay. Do you recall giving her a Tv?
CHARLIE ADELSON: Yes.
MR. RASHBAUM: How did that come about?
CHARLIE ADELSON: well, when she was moving out of the marital home and she was starting, you know, from scratch in a new house, she didn't take any of the -- only took her belongings. I said to my mom, I said, What does wendi need? Like, what does she need for the new place?
And she said, Actually, she"s -- she's leaving the TV set. She needs a TV set for the house.
So I said, All right. Fine. I said, Go to -- you know, go to the store up there and go to Best Buy and pick out a really nice TV set, and I'l] -- I'll pay for it. I said, Buy it and I‘'11 give you the money.
MR. RASHBAUM: Now, do you recall making a joke that buying her a TV was cheaper than hiring a hitman, something to that effect?
CHARLIE ADELSON: Yeah. It was -- you want me to say what --
MR. RASHBAUM: Yeah. Tell me what the joke was.
CHARLIE ADELSON: What happened was when I gave her the Tv set as a divorce present, and stupid -- it was the stupidest thing I ever said in my life. And I said, you know, I was gonna get you a hitman, but the -- the TV set was a lot cheaper, so I went with the Tv set instead.
And I said it as a complete joke, and it was stupid, but I do that a lot.
MR. RASHBAUM: Did you make that joke to others?
CHARLIE ADELSON: Yes.
MR. RASHBAUM: Did you make that joke many times throughout 2013 and 2014?
CHARLIE ADELSON: I made that joke when she was having problems and she was fighting and she was upset. I recycled the joke. It was stupid.
MR. RASHBAUM: Did you ever say that joke to Katherine Magbanua?
CHARLIE ADELSON: Yes, I did.
MR. RASHBAUM: Just to be clear, did you ever look into hiring a hitman?
CHARLIE ADELSON: No. Never.
MR. RASHBAUM: Are you aware that divorce proceedings settled in July 2013?
CHARLIE ADELSON: Yeah. I believe it ended in summer of ‘13.
MR. RASHBAUM: Now, how did your sister react to the settlement?
CHARLIE ADELSON: I think she found it as, like, a sense of relief. It seems like she, like, had closure. She knew -- knew what she was gonna be doing and where she was gonna be living. And she -- I think she was just looking -- I think she was happy -- happy in the sense that she was able to put it behind her.
MR. RASHBAUM: What was the custody arrangement? Do you know what the custody arrangement was?
CHARLIE ADELSON: I know it was fifty-fifty.
MR. RASHBAUM: After the settlement, how were things with Professor Markel and your sister?
CHARLIE ADELSON: I think they were calm for a little bit, and then it got litigious. There were little brief areas of calm, and then -- I think he was trying -- kept trying to bring her back into court, and it started becoming litigious again.
MR. RASHBAUM: What was your understanding of this mostly based on?
CHARLIE ADELSON: Things that I'd hear from my mom. Probably 20 percent from my sister; 80 percent from my mom.
MR. RASHBAUM: Was your mom upset?
CHARLIE ADELSON: She would get upset when my sister would tell her about Danny pushing her buttons and filing all these things in court and giving her a hard time.
MR. RASHBAUM: What about you? During the period of all this litigation, what were your feelings about Professor Markel?
CHARLIE ADELSON: I thought he was being a jerk. I mean, hearing stories that he's showing up at her work and bad-mouthing her to other colleagues and saying horrible things about her, like, you know, I thought he was just being a jerk to her.
MR. RASHBAUM: Now, would you think about this all day long in the morning and at night? I mean, how important was this to your life?
CHARLIE ADELSON: It wasn't. I mean, I would only think about it when I'd be listening to a story, and it would be -- I'd be driving in the car talking to my mom. She would relay the latest that my sister told her, and then she'd be telling me, and that's when I would think about it. But, I mean, I never for a second was at work thinking about it or doing activities that I enjoyed thinking about it. When I'd wake up in the morning, I never thought about it.
MR. RASHBAUM: Were you panicked at all about it? Were you concerned that your sister was gonna be disbarred? Anything like that? Was that a big issue for you?
CHARLIE ADELSON: No. I mean, that was -- that was a nonsense threat.
MR. RASHBAUM: When you would learn about things, though, would you talk to them -- talk about what was going on to others?
CHARLIE ADELSON: Yeah, yeah. I did talk a lot.
MR. RASHBAUM: why would you -- considering your sister's divorce wasn't -- and her issues with Professor Markel weren't a huge part of your life, as you've testified, why would you be talking about it to others?
CHARLIE ADELSON: One, I talked a lot.
MR. RASHBAUM: How would it come up?
CHARLIE ADELSON: And it would -- it would come up when I'd be sitting at the dinner table and I'd hear a crazy story that my mom told me from -- from earlier that day. And I guess it's more interesting than talking about teeth. So I would -- I would sit there, and I'd share things with my girlfriend or friends, and I'd relay stories.
MR. RASHBAUM: By the way, during this time period -- and now I'm talking about late ‘13 -- second half of ‘13 and '14, were you still speaking with your sister about the same amount or -- or more?
CHARLIE ADELSON: I would say it was probably about the same. About every ten days or so, we talked.
MR. RASHBAUM: Did you travel to Tallahassee to check on her after she filed for divorce? How many times did you come to Tallahassee during this time period?
CHARLIE ADELSON: Never. I think the last time I came to Tallahassee was 2011. 2011 or 2010.
MR. RASHBAUM: Now, what was your understanding of how Wendi felt about the idea of staying in Tallahassee as time went on?
CHARLIE ADELSON: I think she -- she understood that's what her life was gonna be. I mean, she -- she loved her job up here. She was getting excited about things. She was dating people. She was -- she was embarking on her new life in Tallahassee.
MR. RASHBAUM: What was her -- did there come a time when she won an award? And what do you remember about that?
CHARLIE ADELSON: I remember I was real proud of her. She wrote a book, and the book was selected by Florida State to be the mandatory reading for all incoming freshmen. And she was chosen to be the speaker to the incoming class, and that was to take place in August. And I know she was super excited about it, and we were all planning to come up there and be there for her.
MR. RASHBAUM: Okay. I want to shift gears and talk a little bit about Katherine Magbanua.
MR. RASHBAUM: Can I have one moment, Your Honor?
JUDGE EVERETT: Take your time.
BY MR. RASHBAUM:
MR. RASHBAUM: Okay. Let's talk a little bit about Katherine Magbanua.
When did you -- how did you first meet Katherine Magbanua?
CHARLIE ADELSON: I met Katie in the summer of 2013. She started working the front desk at a dental office that I worked at.
MR. RASHBAUM: And what was that dental office? Where was it?
CHARLIE ADELSON: The name of the office was SoFi Dental, and it was in South Beach.
MR. RASHBAUM: What did she do for the dental office?
CHARLIE ADELSON: She was the front desk and office manager for the office.
MR. RASHBAUM: How often would you work in that office?
CHARLIE ADELSON: I was there -- say, every three weeks I was there for -- half a day every three weeks.
MR. RASHBAUM: Was that office a big generator of income for you?
CHARLIE ADELSON: It was one of my better offices, yeah.
MR. RASHBAUM: Now, you said you met her in July 2013. When did you first go out with her?
CHARLIE ADELSON: We first went out it would have been first week of October, around October 10th.
MR. RASHBAUM: And who initially pursued who?
CHARLIE ADELSON: I -- I pursued her.
MR. RASHBAUM: why did you ask her out?
CHARLIE ADELSON: Katie was really cute. She was friendly. She went to the same -- she actually graduated from UCF also. Different -- different time, but she graduated from there. She was -- she was a really smart girl. I mean, she was extremely smart and witty, and that's why I pursued her.
MR. RASHBAUM: Once you went out with her, did you learn that she had two kids?
CHARLIE ADELSON: I did.
MR. RASHBAUM: Now, initially, did you learn anything about her ex-husband?
CHARLIE ADELSON: No. The only thing I knew is that she had been with somebody for about ten years and that she was now single.
MR. RASHBAUM: After you dated her a couple times, what did you like about her?
CHARLIE ADELSON: well -- and aside from the initial things, what attracted me to her was she was -- she had a very busy life also. And my life was so busy it was hard for me to be in a relationship where someone wanted to go have dinner at 5:00 o'clock and hang out with me a couple days a week.
So she was -- she was working full-time, had two kids. So she was fine seeing me once or twice a week, and we both had very little time.
MR. RASHBAUM: Now, you said that your first date was sometime in early October 2013.
CHARLIE ADELSON: It wasn't a real date. We just went and had dinner. There's a restaurant in the building, and we finished late, and I said, Do you want to grab dinner, and we ate at the building.
MR. RASHBAUM: Did you ask her just two weeks later if she could find someone to kill Professor Markel?
CHARLIE ADELSON: No, not at all.
MR. RASHBAUM: Did you have a Halloween party with her or go trick or treating with her and after the party say, Hey, do you know anyone who can take care of my ex-brother-in-law for me?
CHARLIE ADELSON: No, absolutely not.
MR. RASHBAUM: Now, back to the relationship, over time did it become more serious?
CHARLIE ADELSON: Over time -- you know, in the beginning it's always, like, you're just trying to see who each other is. And then, as time went on, she wanted to get more serious. I'd say probably by the springtime, by probably around March, she started asking me.
MR. RASHBAUM: Now, did you consider her to be your girlfriend then?
CHARLIE ADELSON: She was my girlfriend, yeah.
MR. RASHBAUM: Did you consider yourself to be exclusive?
CHARLIE ADELSON: After the first three months together, yeah, for sure.
MR. RASHBAUM: Did you ever see a possibility of marriage with her?
CHARLIE ADELSON: No, I didn't.
MR. RASHBAUM: During the time that you dated her, how often -- and let's -- let's be clear. We're talking about now the beginning of 2014.
CHARLIE ADELSON: Right.
MR. RASHBAUM: So let's keep it far away from July.
During the time that you dated her, how often would you communicate with her?
CHARLIE ADELSON: We talked every day.
MR. RASHBAUM: When would you talk to her?
CHARLIE ADELSON: I'd call her when I was in the car driving to work. We'd text throughout the day, and I'd always talk to her at nighttime.
MR. RASHBAUM: well, where was she living at the time?
CHARLIE ADELSON: She was living in North Miami, in Miami.
MR. RASHBAUM: And, again, you were living in the same place in Fort Lauderdale?
CHARLIE ADELSON: Same house in Fort Lauderdale, yeah.
MR. RASHBAUM: How often would you see her?
CHARLIE ADELSON: I would see her once a week. Sometimes, every once in a while, it would be twice, but I would say more often once than twice.
MR. RASHBAUM: And when you saw her, what would you typically do?
CHARLIE ADELSON: we'd go to dinner, hang out, watch a movie, hang out at my house.
MR. RASHBAUM: Did you have any relationship with her children?
CHARLIE ADELSON: No. I met her children on one occasion, maybe twice, but definitely no more than twice.
MR. RASHBAUM: Did she go to family events with you?
CHARLIE ADELSON: She did meet my family a couple of times, yeah.
MR. RASHBAUM: She met your sister how many times, if you recall?
CHARLIE ADELSON: Two times.
MR. RASHBAUM: And how many times do you think she might have met your parents?
CHARLIE ADELSON: I would say maybe around eight times. Eight or nine times.
MR. RASHBAUM: Was she a patient of your dad's?
CHARLIE ADELSON: Yes, she was.
MR. RASHBAUM: we're gonna get into this in more detail later, but let's be clear right now.
Did Katherine Magbanua ever work for your dad or for you at Adelson Institute?
CHARLIE ADELSON: No, never.
MR. RASHBAUM: Now, I think you alluded to this a little bit earlier, but as time went on in 2014, did she want to be more serious?
CHARLIE ADELSON: Yeah.
MR. RASHBAUM: And what did you think about that?
CHARLIE ADELSON: I liked it the way it was. I mean, it was good in the beginning. My life -- I wasn't looking to change it. I was still in that workaholic mode. But she started asking me, you know, what are we? what are we doing?
MR. RASHBAUM: At the time that you met her -- and I want to talk a little bit about your knowledge of Sigfredo Garcia now.
At the time that you met her, to your knowledge she was single; right?
CHARLIE ADELSON: Yes.
MR. RASHBAUM: And I think you testified that initially you didn't learn anything about her ex.
CHARLIE ADELSON: Nothing other than she was completely single. She was done with him.
MR. RASHBAUM: I want to show you Defense Exhibit -- it's not in evidence.
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 as Defense Exhibit 34. Please take a look at it.
Are these text messages between you and Katherine Magbanua on November 27th at 2:13?
CHARLIE ADELSON: Yes, they are.
MR. RASHBAUM: Judge, I'd move in Defense Exhibit 34 at this time.
JUDGE EVERETT: Response?
MS. CAPPLEMAN: Hearsay, Your Honor.
JUDGE EVERETT: Please approach.
(Sidebar conference was had on the stenographic record as follows:)
JUDGE EVERETT: You are going to need to go through the foundation for entering a docket -- or a document with -- that it’s true and correct, the entire foundation.
But, ultimately, is this -- Ms. Cappleman, you're saying this is self-serving hearsay?
MS. CAPPLEMAN: Yes, Your Honor.
JUDGE EVERETT: What is your response?
MR. RASHBAUM: Two. It goes to state of mind --
JUDGE EVERETT: Keep your voice down.
MR. RASHBAUM: -- state of mind, which is an issue in this case, especially when they're saying that ...
(Pause)
JUDGE EVERETT: So state of mind and what else?
MR. RASHBAUM: It also goes to contradict the point that they made through Katherine Magbanua. So to impeach her as to the fact that on October 31st he knew that Sigfredo Garcia even existed, let alone wanted her to hire him to kill him.
JUDGE EVERETT: Let me read them.
All right. I'm going to overrule the hearsay objection, but you are going to need to lay a foundation for entering these items beyond what has already been testified to.
MR. RASHBAUM: Do you want me to just ask him whether it's a reflection of what these text messages are?
JUDGE EVERETT: Correct. And that they're true and correct.
MR. RASHBAUM: Okay.
(Sidebar conference was concluded.)
JUDGE EVERETT: The objection as to hearsay is overruled. You may continue with your examination.
MR. RASHBAUM: Thank you, Your Honor.
BY MR. RASHBAUM:
MR. RASHBAUM: These text messages, are they a true and correct reflection of your messages on November 27, 2013?
CHARLIE ADELSON: Yes, they are.
MR. RASHBAUM: Judge, I'd move in Exhibit 34 at this time.
JUDGE EVERETT: Any further objection?
MS. CAPPLEMAN: No, Your Honor.
JUDGE EVERETT: They are admitted at this time.
(Defendant's Exhibit 34 received in evidence.)
MR. RASHBAUM: May I publish?
JUDGE EVERETT: You may.
BY MR. RASHBAUM:
MR. RASHBAUM: Now, you see the timing is in military time, so it says November 27th at 13:42. We can agree that's 1:42?
CHARLIE ADELSON: Yes.
MR. RASHBAUM: Katie says, "My ex knows about you. I'm pretty sure I know how he knew because he even knows your name."
Do you see that?
CHARLIE ADELSON: Yes, I do.
MR. RASHBAUM: And you say, "Do I know him from my past?"
Do you see that?
CHARLIE ADELSON: Yes, I do.
MR. RASHBAUM: What are you asking Katie here?
CHARLIE ADELSON: I have no idea who -- who her ex is, and she's saying he knows me. So I'm saying does he -- do I know him?
MR. RASHBAUM: And that's in late November 2013; right?
CHARLIE ADELSON: Yes.
MR. RASHBAUM: That's after -- one month almost after Halloween; correct?
CHARLIE ADELSON: Yes.
MR. RASHBAUM: Now, as time went on, did you learn more about her ex?
CHARLIE ADELSON: In the springtime I did.
MR. RASHBAUM: In February was there an incident with Katie and her ex that you recall?
CHARLIE ADELSON: Yeah. I remember her coming over my house, and she was -- she was pretty upset. She had a mark on her neck. They'd got into an altercation, and he ripped a necklace that he'd given her off her neck, and she was crying and she was all upset.
MR. RASHBAUM: How did you react?
CHARLIE ADELSON: She could tell I was upset. I mean, someone just roughed her up. And she could tell I was upset, and she said, Don't -- don't do anything. She goes, He will kill you. He will kick your ass. He's -- you don't stand a chance.
MR. RASHBAUM: Now, why did you continue to date her after this?
CHARLIE ADELSON: I didn't take that as a threat to me. I just took it as she's got a crazy ex-boyfriend that wants her back and she's got two kids with him. And it wasn't a threat to -- I didn't feel like he was threatening me. She just was, like, you know, it's a -- it's a part of her life that I wasn't gonna hold against her.
MR. RASHBAUM: I want to show you a couple other texts related to your relationship with Ms. Magbanua in February -- January, February, and March of ‘14.
MR. RASHBAUM: And these will be Defense Exhibit 35, 36, and 37.
(Pause)
MR. RASHBAUM: The January text is 35. The February text is 36. And the March 24th text -- do you have that one?
MS. CAPPLEMAN: Yes.
MR. RASHBAUM: -- is 37.
MS. CAPPLEMAN: I have March 15th.
MR. RASHBAUM: Here you go.
May I approach, Your Honor?
JUDGE EVERETT: You may.
BY MR. RASHBAUM:
MR. RASHBAUM: Can you take a look at these items.
Do you recognize these text messages?
CHARLIE ADELSON: Yes, I do.
MR. RASHBAUM: Were they kept -- are they accurate reflections of your text messages?
CHARLIE ADELSON: They are, yes.
MR. RASHBAUM: I would move these exhibits into evidence now, Your Honor.
JUDGE EVERETT: Any objection?
MS. CAPPLEMAN: Hearsay, Your Honor. I'm still reviewing them, though.
JUDGE EVERETT: You can show me a copy of the exhibits.
MR. RASHBAUM: Yes, Your Honor.
May I approach?
JUDGE EVERETT: You may.
Ms. Cappleman, have you finished reviewing the exhibits?
MS. CAPPLEMAN: I have, Your Honor. My objection is hearsay.
JUDGE EVERETT: Attorneys can briefly approach.
(Sidebar conference was had on the stenographic record as follows:)
JUDGE EVERETT: What are these being offered for other than the truth of the matter asserted?
MR. RASHBAUM: Impeachment of Katherine Magbanua and state of mind as to Charlie Adelson.
JUDGE EVERETT: I don't believe Ms. Magbanua ever denied wanting a relationship with your client, so exactly what is it impeaching? You can have these back.
MR. RASHBAUM: She -- she did deny it. She said that --
JUDGE EVERETT: Wanting a relationship --
MR. RASHBAUM: -- she said that it wasn't getting more serious with him. But it more goes to his state of mind. They're saying that he's committing a murder with this woman, and we're -- I'm just building a story to show what actually happened, which is, when she saw she was on the outs, she did a murder without him knowing.
JUDGE EVERETT: So essentially negating the motive --
MR. RASHBAUM: Correct --
JUDGE EVERETT: Any response as to that particular offering of it not for the truth of the matter asserted?
MS. CAPPLEMAN: TI don't follow how it's not for its truth. It's -- I mean, according to them, it shows she wanted a more serious relationship and he didn't. She wasn't confronted with the statement. It's not impeachment and it's hearsay.
MR. RASHBAUM: She was confronted with it, and they objected then too.
JUDGE EVERETT: AS to these text messages specifically?
MR. RASHBAUM: Yes.
JUDGE EVERETT: I actually don't recall. But as it does go to negating what the stated motive for the crime was, I'll permit it on those grounds. But, generally, impeaching Ms. Magbanua without her actually having been confronted with the statement first, that's going to be a bit of a problem. All right?
MR. RASHBAUM: Thank you, Your Honor.
(Sidebar conference was concluded.)
JUDGE EVERETT: The objection is overruled as to hearsay.
You may continue with your examination.
BY MR. RASHBAUM:
MR. RASHBAUM: So let's talk about Defense Exhibit 35 --
CHARLIE ADELSON: Sure.
MR. RASHBAUM: -- text from January 19, 2014.
And in this exchange, what is Ms. Magbanua asking you about?
CHARLIE ADELSON: She asked me -- she asked me if I wanted things to be different, and she was saying how much she missed me.
MR. RASHBAUM: And did you want things to be different at this point in time?
CHARLIE ADELSON: No. I wanted things to stay the way they were from when we just started dating.
MR. RASHBAUM: Now, if you turn to Defense Exhibit 36, text messages from February 5th, 2014.
CHARLIE ADELSON: Mm-ham.
MR. RASHBAUM: What is she asking you -- what does she start by asking you about? And you don't have to read it. Just tell the jury generally what she is asking you about. What is she concerned about?
CHARLIE ADELSON: She's asking if I'm talking to a bunch of other girls.
MR. RASHBAUM: And what do you tell her in response generally?
CHARLIE ADELSON: I say, No, I'm not.
MR. RASHBAUM: And, again, in this text message, she's asking you whether -- she's telling you that she wants more; right?
CHARLIE ADELSON: Yeah.
MR. RASHBAUM: And how do you respond?
CHARLIE ADELSON: I ask her, Are you thinking about getting back with your ex?
MR. RASHBAUM: And then what do you say after that?
CHARLIE ADELSON: Oh, yeah. I say, "You're the coolest and most fun girl that I'm always happy when I'm around." And then I said, "I know it's not easy, and I think we're doing a good job at not rushing things." So...
MR. RASHBAUM: And what were you trying to tell Ms. Magbanua in this text message?
CHARLIE ADELSON: I was trying to say I like you and I have a good time hanging out with you, but I don't want to rush things.
MR. RASHBAUM: Now, moving to text messages in March of 2014, Ms. Magbanua texts you, "You've mentioned me to your mom?" And you say, "Yes."
And she says, "I love you. Ah, baby."
How did -- why was this a big deal to her?
CHARLIE ADELSON: I guess, when I had spoken to her, I'd brought up that I had mentioned her to my mom, and she thought I was trying to -- I was making things more serious. So she got -- I think she got excited over that.
MR. RASHBAUM: Okay. You can put those aside.
MS. CAPPLEMAN: Judge, I'm gonna object regarding Defense Exhibit 37 and ask for best evidence that it be published to the jury.
JUDGE EVERETT: I'‘11 sustain on best evidence grounds. Please publish Defense 37.
Members of the jury, you're to reach your own conclusions as to the context of the statements.
MR. RASHBAUM: Okay. Let's publish it to the jury and see if it says what I said.
BY MR. RASHBAUM:
MR. RASHBAUM: March 24th at 12:17. Do you see she texts you and says, "You've mentioned me to your mom?"
CHARLIE ADELSON: Yes.
MR. RASHBAUM: Do you see that you respond "Yes"?
CHARLIE ADELSON: Yes, I do.
MR. RASHBAUM: Do you see that she responds, “That made me so happy"?
CHARLIE ADELSON: Yeah. She took it the wrong way.
MR. RASHBAUM: Any other clarification, Your Honor?
BY MR. RASHBAUM:
MR. RASHBAUM: Is it fair to say that she was excited that you had mentioned her to your mom?
CHARLIE ADELSON: Yeah. She was -- she was happy, and she got overly excited. I -- I wasn't expecting that.
MR. RASHBAUM: Now, in the early summer of 2014, what were you telling your friends about your relationship with Katherine Magbanua?
MR. RASHBAUM: Objection. Relevance.
JUDGE EVERETT: Sustained.
Please lay a foundation if you can.
BY MR. RASHBAUM:
MR. RASHBAUM: Was your relationship coming to an end in the summer of 2014?
CHARLIE ADELSON: Yes. She wanted more, and I didn't want anything more.
MR. RASHBAUM: And were you communicating that to friends?
CHARLIE ADELSON: Yes, I was.
MR. RASHBAUM: I want to talk to you about a dinner on March 11, 2014, a Yardbird dinner.
MR. RASHBAUM: One moment, Your Honor.
JUDGE EVERETT: Take your time.
BY MR. RASHBAUM:
MR. RASHBAUM: Do you recall going to that dinner?
CHARLIE ADELSON: Yes, I do.
MR. RASHBAUM: Do you remember whether -- who was the dinner with?
CHARLIE ADELSON: I was -- I'd met Katie down in Miami on Lincoln Road, and my sister was in town. And TI -- I was already working down there, and I remember I was in my scrubs. And my sister came, and she brought the guy who she had just started dating, who was Jeff Lacasse.
MR. RASHBAUM: Do you recall where you sat?
CHARLIE ADELSON: Yeah. we sat outside the restaurant. There was a few tables set up on the sidewalk, and it was the four of us sitting there.
MR. RASHBAUM: Did you know that you were being watched?
CHARLIE ADELSON: No, not at all.
MR. RASHBAUM: Did you know that Sigfredo Garcia was thinking about killing you that night?
CHARLIE ADELSON: No, not at all.
MR. RASHBAUM: Now, this is March 11, 2014; right?
CHARLIE ADELSON: Yes.
MR. RASHBAUM: During the dinner do you recall discussions about ex-husbands between your sister and Katherine Magbanua?
CHARLIE ADELSON: Yes, I do.
MR. RASHBAUM: Do you recall who initiated those discussions?
CHARLIE ADELSON: No, I don't.
MR. RASHBAUM: Do you recall making a bad joke again at that dinner?
CHARLIE ADELSON: Yes.
MR. RASHBAUM: And that's the same joke that we've already discussed?
CHARLIE ADELSON: Yes. I did.
MR. RASHBAUM: Now, after the dinner, who came back to your house?
CHARLIE ADELSON: My sister and Jeff Lacasse came back to my house.
MR. RASHBAUM: What about Katherine Magbanua?
CHARLIE ADELSON: No. She -- she left to be with her kids.
MR. RASHBAUM: And was it a normal night when your sister and Jeff Lacasse came back?
CHARLIE ADELSON: Yeah. But it's the first time I've ever had, I think, my sister and her boyfriend sleep over my house. But it was normal.
MR. RASHBAUM: Did you ever have any conversations other than some text messages that Jeff Lacasse sent you with him after that night?
CHARLIE ADELSON: No. I never spoke to him again.
MR. RASHBAUM: Did you know anything about a first attempted murder of Professor Markel in early June?
MR. RASHBAUM: Now, there's been a lot of talk about birthdays and your dad's birthday and a birthday present. And you may remember some text messages that the State showed during their case regarding wanting to talk to your --
MR. RASHBAUM: Give me one second, Judge.
BY MR. RASHBAUM:
MR. RASHBAUM: Do you recall the State showing text messages where you're texting with your mom and she tells you that she can't talk right now, that she'll call you when she's alone, she's driving back, and she's at a stop in Gainesville, and to erase the text message.
CHARLIE ADELSON: Yes,
MR. RASHBAUM: Do you recall what that is all about?
CHARLIE ADELSON: It was about my dad's birthday.
MR. RASHBAUM: who was your mom with at that stop at Gainesville?
CHARLIE ADELSON: She was with my dad, so she didn't want to talk in front of him.
MR. RASHBAUM: And why didn't she want to talk in front of him?
CHARLIE ADELSON: Because it was a surprise. Originally, we were thinking about doing a cruise.
MR. RASHBAUM: What was a surprise? That you were gonna kill Professor Markel or that you were gonna have a surprise birthday party for your dad?
CHARLIE ADELSON: No. It was gonna be his 70th birthday party.
MR. RASHBAUM: And do you recall in that text message talking about a caterer?
CHARLIE ADELSON: Yes.
MR. RASHBAUM: Now, you had discussed this caterer as far back as April and May with your mom; correct?
CHARLIE ADELSON: Yes.
MR. RASHBAUM: And those are reflected in text messages as well; correct?
CHARLIE ADELSON: Yes, they are.
MR. RASHBAUM: On June 5th, do you recall your mom texting you and asking you, Don't forget to get information on the caterer?
CHARLIE ADELSON: Yes.
MR. RASHBAUM: Now, what did you get your dad for his birthday gift?
CHARLIE ADELSON: I paid for the catering for the party.
MR. RASHBAUM: And what type of catering was it?
CHARLIE ADELSON: It was -- a chef came to the party, and they cooked paella and seafood, and then we had a bunch of desserts also and salads.
MR. RASHBAUM: I'm showing you what's marked for identification purposes only as Defendant's Exhibit 43.
I'm showing you what's marked as Defendant's Exhibit 43, and these are a composite of all of your text messages between June 2, 2014, and June 7, 2014.
MR. RASHBAUM: May I approach, Your Honor?
JUDGE EVERETT: You may.
BY MR. RASHBAUM
MR. RASHBAUM: Can you look through this and see if this is an accurate reflection of all your text messages during that period?
CHARLIE ADELSON: Yes, they are.
MR. RASHBAUM: Judge, I would move in Defense Exhibit 43 at this point in time.
JUDGE EVERETT: We're gonna need to review the exhibit.
State, do you have any objection?
MS. CAPPLEMAN: Yes, Your Honor. Hearsay and relevance.
JUDGE EVERETT: Please bring me a copy of the exhibit.
Members of the jury, the bailiff is going to take you back to the jury room. we will resume the testimony momentarily.
(The jury exited the courtroom.)
JUDGE EVERETT: Everyone can be seated.
If the attorneys can approach.
(Sidebar conference was had on the stenographic record as follows:)
JUDGE EVERETT: Before we get to the hearsay aspect of it, is there more specific messages that you want to get to and not the composite?
MR. RASHBAUM: I'm not gonna ask him questions about any specific text messages in here that I haven't already asked about.
JUDGE EVERETT: All right. The reason -- the reason that I'm saying this, some of these do have some relevance issues and also go to either embarrassment of the witnesses or the parties in this. Particularly this one here, "... and this fucking and sucking your dick in the car," I mean, what is the relevance of this?
MR. RASHBAUM: The relevance of these text messages is, according to prosecutors, during this period of time, there is a conspiracy to commit a murder between my client and others. This will show what these text messages were during that period of time in their -- in their entirety so that the jury can go back and look at them and see what he was doing in this period of time.
JUDGE EVERETT: If there's a relevant nugget, I certainly would agree with you. But throughout the course of the day -- give my -- text messages to my wife, for instance. Going to Publix. What time is the pick up? Doesn't really matter.
MR. RASHBAUM: The relevant nugget is usually when you're about to commit a murder, you might seem out of character. These text messages are normal, everyday activity, and I think it's relevant to a jury considering whether this man was doing a murder at this period of time. It had that effect on me when I read it.
JUDGE EVERETT: Okay. And as to the portion that goes to nothing but embarrassing Ms. Magbanua or your client?
MR. RASHBAUM: We can take those out. If you want, we can redact those. I'm not gonna show -- I'm not gonna show him any of the text messages in here now. I'm just gonna ask him three relevant questions, maybe four, about the entire package and what it is.
JUDGE EVERETT: Does the State have a hearsay objection as well?
MS. CAPPLEMAN: Yes, Your Honor.
MR. RASHBAUM: State of mind.
JUDGE EVERETT: State of mind is a very specific thing. Again, that's why I would want you to look through this, find what you believe is most relevant first and what specifically goes to state of mind. Some of these conversations about what's going on with the different practices --
MR. RASHBAUM: That's exactly --
JUDGE EVERETT: -- at the different offices.
Go ahead.
MR. RASHBAUM: That's exactly his state of mind.
JUDGE EVERETT: Well, that he's working, but he's testified to this. Yes.
MR. RASHBAUM: His state of mind is not that he's gonna commit a murder. His state of mind is his normal, everyday activity. My life is the same as it was in February. I'm not talking about a murder. I'm not worried about anything. I'm living my life. That's what these text messages show.
JUDGE EVERETT: All right.
The other concern that I have with this as it would possibly cast even your client in a bad light: "It was good seeing you, Negro.” I think he called Ms. Magbanua at one point a strong black woman. I don't know if there's any references to the N-word or other things in here. There were with the other witness. But this is going to be a look at your own risk.
MR. RASHBAUM: I understand, Your Honor.
JUDGE EVERETT: Please review to find the most relevant nuggets that go to actual state of mind.
MR. RASHBAUM: Okay. They all go to state of mind.
JUDGE EVERETT: Then most relevant parts that don't involve embarrassment to the litigants.
MR. RASHBAUM: Fair enough. I'll take -- may I -- I'm not gonna -- I'm not gonna publish it. May we just put it in, and then we'll do that at a later point in time?
JUDGE EVERETT: Ms. Cappleman?
MS. CAPPLEMAN: I object, Your Honor. I haven't been given an opportunity to review it.
JUDGE EVERETT: Please review it.
MS. CAPPLEMAN: The text messages were, of course, made available to me in their entirety, but that's a lot of material. So I would like to review the Defense exhibit specifically. I'm still gonna have the hearsay objection, of course.
JUDGE EVERETT: Understood.
MS. CAPPLEMAN: And I would like a restroom break.
JUDGE EVERETT: Let's take that break then.
(Sidebar conference was concluded.)
JUDGE EVERETT: We'll be in recess for the next 12 minutes until 10:30.
Mr. Adelson, if you need to step down and go back to counsel table, you're permitted to do so.
(Recess taken.)
JUDGE EVERETT: Is Mr. Rashbaum back?
MS. MEYERS: He stepped out for a moment, Your Honor.
JUDGE EVERETT: All right.
(Pause in proceedings)
JUDGE EVERETT: Ms. Meyers, if you can text him and let him know we're waiting.
All right. I'm prepared to rule on the composite exhibit. AS a composite, I am going to sustain the objections on grounds of both hearsay and relevance and also on 403 grounds as it may create confusion of the issues themselves. If there are isolated portions that you wish to offer on grounds of relevance -- that are relevant, I should say -- and also you have a hearsay exception for, I can consider that.
Are there any statements that you wish to pull out of the composite and offer separately?
MR. RASHBAUM: I‘'11 stand on the record, Your Honor. I believe they all go to state of mind, as I suggested to you, showing what he was thinking on these relevant time periods. And without seeing them in the collection, you don't see a state of mind. So I'll state on the record, but you're taking away a defense of his which is his state of mind, and the jury should be able to see that. I'11l ask questions about it, but --
JUDGE EVERETT: You certainly can examine as to generally what was going on during the time period. Again, part of this as well goes to the subject matter we discussed at sidebar. I don't want the jury to take away from what could even possibly be relevant in the composite to then also make that prejudicial aspect of the deliberation in any way.
Do you understand what I'm saying?
MR. RASHBAUM: I do. We're happy to redact those sections, but -- if that would change your ruling, but ...
JUDGE EVERETT: Well, even with the redaction, I think we still have to get back into specifically the 403 aspect of it and also the hearsay.
But the Court's ruling is what it is concerning that matter. You may examine, though, concerning the subject generally of the messages.
MR. RASHBAUM: Judge, just for the record, I planned on doing the same thing ...
(Pause)
MR. RASHBAUM: Judge, I planned on doing the same thing for July 14 through 19. I won't do it considering I assume it’s the same ruling, but my same arguments apply to that.
JUDGE EVERETT: Very well.
Ms. Cappleman, do you have some more objections for the entire composite block of text messages?
MS. CAPPLEMAN: Yes, sir.
JUDGE EVERETT: All right. Again, if there are portions that you wish to extract from the composite that you believe are both relevant and are not hearsay, I will certainly consider those. But as a composite exhibit, I am going to find that they would otherwise be not relevant or hearsay or create 403 issues with confusion of the issues at trial.
MR. RASHBAUM: Judge, may I make -- I understand your ruling. May I make just one additional argument for the record?
JUDGE EVERETT: Go ahead.
MR. RASHBAUM: Just for the record.
The -- in the State's case-in-chief, they were allowed to put in phone calls showing the arrows Cindicating) that they have no idea anything said on those calls. They're essentially the same thing as putting in text messages like this except you actually see the content. Right?
JUDGE EVERETT: The chain of the traffic versus what is actually said?
MR. RASHBAUM: They put in every call. Okay. They put in every call between these participants on that -- on those particular dates which, by the way, correspond mostly to the days that I'm offering these text messages for. They put them in for their own purposes.
I think I should be allowed, under a 403 analysis -- what's good for the goose is good for the gander -- to put in the text messages to show the pattern or a lack of pattern of anything. And that's what these text messages show.
But I can just ask the questions, but I would like the record to reflect that, under a 403 analysis, it was allowed for them. It's not being allowed for us.
JUDGE EVERETT: I wouldn't exactly say it boils down to being that simple, but your objection is noted. Specifically as to what the State was permitted to demonstrate in their case-in-chief goes to either demonstrating motive or direct evidence of what they believe show the elements of the charges.
As to these composite exhibits -- and, again, I don't want to get very deep into what the subject matter is -- there are messages that either go to embarrassing of the other witnesses or litigants in this matter, matters that are wholly irrelevant or matters that do not demonstrate in any way the theory of defense as the Court understands it.
If there are portions, again, that are specifically relevant to negating either the motive or any of the elements of the charges and are not hearsay, as argued by the Defense, I will consider those separately. But as a composite on the whole, the 403 issues, the relevance and hearsay issues I believe compel me to deny their admission.
MR. RASHBAUM: Thank you, Your Honor.
JUDGE EVERETT: Let's bring back in the jurors, and we'll continue.
(The jury entered the courtroom)
JUDGE EVERETT: Everyone may be seated.
The State's objection to the exhibit is sustained. You may continue with your examination.
MR. RASHBAUM: Thank you, Your Honor.
BY MR. RASHBAUM:
MR. RASHBAUM: You've had an opportunity to review your text messages from June 2nd to June 7th, 2014?
CHARLIE ADELSON: Yes, I have.
MR. RASHBAUM: Anything in those text messages out of the ordinary?
MR. RASHBAUM: They're text messages about what types of subjects?
CHARLIE ADELSON: Work, personal life.
MR. RASHBAUM: Anything about a first attempted murder in Tallahassee?
CHARLIE ADELSON: No, not at all.
MR. RASHBAUM: Anything about any sort of violence?
CHARLIE ADELSON: No, not at all.
MR. RASHBAUM: Any -- anything about any sort of panic?
CHARLIE ADELSON: No, not at all.
MR. RASHBAUM: I want to talk briefly about July 1, 2014. And just kind of to give you a road map, in March you had dinner with your sister; correct?
CHARLIE ADELSON: Yes, at Yardbird.
MR. RASHBAUM: And we've learned that at that dinner Sigfredo Garcia thought about killing you?
CHARLIE ADELSON: Yeah. He was -- he was stalking me with Luis Rivera.
MR. RASHBAUM: And we've learned through this trial that a first attempted murder on Professor Markel's life happened give or take six weeks later.
CHARLIE ADELSON: Yes.
MR. RASHBAUM: Now let's talk about July 1, which is about three or four weeks after that.
By the way, up until July 1, had you ever talked to, texted with, met Sigfredo Garcia?
CHARLIE ADELSON: No, not at all.
MR. RASHBAUM: What happened on July 1?
CHARLIE ADELSON: July 1 I was -- I was gonna take Katie jet skiing, and I had the jet ski attached to the car. And I drove to her place in Miami, and I went to pick her up, and I actually got -- I remember it so well. I think I got flowers. Right before I picked her up, I bought flowers from the guy selling in the middle of the street.
And I picked Katie up, and we started driving out of her complex. And we got about a hundred -- 100, 200 feet, and this blue car comes flying out of nowhere. Flies in front of us and slams on the brakes. And I've got a car, and I'm towing a 1,200-pound jet ski behind it. And she started screaming, "That's T. That's T. That's T."
And I'm, like -- I mean, I almost rear-ended this car. And this guy gets out of the car, and he comes over, and he's screaming every kind of four-letter word at me, threatening me. TI mean, his face was real red. My windows were up. The guy was going crazy.
And, you know, I'm kind of a little bit boxed in because the rear of my -- the front of my car was almost against the rear of his car, so I couldn't drive past it, and I had a big jet ski and a trailer behind my car. So I ended up putting the car in reverse, doing, like, a little bit of a three-point turn a little bit, swinging the car around.
He then got in his car, chased alongside of us. And you can't -- if you're towing a jet ski with a car, you can't go real fast. You don't have much acceleration. He was right alongside of us. Rolled his window down, was screaming all this stuff at us.
And when we got to the light, it was just turning yellow, and I gunned it. And I remember making a left-hand turn. And I said to Katie, I said, "That guy is fucking nuts."
And she goes -- she goes, "Nuts?" She goes, "He's really calmed down."
And I go, "What do you mean he's calmed down?"
And she goes, "The old T I know would have broken your window and dragged you out into the street and beaten your ass."
MR. RASHBAUM: Now, that evening -- by the way, let's talk about -- you say "T." Did you know Sigfredo Garcia under another nickname as well?
CHARLIE ADELSON: Yeah. She referred to him a "T" or "Tuto" was Sigfredo.
MR. RASHBAUM: Now, that evening did your father call you?
CHARLIE ADELSON: Yeah.
MR. RASHBAUM: And what did your father say to you when he called you -- Harvey. What did he -- what did Harvey say to you when he called you?
CHARLIE ADELSON: He was worried about me.
MR. RASHBAUM: why?
CHARLIE ADELSON: Because he got a threatening message on his voice mail, and the guy was saying, you know, something to the effect of, Next time I see you, it's gonna be mano a mano. You know, Don't fuck with me. You know, you don't know who I am, something like that, and then hung the phone up.
MR. RASHBAUM: Again, this was July 1; correct?
CHARLIE ADELSON: Yeah.
MR. RASHBAUM: And this is now 17 days before Professor Markel was murdered; correct?
CHARLIE ADELSON: It was.
MR. RASHBAUM: So we have Sigfredo Garcia trying -- or thinking about killing you in March before the first attempt; right?
CHARLIE ADELSON: Yeah.
MR. RASHBAUM: And now we have him threatening you and trying to run you off the road just 17 days before the actual murder occurred; right?
CHARLIE ADELSON: Yes.
MR. RASHBAUM: You're aware that the State's theory is that you are co-conspirators with Sigfredo Garcia?
CHARLIE ADELSON: That's their theory.
MR. RASHBAUM: Now let's go to July 5th, your dad's birthday party. By the way, what was served at the birthday party?
CHARLIE ADELSON: we had the paella and the chef there cooking it.
MR. RASHBAUM: Okay. And how many people approximately attended the party?
CHARLIE ADELSON: It was in their apartment. They probably had, I'd say, roughly about 30.
MR. RASHBAUM: Did you invite Katherine Magbanua to the party?
CHARLIE ADELSON: No, I didn't.
MR. RASHBAUM: The party was in their apartment which was where?
CHARLIE ADELSON: It was in South Beach. It was in South Miami at the Continuum.
MR. RASHBAUM: Now, what time did the party end?
CHARLIE ADELSON: It went from probably 7-ish to probably about 11:30, 12:00.
MR. RASHBAUM: How far is the Continuum in South Beach from your house in Fort Lauderdale?
CHARLIE ADELSON: It's every bit of 45 minutes depending on traffic.
MR. RASHBAUM: That evening where did you sleep?
CHARLIE ADELSON: I slept over at Katie's house.
MR. RASHBAUM: why did you sleep over at Katie's house?
CHARLIE ADELSON: Because the -- my brother was in town for my dad's 70th birthday party with his wife and their kids, and my sister was in town. And, then, the whole family was doing stuff the next day, and it was gonna be at my parents’ house -- at their apartment, so I didn't want to drive all the way back to Fort Lauderdale and then all the way back to Miami.
MR. RASHBAUM: Does Katie live closer to South Beach than your home in Fort Lauderdale?
CHARLIE ADELSON: Yeah. She probably 15 minutes away. 10 to 15 minutes.
MR. RASHBAUM: And did you go back to your parents' apartment the next day on July 6th?
CHARLIE ADELSON: Yeah. I slept in Katie's place. It was one of only two times I've probably ever slept there, and then I went back to my parents’ place, like, for lunch the next day.
MR. RASHBAUM: Did Katie come with you?
CHARLIE ADELSON: No, she did not.
MR. RASHBAUM: Now, I want to draw your attention to June 16th and a late night work with your assistant, Erika.
CHARLIE ADELSON: Yeah.
MR. RASHBAUM: Do you recall that?
CHARLIE ADELSON: I do.
MR. RASHBAUM: I know you're not gonna know specific times, but how late did you work with Erika that evening?
CHARLIE ADELSON: We worked till about 10:00 o'clock at night.
MR. RASHBAUM: Okay. And what did you do after work?
CHARLIE ADELSON: we'd worked through dinner, so we were both hungry, so me and Erika went to go eat dinner.
MR. RASHBAUM: And what time did you get home approximately?
CHARLIE ADELSON: I got home about 11:45.
MR. RASHBAUM: When you got home, did you speak with Katherine Magbanua?
CHARLIE ADELSON: I did. we texted or I called her.
MR. RASHBAUM: And during that conversation on the 16th, but it's really the morning of the 17th I think "cause midnight.
CHARLIE ADELSON: Yeah, it was after midnight.
MR. RASHBAUM: What happened on that call?
CHARLIE ADELSON: Katie -- Katie was questioning where I was and who I was with and was saying it was suspicious because I think I ended up calling her probably about 12:30 that night. ‘Cause I came home, changed, took a shower, and then -- and then when I finally called her, it was, like, 12:30. So she thought I was -- she thought I was cheating on her.
MR. RASHBAUM: And was it a heated discussion?
CHARLIE ADELSON: Yeah. I mean, I worked hard all day. You know, I didn't do anything wrong. I went out to dinner with Erika, and, like, she was just questioning who I was with and what I was doing, and she was unhappy.
MR. RASHBAUM: Towards the end of the discussion, what did you agree to do with Katie the next day?
CHARLIE ADELSON: I told her I actually don't -- my morning office canceled. I don't start work until 1:45 tomorrow. I said, If you want, come up here and we'll grab lunch.
MR. RASHBAUM: And did you have lunch with Ms. Magbanua the next day?
CHARLIE ADELSON: Yes, I did.
MR. RASHBAUM: What happened when you had lunch with Katherine Magbanua on the 17th?
CHARLIE ADELSON: She started all over again with, like, questioning me about the night before. And then she wanted to make plans with me to do dinner on Friday night, and it got -- she got very upset at me. And she was just, like, weirdly adamant, like, This is Friday night. I want to do dinner with you. Like, why are you saying you don't know. Like, you don't know -- you're fine to go do dinner with Erika and not call me till 12:30?
And it just didn't stop, and we got into a fight at lunch.
MR. RASHBAUM: So let's take that a little bit slower.
So you meet with her on the 17th, and on the 17th your testimony is that she was adamant that she wanted to have dinner with you on the 18th; is that right?
CHARLIE ADELSON: Yeah.
MR. RASHBAUM: And where did she want to have dinner with you?
CHARLIE ADELSON: She wanted to make dinner plans and go down to Miami.
MR. RASHBAUM: Was that odd?
CHARLIE ADELSON: I mean, it was Friday night. She was my girlfriend. So from that perspective, it wasn't odd. what was odd is that she was so adamant. And when I -- when I pushed back on it, there was no push -- she was like -- started questioning me even more.
MR. RASHBAUM: Now, where were you going to work on the 18th?
CHARLIE ADELSON: I was working in Jupiter.
MR. RASHBAUM: Okay. So we're in Tallahassee. So let's just make sure everyone knows where Jupiter is compared to Miami where Katherine Magbanua is where she wanted you to have dinner.
How far is Jupiter from Miami?
CHARLIE ADELSON: I would say, with no traffic, it's probably two, two hours and fifteen minutes, maybe two thirty.
MR. RASHBAUM: And so -- and I might have said the wrong month. We're in July. It's July, not June. July 17th; correct?
CHARLIE ADELSON: Yeah. That's what I have.
MR. RASHBAUM: So why didn't you want to go all the way back down to Miami, and what did you tell Katherine Magbanua?
CHARLIE ADELSON: Telling Katie I was -- I'm gonna be in the car for at least an hour and a half driving up to Jupiter. My back kills me when I'm in the car for that along. I gotta drive back for another hour and a half home. I got two offices I'm working at. I've got 10 hours of surgery I'm doing.
I'm, like, I don't even know what time I'm getting out, and she was just, like, Oh, so it’s just gonna be another late night, and you don't want to see your girlfriend on a Friday night?
MR. RASHBAUM: And how did the lunch end?
CHARLIE ADELSON: I told her that -- I said, You're acting like a bitch. I didn't call her a bitch, but I said she was acting like a bitch.
MR. RASHBAUM: And did you leave the restaurant?
CHARLIE ADELSON: Yeah. We had -- we had some words, and I put some money down on the table, and we both walked out. And I -- I'm, like, I gotta get to work. I can't deal with this now.
MR. RASHBAUM: Did you contact her, or did she try to contact you during the day on the 17th, July 17th?
CHARLIE ADELSON: She called me while I was at work at around 6:30, but I was still working, and I didn't pick up the call.
MR. RASHBAUM: When did you speak to her again?
CHARLIE ADELSON: I was pretty pissed at her, so I didn't call her until after 12:00 that night after I came home. I went to the gym, took a shower. I called her after 12:00.
MR. RASHBAUM: And when you called her after 12:00 that evening, did you apologize?
CHARLIE ADELSON: We eventually smoothed things over a little bit. Like, I felt bad for saying that to her, and she was still mad at me and still wanting to see me. So I did smooth things over but not -- not entirely.
MR. RASHBAUM: Now, the next day you have several text communications with Ms. --
MR. RASHBAUM: Judge, may we briefly approach?
JUDGE EVERETT: Approach.
(Sidebar conference was had on the stenographic record as follows:)
JUDGE EVERETT: Go ahead.
MR. RASHBAUM: So I want to move things along. What I'd like to do is just ask him questions about the text messages, but I would like to try to put these into evidence at a later point in time just to put them in.
JUDGE EVERETT: These are specific messages, not a big composite block?
MR. RASHBAUM: They're specific in that, so we'll have to have some time to just go through it, but I don't want to slow it down now.
JUDGE EVERETT: That's fine. If there -- can you point out which ones there are if the State wishes to object at this point?
MR. RASHBAUM: They're all over the place, but ...
JUDGE EVERETT: I assume these don't have racial connotations or sex acts or anything else.
MR. RASHBAUM: Sorry. No. I mean, just said the word "bitch."
So these are text from his friend Mike about having dinner that day. He's about to start a big case and he's not feeling well. So I'd like to put those in, but the ones I'm referring to are earlier in the day, if I can find one.
we'll find them at the break, but they say, I'm sorry for calling you a bitch last night. Are you gonna break up with me? Something to that effect.
JUDGE EVERETT: All right. Response from the State?
MS. CAPPLEMAN: I feel like I can't respond until I see how it develops and how it's asked. So I'll make a contemporaneous objection if it's appropriate.
JUDGE EVERETT: Okay. well, let's continue.
MR. RASHBAUM: Okay.
(Sidebar conference was concluded.)
MR. RASHBAUM: May I continue, Your Honor?
JUDGE EVERETT: You may.
BY MR. RASHBAUM:
MR. RASHBAUM: That day -- now we're on the 18th, July 18th. Did you speak with your sister that morning?
CHARLIE ADELSON: I did.
MR. RASHBAUM: What do you recall talking to your sister about?
CHARLIE ADELSON: I called her in the car on the way up to work, and I ended up talking to her. She told me that she was having the TV set repaired. I thought she had told me that Lincoln had thrown something at it and broke the screen, so she was getting the Tv fixed.
And then I -- I was also -- the reason I called her was because I was in a fight with Katie and I wanted to get her opinion on something. So I spoke to her and told her what I said to Katie, and she gave me sisterly advice like -- like she usually does.
MR. RASHBAUM: And, again, that morning you're in the car for quite some time?
CHARLIE ADELSON: An hour. About an hour and a half.
MR. RASHBAUM: Where were the two -- you were working at one or two offices that day?
CHARLIE ADELSON: I was working in two offices, but they're across the street from each other in Jupiter.
MR. RASHBAUM: Okay. And during the call up to Jupiter, did you make several phone calls?
CHARLIE ADELSON: Yeah. That's my morning routine, and I was in the car for an hour and a half, so I was on the phone a bunch.
MR. RASHBAUM: Now, there are several times where there's a phone call made, and then immediately after there's another call -- and they're short calls. And then immediately after there's another call.
Do you know why that was the case?
CHARLIE ADELSON: Yeah. Because there's a stretch of highway between West Palm and up in Jupiter where you'll get dropped calls constantly. You'll call somebody, and then call -- you can't hear the person, or it doesn't go through, and they start talking, and you hang up and call them again. So calls drop constantly up there.
MR. RASHBAUM: Do you recall having some text message communication with a friend named Mike and also Katherine Magbanua about dinner that night?
CHARLIE ADELSON: Yes, I did.
MR. RASHBAUM: And without getting into too many specifics, what was the general issue?
CHARLIE ADELSON: Mike had wanted me to get dinner with him because his house is kind of closer to -- kind of close to Jupiter, and sometimes when I'm up that way, I'll see him.
Katie was still upset about the other day and feeling like I give me more time to other people and questioning why it's a Friday night and I don't want to spend it with her.
I eventually just texted with Katie, and I apologized for calling her a bitch and telling her -- I didn't -- I said she was acting like one. I didn't call her one. But evidently to some people there's no difference. I shouldn't have said it. But I ended up apologizing and making dinner plans with her.
MR. RASHBAUM: So you chose to make dinner plans with Katie that night; correct?
CHARLIE ADELSON: Yeah.
MR. RASHBAUM: And where the dinner plans were gonna actually happen, did you get that far in making specific plans?
CHARLIE ADELSON: No. But I said I just want to do something casual in Fort Lauderdale. I don’t want to get all dressed up and head to Miami.
MR. RASHBAUM: Okay. Now, the second office you're working in for a little period of time -- right? -- that evening?
CHARLIE ADELSON: well --
MR. RASHBAUM: In other words -- let me rephrase.
CHARLIE ADELSON: Yeah.
MR. RASHBAUM: You had a bunch of surgeries in that second office; right?
CHARLIE ADELSON: Yeah. They're usually packed.
MR. RASHBAUM: And do you recall from a text message that around a little after 6:00 you were about to start a big procedure?
CHARLIE ADELSON: Yes, I do.
MR. RASHBAUM: Okay. Now, at some point in time, you hear from your mom. How do you hear from your mom?
CHARLIE ADELSON: I had a missed call from her, one or two missed calls, and then she texted me, "Call us ASAP."
MR. RASHBAUM: And why did you miss -- why did you miss the call? What were you doing?
CHARLIE ADELSON: I was in surgery.
MR. RASHBAUM: Okay. After she texted you call her ASAP, what did you do?
CHARLIE ADELSON: I stopped what I was doing. I could see the text messages on the phone as they come in, so I knew it was important. I stopped what I was doing, and I called her right back.
MR. RASHBAUM: When you called her back, what did she tell you?
CHARLIE ADELSON: She told me that Wendi had just called her and that Dan had been shot and that it was serious and that her and my dad are going to be going up to Tallahassee to be with her.
MR. RASHBAUM: How did you react?
CHARLIE ADELSON: I was -- I was shocked. I -- I says, Is he -- is he okay? Is he gonna be okay? Are the boys okay or Wendi's okay? Like, what happened?
MR. RASHBAUM: What did your mom tell you?
CHARLIE ADELSON: She said she didn't know any details, that it was really serious, and that Wendi is with the police right now and they're questioning her.
MR. RASHBAUM: Now, after you got off the phone with your mom, what did you do?
CHARLIE ADELSON: I went back to work.
MR. RASHBAUM: And did you have some communications with people after that through text messages about how you were feeling?
CHARLIE ADELSON: I did.
MR. RASHBAUM: And generally speaking, how were you feeling?
CHARLIE ADELSON: I wasn't feeling great. I was pretty upset about what I just heard.
MR. RASHBAUM: Now, around what time, if you remember, did you leave the office?
CHARLIE ADELSON: Probably about between 8:20 and 8:30.
MR. RASHBAUM: Okay. And, again, it's a pretty far drive; correct?
CHARLIE ADELSON: Yeah.
MR. RASHBAUM: Even at that time of night?
CHARLIE ADELSON: Yeah. There's no -- there's no traffic at that time, so I could speed a little bit, but ...
MR. RASHBAUM: On your car ride home, did you make phone calls?
CHARLIE ADELSON: Yes, I did.
MR. RASHBAUM: And in particular -- and we'll do it one at a time -- did you speak with Katherine Magbanua?
CHARLIE ADELSON: Yes, I did.
MR. RASHBAUM: And what did you tell Katherine Magbanua on your ride home?
CHARLIE ADELSON: I told her that my brother-in-law -- my ex-brother-in-law had been shot and it's serious. And -- so I really didn't feel like going out tonight, and we can just hang out at the house if you still want to come over. And she said, No, I definitely -- I'm gonna -- I'm still coming to see you.
MR. RASHBAUM: How did she seem?
CHARLIE ADELSON: Normal. I mean, she seemed concern but nothing out of the ordinary.
MR. RASHBAUM: Now, are you aware that after that phone call Katherine Magbanua had to frantically go around and try to get a baby-sitter for her kids?
CHARLIE ADELSON: No, not at all.
MR. RASHBAUM: Okay. Did you speak with your mom on the way home to your house?
CHARLIE ADELSON: Yeah. I called my parents also from the car.
MR. RASHBAUM: And what did you find out from your parents?
CHARLIE ADELSON: That they were -- they were getting ready to leave and that they were heading up to -- they were gonna head up to Tallahassee and that they were gonna probably stop up in Orlando ‘cause it's late, and they wouldn't get up there till -- they were gonna spend the night in Orlando and then go up to Tallahassee.
MR. RASHBAUM: Now, you've seen text messages in this case where there's some indication your mom says, "Outside your house." And 20 minutes later after that text message, you say, "10 minutes."
Do you recall those text messages?
CHARLIE ADELSON: Yes, I do.
MR. RASHBAUM: Did you see your parents that evening?
CHARLIE ADELSON: No, not at all.
MR. RASHBAUM: when your mom says, "Outside your house" does that mean she -- to you that she was actually at your house?
CHARLIE ADELSON: No. It meant that she was passing by my house outside of the vicinity seeing if I was home.
MR. RASHBAUM: On the phone call that you had with your mom on the way home, did you discuss anything about her stopping -- your parents stopping at your house?
CHARLIE ADELSON: Yeah. I said, Text me when you're close. If I'm home, stop by and see me, because my house is a football field length away from the exit of the turnpike.
MR. RASHBAUM: And when they were close, were you anywhere near your house?
CHARLIE ADELSON: No. And I missed their text. I didn't get home for 40 minutes after that text came through.
MR. RASHBAUM: When you got home, what did you do?
CHARLIE ADELSON: When I got home, I changed, took a shower. I took a shower, changed. And I played phone tag with Katie to see where she was at. I think I talked to her after I got out of the shower, and she was -- and she was gonna be heading over to hang out with me.
MR. RASHBAUM: You have a text with your friend, Mike, that said you went to the gym. Do you have a gym -- did you go to the gym?
MR. RASHBAUM: Do you know if you worked out in your house that night?
CHARLIE ADELSON: I've got -- I've got some workout equipment at our house, so I may very well have, but I didn't go to the gym that night.
MR. RASHBAUM: Your friend Mike wanted to have dinner with you that night; right?
CHARLIE ADELSON: Yeah.
MR. RASHBAUM: Now, when you get to the house, you said you called Katie after your shower. why did you call her?
CHARLIE ADELSON: To see if she was still planning on coming over and what time she was gonna be there because it was, like -- it was already, like, 10:00, 10:15.
MR. RASHBAUM: And did she come to your house that night?
CHARLIE ADELSON: Yeah. She said she was gonna be leaving shortly. And I think I even said, Either text me or call me when you're on your way.
MR. RASHBAUM: Did she actually come to your house that evening?
CHARLIE ADELSON: Yes, she did.
MR. RASHBAUM: Around what time did she arrive?
CHARLIE ADELSON: She got there about 11:00 o'clock.
MR. RASHBAUM: What happened when she arrived?
CHARLIE ADELSON: When she arrived to my house, she came in through the garage, entered into the kitchen from the side door like she always does. And she just looked panicked and upset, and she walked straight in and gives me this big, tight hug and asked me, like, Are you okay?
And I said, Yeah. Just a horrible day.
But she looked more upset than I -- I mean I've ever seen her. I'm like, Are you okay?
She's, like, No, I'm not.
I'm, like, What's wrong?
She's, like, Just come sit down. TI need to talk to you.
MR. RASHBAUM: Where did you go?
CHARLIE ADELSON: we walked into the living room.
MR. RASHBAUM: And what happened when you got to the living room?
CHARLIE ADELSON: We sat down on the couch, and she started to talk to me. She said, Listen, this is all my fault, that I had no idea anything was gonna happen. This is totally my fault. I spoke in too much detail about your family's personal problems, about your sister, Dan Markel, and the million-dollar offer.
MR. RASHBAUM: What did you say?
CHARLIE ADELSON: I'm, like, what are you talking about?
And she's, like -- she's, like, My friend killed Dan, and he wants to be paid a third of a million dollars.
MR. RASHBAUM: How did you react?
CHARLIE ADELSON: I was, like, what did you just say?
And she's, like, My friend killed Dan. He wants you to pay a third of a million dollars.
MR. RASHBAUM: What happened next?
CHARLIE ADELSON: I stood up and I started cursing. I'm, like, What the fuck? Are you kidding me?
And she's, like, No.
I'm, like, who did this? Who's your friend that did this?
And she's, like, I don't wanna say. I can't say.
And I said, who was it?
And she just kept saying, I'm not gonna tell you.
And I was like, Is it -- was it Sigfredo?
And she's, like, No. I'm not -- I'm not telling you.
And I just walked in my bedroom and sat down on the edge of my bed.
MR. RASHBAUM: what happened when you got in the bedroom?
CHARLIE ADELSON: She -- she came into the bedroom, followed after me, sat down next to me. She started telling me, like, I'm so sorry. This is all my fault, but I didn't know any of this was gonna happen.
And, I'm, like, Katie, I'm not gonna be part of this shit. Like, I'm not gonna be part of paying for a murder. This is insane.
And she's, like, Look. If you don't pay in 48 hours, they will kill you.
And I said, Katie, I feel like I'm getting extorted now.
MR. RASHBAUM: How did she respond to that?
CHARLIE ADELSON: She -- she got really mad at me. So she got angry. She was, like, Look. I'm not extorting you. She's, like, I got dragged into this the same way you got dragged into this.
She's, like, It's my fault for running my mouth the way I did, but I'm not extorting you. Like, I'm trying to help you.
So she's, like, you gotta -- she goes, What are you gonna do? Are you gonna go to the police? She goes, You go to the police, they'll kill you.
MR. RASHBAUM: Did she tell you that they would just kill you or they would also kill other people?
CHARLIE ADELSON: She said, He'd come after you. He'd come after the family. Like, Charlie, you don't have a choice. Just pay the money. You said you had the -- you said you had the cash. You said you were gonna pay a third. Like, just do it. Like, I'm trying to help you out.
MR. RASHBAUM: What do you do then?
CHARLIE ADELSON: I said, Katie, I don't have a third of a million in cash.
And she's, like, You said you did.
And I was, like, No, I -- cash as in I could write a check for a third of a million. I don't need to take out a loan.
And she's, like, well, you have a ton of money in your safe.
And I say, Katie, I don't have -- I don't have that much in my safe. I do have a lot. And I said, Come take a look.
And I walked over to my safe. I opened it up. I'm, like, Here, take a look.
I took out piles and put it on the dresser next to us. And I said, Go ahead and count. That's not a third of a million.
MR. RASHBAUM: And did she count it?
CHARLIE ADELSON: Yes, she did.
MR. RASHBAUM: How much money did she count?
CHARLIE ADELSON: 138,000.
MR. RASHBAUM: So it wasn't $100,000; it was 138,000?
CHARLIE ADELSON: Correct.
MR. RASHBAUM: what did she do with the $138,000?
CHARLIE ADELSON: She put it in her -- she had a big purse. She put it in her purse. And she asked me, she goes, when -- how can you get the rest?
I'm, like, Katie, that's all the cash I've saved up from forever.
And she said, Can you go to your parents and get it?
And I was, like, If I go to my parents, my dad will go to the cops in a second. Like, there's no way I'm gonna be able to stop my dad from going to the police. I could never say anything to him.
MR. RASHBAUM: what happened next?
CHARLIE ADELSON: She asked me, she said, Well, can you pay, like -- can you pay, like, $3,000 a month?
And I said, Yeah. I can -- I can do that.
MR. RASHBAUM: Now, at this point in time, did you have any idea that she was part of the extortion?
CHARLIE ADELSON: No, no. She kept saying it was all her fault and that she didn't know any of this was gonna happen and that -- I mean, she was upset.
MR. RASHBAUM: What did she do next?
CHARLIE ADELSON: She took her purse, her keys, and her phone, and she's, like, I'm gonna go call my friend and see if -- see if this works for him. Then I'm gonna try to help you out.
And she walked out of the house, and -- my bedroom is right next to the front door. She walked out of my bedroom outside of the front door and closed the door behind her.
MR. RASHBAUM: When she went out of the house, what did you do?
CHARLIE ADELSON: I just paced around my house, and I remember sitting in the living room. I got a wood coffee table, and I was just sitting on the coffee table just in shock thinking what the fuck just happened.
MR. RASHBAUM: What happened when she came back in the house?
CHARLIE ADELSON: She came in the house, and she was being the good guy and telling me that she’s gonna look after me, and she's so sorry this happened -- the same thing she was saying beforehand -- and that she was gonna make sure that nobody pays me a visit.
And she's, like, I spoke to him. You can pay 3,000 a month, or you can pay the rest off. She goes, but the 3,000 a month you're paying doesn't go towards the balance.
MR. RASHBAUM: What did you do after she told you that?
CHARLIE ADELSON: I just -- I just said fine, and I walked downstairs into the kitchen, and I -- I was shaking, and I took a bar of Xanax.
MR. RASHBAUM: Where did you go?
CHARLIE ADELSON: And I walked outside from my kitchen through the sliders into the backyard. I closed the sliding glass door behind me. I think she got the picture I wanted to be alone. And I just sat outside behind my house for a while.
MR. RASHBAUM: Now, when you came back into the house, what was she like?
CHARLIE ADELSON: She was just apologizing and just telling me that her friend's crazy. And she's so sorry, and she ran her mouth too much about -- about everything and about the million-dollar offer. And she was telling me that she was gonna protect me.
MR. RASHBAUM: Did she take a Xanax as well?
CHARLIE ADELSON: I don't know if she did. She may have, but I didn't give her one.
MR. RASHBAUM: Did she spend the night that night?
CHARLIE ADELSON: She did sleep over that night.
MR. RASHBAUM: Why didn't you kick her out?
CHARLIE ADELSON: I was in -- I was in a state of shock, and I -- I didn't think she had anything to do with it. I didn't even want to believe that she had anything to do with it.
MR. RASHBAUM: When you came back in the house, what happened to you next?
CHARLIE ADELSON: The Xanax was really starting to set in. It was probably about a half hour I was outside. I remember going into the bedroom and sitting down. I sent a text to my parents to see if they were up in Orlando yet or where they were, and then I just -- I laid down in bed, and I passed out pretty soon after that.
MR. RASHBAUM: The next morning, when did she leave?
CHARLIE ADELSON: She left about 8:30 in the morning.
MR. RASHBAUM: And how was she in the morning? How was she acting?
CHARLIE ADELSON: She was apologizing and telling me how sorry she is, and she was blaming herself and saying, It's all my fault for running my mouth and telling my friend about this. And she was just telling me, like, she was gonna protect me and that I wasn't gonna get a visit from anybody.
MR. RASHBAUM: What did she -- did she tell you anything in particular before she left the house?
CHARLIE ADELSON: Yeah. She told me, Whatever you do, she said, Please don't tell anybody about what happened. Like, don't tell anybody about this. I don't -- never talk about this. Never talk about it on the phone. She said, Never call me up and start talking about this.
And she goes -- the last thing she said to me is, like, Can we -- can we just pretend like this never even happened?
MR. RASHBAUM: She leaves the house -- and we're gonna get into specifics.
But that day, July 19th, where do you go?
CHARLIE ADELSON: I don't leave the house. I was home all day.
MR. RASHBAUM: What were you thinking, and what were you doing when you were at home on the 19th?
CHARLIE ADELSON: I was -- I was sleeping a bunch. I think I took probably some more Xanax. Just trying to relax as I was just real upset.
MR. RASHBAUM: That morning did you speak with your parents and with wendi Adelson?
CHARLIE ADELSON: I did. I talked to my parents that morning.
MR. RASHBAUM: And what did you find out?
CHARLIE ADELSON: I found out that Dan had died.
MR. RASHBAUM: And why did you call Wendi Adelson?
CHARLIE ADELSON: Because, like, that was the first call I called after my parents told me that to see how she was, to see how the boys were.
MR. RASHBAUM: Now, you're home alone the entire day of the 19th. Did you think about going to the police?
CHARLIE ADELSON: I thought about it, but I thought I'm gonna get killed if I go to the police. It's not gonna bring Dan back. It just seemed like a bad idea.
MR. RASHBAUM: Over the days following, did you continue to go back and forth about whether to go to the police or not?
CHARLIE ADELSON: Every time I thought about it, I thought through what could happen to me and what would be the benefit versus -- the pros versus the cons.
MR. RASHBAUM: And why didn't you go to the police?
CHARLIE ADELSON: I thought if I went to the police that they'd kill me.
MR. RASHBAUM: Now, there are some text messages into evidence on the 19th, text messages between you and Katherine Magbanua. I think there's three of them. Do you recall those text messages?
CHARLIE ADELSON: Yes. We texted during the day.
MR. RASHBAUM: And there are text messages about the weather and pool --
CHARLIE ADELSON: Mm-hmm.
MR. RASHBAUM: -- and going -- and she -- and Katherine Magbanua going to the pool. Do you recall that?
CHARLIE ADELSON: Yeah.
MR. RASHBAUM: What are those text messages about?
CHARLIE ADELSON: I was trying to show her that I was -- that I was trying to pretend like this didn't even happen. Like, I think one of the texts said I'm going to the gym. I didn't go to the gym that day. My phone will show I never left my house.
MR. RASHBAUM: Now, you say that she said that you could pay all at once, or you could pay $3,000 a month. That that's what they -- that's what her friend would accept; right?
CHARLIE ADELSON: Yes.
MR. RASHBAUM: Did you think about paying it all at once?
CHARLIE ADELSON: I thought about it. I thought, you know, if I -- I'll do it, and it'll get these people out of my life forever. But then I thought, you know, this is extortion. One thing I know about extortion is it never ends. So if I paid it all at once, I thought it may even be more of a reason that they come kill me, or if I pay it all off, you're gonna come back and ask for more money.
MR. RASHBAUM: In the days following the extortion, did your sleeping habits change?
CHARLIE ADELSON: Yes.
MR. RASHBAUM: What did you start doing?
CHARLIE ADELSON: I slept with a gun in my nightstand ever since then, and I started carrying my gun on me also.
MR. RASHBAUM: I'm showing you what's marked for identification purposes only as Defendant's Exhibit 51 and Defendant's Exhibit 52.
MR. RASHBAUM: May I approach, Your Honor?
JUDGE EVERETT: You may.
BY MR. RASHBAUM:
MR. RASHBAUM: Take a look at those. Do you recognize those items?
CHARLIE ADELSON: I do.
MR. RASHBAUM: Judge, I would move Defendant's Exhibit 51 and 52 -- well, before I move in 52 --
BY MR. RASHBAUM
MR. RASHBAUM: 52 are some text messages. Are those text messages that you recognize that you kept in your ordinary course of dealings with text messages?
CHARLIE ADELSON: Yes, they are.
MR. RASHBAUM: I would move in at this time 51 and 52.
JUDGE EVERETT: Any objection from the State?
MS. CAPPLEMAN: I have not reviewed the exhibit, Your Honor.
JUDGE EVERETT: Please let Ms. Cappleman look at 51 and 52.
MS. CAPPLEMAN: No objection, Your Honor.
JUDGE EVERETT: Defense 51 and 52 are admitted at this time.
(Defendant's Exhibits 51 and 52 received in evidence.)
BY MR. RASHBAUM:
MR. RASHBAUM: Now, on July -- within 11 days after your extortion, did you do anything in particular to your house and to the Adelson Institute?
CHARLIE ADELSON: Yes, I did.
MR. RASHBAUM: What did you do?
CHARLIE ADELSON: A few days after it happened, I called up a camera guy, and I got a whole system set of cameras installed at my house and in my office and in my office, like, pointing out to the parking lot also.
MR. RASHBAUM: Judge, may I publish?
JUDGE EVERETT: You may.
BY MR. RASHBAUM:
MR. RASHBAUM: I'm showing you what's marked as ...
I'm showing you what's marked as Defendant's 51. Is this a check for the cameras?
CHARLIE ADELSON: Yes, it is.
MR. RASHBAUM: And how much did you pay for the camera system?
CHARLIE ADELSON: I paid $2,140.
MR. RASHBAUM: And what date was the check made out for?
CHARLIE ADELSON: 7/30/2014.
MR. RASHBAUM: And in the memo line, what does it say?
CHARLIE ADELSON: It says "camera."
MR. RASHBAUM: I'm showing you some text messages from a couple days earlier, and these are text messages between you and your parents and you and Camera Adrielle. who is Camera Adrielle?
CHARLIE ADELSON: Adrielle is the name of the guy who installed the cameras, so I just put his name in my phone as "Camera" so it's easy to look up. Camera Adrielle.
MR. RASHBAUM: And here are you indicating that you've put cameras in your house as well as The Adelson Institute?
CHARLIE ADELSON: Yeah. That's where -- that's why there's two DVRs. There was one for the house, and there was one for the office, and it was 23 cameras in total.
MR. RASHBAUM: why did you think it was so important to put all of a sudden a camera system in?
CHARLIE ADELSON: It was -- I was worried about my safety. I didn't -- I fully expected these people to come back and possibly try to kill me, so I just wanted to beef up my security system in the house and the office.
MR. RASHBAUM: Okay. I want to switch gears a teeny bit.
What was your sister like in the weeks following the murder?
CHARLIE ADELSON: She -- she was a wreck. I mean, she was -- she looked horrible. She didn't leave the house. She wasn't eating.
MR. RASHBAUM: Before we go on to that subject, I want to bring up one other thing about the cameras.
Are there text messages earlier in the year where your parents are asking you to put up cameras at the Adelson Institute?
CHARLIE ADELSON: We talked about it, and I actually had a camera system at my house. But it was older, and it was antiquated, and it didn't work really good. It was from, like, 2008, so the technology was six, seven years old.
MR. RASHBAUM: Those text messages earlier in the year to put up a camera system at the office, had you ever acted upon that?
CHARLIE ADELSON: No, no. We talked about it, but I never got around to it.
MR. RASHBAUM: It's not until within a week or so after you're extorted that you act upon that; correct?
CHARLIE ADELSON: Yeah. I called the camera guy about four -- three or four days after I got extorted, and then it took him, like, a week to get the cameras and to set up an appointment to install it.
MR. RASHBAUM: Let me ask you another question -- and we're gonna get to your mom learning what happened. But before we get there, after you were extorted, did you tell anyone about what happened to you?
CHARLIE ADELSON: No. I told nobody.
MR. RASHBAUM: why not?
CHARLIE ADELSON: Katie -- Katie told me before she left my house that morning, she's, like, You cannot talk to anybody about this. Don't ever talk about this with anyone. Don't ever talk on the phone about it. Don't even talk to me about this ever again. Like, nobody can find out, but I'm gonna protect you.
MR. RASHBAUM: Let's get back to Wendi.
CHARLIE ADELSON: Okay.
MR. RASHBAUM: So I think you said Wendi was a mess?
CHARLIE ADELSON: Yeah.
MR. RASHBAUM: Did there come a time when you went out to dinner with your sister?
CHARLIE ADELSON: Yes.
MR. RASHBAUM: And how long after the murder was that?
CHARLIE ADELSON: I'd say it was about -- about two weeks after. Maybe even a hair more. Around about two weeks.
MR. RASHBAUM: And what happened when you went out to dinner with her?
CHARLIE ADELSON: I picked her up. I said, What do you feel like getting? Do you want to get pizza? Do you want to get sushi?
And she's, like, I love sushi.
So I said, All right. I'‘'11 take you to this, like -- I'll take you to a really good place for sushi.
MR. RASHBAUM: Where did you go?
CHARLIE ADELSON: We went to a restaurant call Juvia, and it's a -- it's actually a pretty fancy sushi place.
MR. RASHBAUM: What happened during the dinner?
CHARLIE ADELSON: She got really sick. When we got to the place -- restaurant, we didn't have a reservation or anything. They sat us at the bar. They served -- they served us a drink at the bar. And I'm really sure it was almost like martinis that had, like, three shots in them, so they were strong. And then -- and then we sat at the dinner table.
MR. RASHBAUM: Were you drinking and celebrating the death of Professor Markel?
CHARLIE ADELSON: Absolutely not. We sat at the bar waiting for a table for an hour, and then when we sat at the table, we each had one drink.
MR. RASHBAUM: Now, I want to move on to August. well, before we get there -- sorry.
In July did you break up with Katherine Magbanua?
CHARLIE ADELSON: Yes.
MR. RASHBAUM: How did you break up with her?
CHARLIE ADELSON: This happened on a Friday night. I'd say within a week I met -- I said, Come, let's have dinner. And we went out for tacos. And I said, like, We can't do this anymore. I don't want to be in a relationship with you.
MR. RASHBAUM: How did she react?
CHARLIE ADELSON: I think she knew it was coming. I mean, jt was no surprise on her part.
MR. RASHBAUM: Now, in August did you see her?
CHARLIE ADELSON: I saw her one time in August.
MR. RASHBAUM: why did you see her in August?
CHARLIE ADELSON: I saw her one time in August to pay her $3,000 for her friend.
MR. RASHBAUM: when you paid her the money in August, how did you pay her?
CHARLIE ADELSON: I paid her $3,000 in cash.
MR. RASHBAUM: And at this point in time, did you know that she was actually part of the extortion?
CHARLIE ADELSON: No. I thought she was -- I thought she was not part of it. I was a little suspicious, but I -- she just kept telling me how sorry she was, and she was adamant that she had nothing to do with it and didn’t know this was gonna happen.
MR. RASHBAUM: When you gave her the cash in August, did she make any request of you?
CHARLIE ADELSON: Yes, she did.
MR. RASHBAUM: What request did she make?
CHARLIE ADELSON: She said, Look. None of this money is going to her. She's giving all the money to her friend.
She said, Can you do me a favor? I need to get health insurance for my kids. Like, I'm helping you out. Nobody's gonna ever pay you a visit. Can you give me $2,000 in cash for my friend and write me a check for $1,000 every month? And that way, she said, she'll cash it, give the money to her friend, and then that way she could get health insurance for her kids.
MR. RASHBAUM: Okay. So let's break that down a little bit. She says to you she needs health insurance for her kids?
CHARLIE ADELSON: Mm-hmm.
MR. RASHBAUM: And she says to you, I'm getting none of the money at all?
CHARLIE ADELSON: Yeah. She said none of this is going to her.
MR. RASHBAUM: But it would really help me if 1,000 of the $3,000 can be in the form of a -- of being on the books at your business --
CHARLIE ADELSON: Yes.
MR. RASHBAUM: -- essentially.
And were -- did you say to her, Katherine, we just did a murder. I can't put you on the books of the business ‘cause that creates a paper trail?
CHARLIE ADELSON: No. We didn't just do a murder. I just got extorted.
MR. RASHBAUM: Now, what did you say to her when she made you that request?
CHARLIE ADELSON: I said, I'll do it for you. No problem. I mean, I wanted to keep her happy.
MR. RASHBAUM: Now, before you did that for her, what did you have to do?
CHARLIE ADELSON: I had to call my mom because she does the books at the office. I don't even have the checkbook. And I called her up, and I said I want to put Katie on the payroll at the office for a thousand bucks a month.
MR. RASHBAUM: When you called your mom, what did she say to you?
CHARLIE ADELSON: She said, Is Katie gonna be coming into the office? Is she gonna start working for us?
And I said, No, she's not,
And then she's, like, well, what's Katie gonna be doing?
I, go, Oh, she's just gonna be helping me out with some stuff and different things. It's a long story.
And I think my mom was someplace when I was talking to her on her cell phone ‘cause she really didn't -- she didn't question me much after that.
MR. RASHBAUM: Did you make any special request to your mom about how the checks would be made?
CHARLIE ADELSON: Yes, I did.
MR. RASHBAUM: What was your request to your mom?
CHARLIE ADELSON: I said put them as, like -- give me, like, four or five checks at a time because I'm gonna -- I just want to hand them to her like that. So I said write me a bundle of checks at a time.
MR. RASHBAUM: why did you want your mom to give you a bundle of checks at a time?
CHARLIE ADELSON: Because I only planned on seeing her one time a month, and that was to make the extortion payment. So I figure if I gave her four or five checks each time, that's all I was -- that's all I planned on seeing her.
MR. RASHBAUM: Now, sometimes did you give her less than four or five checks at a time?
CHARLIE ADELSON: Not that I can recall.
MR. RASHBAUM: Okay. Now, did there come a time when you went to go pick up the checks from your mom?
CHARLIE ADELSON: Yes.
MR. RASHBAUM: And where did you go to pick up the checks?
CHARLIE ADELSON: I went to my parents’ apartment.
MR. RASHBAUM: And who was there when you came to pick up the checks?
CHARLIE ADELSON: My mom was there, and I don't think my dad was there at the time. He wasn't there at that time.
MR. RASHBAUM: Was he there or wasn't --
CHARLIE ADELSON: She was alone. There was no one else there.
MR. RASHBAUM: Now, when you went to go pick up the checks, what happened and what do you remember?
CHARLIE ADELSON: I remember walking in saying hi to my mom, and she's, like, Oh, the checks are over there on the counter like you asked for. And I saw there was a white envelope, and there was a stack of checks sitting there. And -- and she said, Is Katie -- what's Katie doing for you?
And I thought we'd already addressed it, but she's -- I'm, like -- she's working at the office?
And I'm, like, No. I told you she's not.
She's, like, well, $1,000 a month is a lot of money to pay somebody. And she's, like, What exactly is she doing for you?
And I said, It's a long story.
And then she said, Well, I'm your mom. Like, tell me. Like, don't just tell me it's a long story.
So this time she was like -- and I was face-to-face with her, and she was more persistent in asking me, you know, What the heck's going on? This makes -- are you still dating her?
And I'm, like, No. We're definitely not dating anymore.
She's like, Well, why are you giving her a thousand dollars a month? This makes no sense.”
MR. RASHBAUM: What happened next?
CHARLIE ADELSON: I told my mom -- you know, I wanted to tell somebody. Because if I get killed, at least somebody will know where to look or what it could have been about. So I wanted my mom to know what happened, but I also didn't want her saying anything to anybody.
So I told my mom, I said, Listen. I'm gonna tell you something, but I never want to talk about it again. I never want you to talk to me about it on the phone. Don't talk about it anywhere. And, please, whatever you do, do not say anything to Dad. Do not say anything to Wendi. Do not try to make me go to the police ‘cause I'm not going. You've gotta promise me all that, and then I'll tell you.
MR. RASHBAUM: And what did you tell your mom?
CHARLIE ADELSON: I told her that the night of the 18th I got extorted for a third of a million dollars.
MR. RASHBAUM: How did your mom react?
CHARLIE ADELSON: She -- she flipped out. She's, like, well, what do -- what do you mean? Like, you -- what is this about? Like, you know who killed Dan.
MR. RASHBAUM: What did she want to do?
CHARLIE ADELSON: She wanted to go to the police, and I --
MR. RASHBAUM: And what did you tell her?
CHARLIE ADELSON: I said, Absolutely not. I said, It's not gonna bring Dan back. You're just gonna end up getting me killed, or he'll come after somebody in the family.
MR. RASHBAUM: What was agreed upon between you and your mom that evening?
CHARLIE ADELSON: That she was never gonna say anything to anybody.
MR. RASHBAUM: How about to your dad?
CHARLIE ADELSON: That not my dad, not my sister.
MR. RASHBAUM: why were you so persistent with your mom that she couldn't tell your dad or your sister?
CHARLIE ADELSON: Because I thought they'd go to the police. I didn't think there would be any way to stop them. And these people told me -- I mean, I was told the night of the extortion, You got 48 hours to pay up or you're gonna get killed. I mean, these people were not messing around.
MR. RASHBAUM: Now, your mom gives you the checks, the first set of checks?
CHARLIE ADELSON: Yes.
MR. RASHBAUM: That day?
CHARLIE ADELSON: Yes.
MR. RASHBAUM: And do you remember what month that was?
CHARLIE ADELSON: That was in September.
MR. RASHBAUM: For the -- after she gave you those checks, would you -- would you periodically have to meet with your mom and get more checks?
CHARLIE ADELSON: Yeah, but not -- I didn't even realize the staff got paid biweekly, so they got their checks every two weeks. So when I'd asked her for four or five checks, I was thinking, like, that would be good for the month. I didn't realize that was gonna be, like, you know, eight, ten weeks.
MR. RASHBAUM: Did your mom bring this subject up again?
CHARLIE ADELSON: She would ask me, Are you okay? You know, she asked me, Do you need anything? She -- she said, Do you need money?
I'm, like, No. I don"t want you guys getting involved. It‘s bad enough that I'm involved in this.
MR. RASHBAUM: For the next 20 months, what did you do with regards to money and Katherine Magbanua?
CHARLIE ADELSON: Every single month I -- when I met her, I gave her $2,000 and the stack of checks to carry her forward.
MR. RASHBAUM: And, again, what did you think she was doing with those checks?
CHARLIE ADELSON: I thought she was cashing the checks and giving the $3,000 to her friend.
MR. RASHBAUM: Now, we've heard a lot about gifts. we've heard about a Lexus with 160,000 miles. we've heard about plane tickets. We've heard about, I guess, breast augmentation, but let's put that aside ‘cause I think that's a different category.
we've heard about a whole host of gifts regarding over the next 20 months you giving a bunch of gifts to Katherine Magbanua. Do you recall that testimony in this courtroom?
CHARLIE ADELSON: Yes, I do.
MR. RASHBAUM: The gifts that you gave to Katherine Magbanua, was that part of the extortion? Were those extortion payments?
CHARLIE ADELSON: No, not at all.
MR. RASHBAUM: What were the gifts?
CHARLIE ADELSON: The gifts was me trying to keep Katie happy. And I didn't think Katie was any part of this extortion at all because she was constantly broke. I mean, she was always -- she would be hitting me up for $300. I mean, there's no way that she was getting that $3,000 and then asking me for $300 or running short on this or running short on that or can't pay a car bill.
MR. RASHBAUM: So I want to make sure that we're crystal clear here. The fact that she was always saying she was broke, did that make you more certain or less certain that she was not part of the extortion?
CHARLIE ADELSON: It made me more certain that there's no way that she's -- she's involved and that she's telling truth. Extortion never went up. I mean, she could have -- she could have just raised the extortion payment instead of having to ask me for money. Every time she was asking me for money, I actually felt good. I felt like she wasn't part of it.
MR. RASHBAUM: May I have one moment, Your Honor?
JUDGE EVERETT: Take your time.
BY MR. RASHBAUM:
MR. RASHBAUM: Showing you Defendant’s Exhibit 56 and 57 for identification purposes only. And do you recognize these text messages?
CHARLIE ADELSON: I do.
MR. RASHBAUM: Is one of those text messages from December 2, 2014?
CHARLIE ADELSON: Yes, it is.
MR. RASHBAUM: And is one of them from November 25, 2015?
CHARLIE ADELSON: Yes, it is.
MR. RASHBAUM: Are these text messages -- do you recognize them as being kept in your ordinary course of business?
CHARLIE ADELSON: Yeah. I believe it's text messages from my phone.
MR. RASHBAUM: Judge, I would move in these exhibits at this point in time.
JUDGE EVERETT: Any objection?
MS. CAPPLEMAN: No objection.
JUDGE EVERETT: They are admitted at this time. Defendant's 56 and 57, I believe.
MR. RASHBAUM: Yes.
(Defendant's Exhibits 56 and 57 received in evidence.)
MR. RASHBAUM: May I publish, Your Honor?
JUDGE EVERETT: You may.
BY MR. RASHBAUM:
MR. RASHBAUM: The first message is from December 2, 2014, Defendant's Exhibit 56. And Katie is -- oh, boy.
JUDGE EVERETT: Just wait for it to refocus.
MR. RASHBAUM: We'll wait.
I'll do it a different way. I don't have to make everyone sick.
BY MR. RASHBAUM:
MR. RASHBAUM: Do you recall her asking for a favor that she needs to borrow from you in December of 2014?
CHARLIE ADELSON: Yes.
MR. RASHBAUM: Do you recall in November of 2015 she's talking about how she's embarrassed because her credit card was declined?
CHARLIE ADELSON: At Old Navy she said. Yeah.
MR. RASHBAUM: Now, as time went on -- well, let me back up.
After the extortion, you break up with her?
CHARLIE ADELSON: Yes.
MR. RASHBAUM: And you see her only once a -- once a month or so?
CHARLIE ADELSON: I believe it was once a month except for the occasion of maybe there's one other time, one or two times.
MR. RASHBAUM: Now, your communications with her in August and September and maybe the first part to most of October ‘14, through text messaging, do they dwindle, stay the same, or go up?
CHARLIE ADELSON: No. I was trying to have limited contact with her.
MR. RASHBAUM: And as time goes on, however, what happens to your relationship?
CHARLIE ADELSON: I become more sure that she's not part of the extortion at all, and really what I was going by is how broke she was. There's no way she got all this money and she's so broke, and she's still working, and ...
And then, you know, I just -- we became friendly again. You know, our relationship was very different, but it actually -- it was different but stronger because I needed her for my safety.
MR. RASHBAUM: Okay. And so you've seen some of the emails, and I'm sure the State will show you a bunch of these emails in cross-examination where it's clear in the emails that you're learning a lot about each other, you're texting each other somewhat, you're talking as if you're friends.
CHARLIE ADELSON: We were friends. We weren't boyfriend and girlfriend anymore. That ended. But she was protecting me.
MR. RASHBAUM: Now, during this entire period of time before the bump -- we're not at the bump yet.
During this entire period of time, did she ever tell you who was extorting you?
MR. RASHBAUM: Did you have a pretty good idea of who it was, though?
CHARLIE ADELSON: I did. I absolutely did.
MR. RASHBAUM: Okay.
MR. RASHBAUM: May I have one moment, Your Honor?
JUDGE EVERETT: Go ahead.
BY MR. RASHBAUM:
MR. RASHBAUM: Okay. We're gonna move topics now.
Before we get to the bump, yesterday we heard a call, which is S$X130, where your mom and you are showing your love for wendi's boyfriend, who she doesn't love, Dave. Do you recall that?
CHARLIE ADELSON: Dave, yeah.
MR. RASHBAUM: Was your mom involved in Wendi'‘'s life?
CHARLIE ADELSON: Yeah. She was involved, but -- I mean, she cared a lot about her. I mean, she's her mom.
MR. RASHBAUM: Now, during that call, you talk about how Professor Markel's death was a tragedy. Do you recall that?
CHARLIE ADELSON: Yes, I did.
MR. RASHBAUM: Did you have any idea at that point in time that you were being listened to by the police?
CHARLIE ADELSON: No, no idea. I was driving home. I was in the car for a long time, so I was just talking to my mom about everything.
MR. RASHBAUM: Now, during that call, there is some discussion about Wendi winning the lottery.
CHARLIE ADELSON: Mm-hmm.
MR. RASHBAUM: If you look at the context of the call in its entirety, what are you referring to?
CHARLIE ADELSON: I'm referring to meeting Dave. Dave was a one-of-a-kind-catch guy that I was -- I liked him a lot. I guess I liked him more than my sister did. But it was -- he was a great catch. He was super successful. He used to work for a government agency. Sold his company for a tremendous amount of money. But most importantly, like, he really loved my sister. He really loved my nephews who don't have a dad anymore.
And then -- even on that call, I was talking about, like, a 6-year-old farting on his head. I was over there, and the kid was farting on his head, and he laughed and it didn't bother him.
So I thought he was a great guy. He actually even met the Markels, Dan's parents, once with my sister when they were visiting the boys. I mean, he was just a great guy.
And it was my sister's birthday. That's why there was so much chatter caught about Dave because I don't think she was inviting him or something. So that's why he became a topic of conversation. And the wire was from April, and my sister's birthday is in April. So those are probably the most amount of Dave calls I've ever had in my life, but the FBI captured a bunch of Dave calls.
MR. RASHBAUM: By the way, I saw you got a little emotional there. Do you love your nephews?
CHARLIE ADELSON: Of course.
MR. RASHBAUM: would you ever take their father away from them?
CHARLIE ADELSON: No, never. Never in a million years.
MR. RASHBAUM: Judge, may I approach just briefly?
JUDGE EVERETT: You may.
(Sidebar conference was had on the stenographic record as follows:)
JUDGE EVERETT: Go ahead.
MR. RASHBAUM: I just wanted to give you a heads-up. So I'm about to get into the wires.
JUDGE EVERETT: Okay. Are you asking to put them on a break, then, before you start those?
MR. RASHBAUM: TI don't really care. I could use a break. But I'm about to get into wires, and I'm gonna be playing a bunch of the wires as well. So I don't know -- I certainly want to play the first three wires together, and they're probably about -- I don't know --
MS. CAPPLEMAN: A couple minutes each.
MR. RASHBAUM: They're a couple of minutes each, but there's a lot of questions on them. So it's probably about 20 or 30 minutes of questions on just the first three wires.
JUDGE EVERETT: All right. We'll take a break then at this point.
The State have anything that you need to address?
MS. CAPPLEMAN: No, Your Honor.
JUDGE EVERETT: Okay.
(Sidebar conference was concluded.)
JUDGE EVERETT: Members of the jury, we're going to take our lunch break at this point this morning.
Once again, you're going to receive the same instruction that you've gotten since jury selection. Do not discuss the case with each other or anyone else. Do not seek out any news coverage or any information pertaining to the case.
we will resume with the testimony of Mr. Adelson at 1:30. Please report back by 1:20.
(The jury exited the courtroom.)
JUDGE EVERETT: Mr. Adelson, you can return to counsel table. Everyone can be seated.
Mr. Rashbaum, so we have a better sense of timing on this, are you planning to go through all calls or just selected calls?
MR. RASHBAUM: I'm not planning on playing all calls. I am planning on going through a lot of calls, but not playing them all, and we probably will be adding one or two calls as well.
JUDGE EVERETT: Very well. Do you intend to finish with your direct by at least the mid-afternoon?
MR. RASHBAUM: How long was I up there right now?
JUDGE EVERETT: Let's say it took the morning.
MR. RASHBAUM: I have no idea, Your Honor. I anticipate this could go all day. But maybe it'll go -- maybe it'll -- it's going a little quicker than I had anticipated, to be honest with you. I know that's surprising. But I -- I would think it's gonna -- I would think that it's gonna go at least another -- no. It'll be a while. It may leak into tomorrow.
JUDGE EVERETT: All right. Unless either party has anything further to raise, we'll be in recess. Please report back at 1:20.
MR. RASHBAUM: Judge, may we actually approach sidebar again?
(Sidebar conference was had on the stenographic record as follows:)
JUDGE EVERETT: Go ahead.
MR. RASHBAUM: I don't have -- obviously don't have firsthand knowledge of this, but I'm being told by the people in my office that there are people behind the prosecution table; namely, one row behind the Markels, not the Markels, who are shaking their heads and --
JUDGE EVERETT: Gesturing in some way.
MR. RASHBAUM: Gesturing in some way. I obviously can't see it, but I wanted to notify the Court.
JUDGE EVERETT: That's fine. I'll let them know before they leave
(Sidebar conference was concluded.)
JUDGE EVERETT: I think they're already filing out. I'll just do it when everyone returns.
One last matter before we break. Mr. Rashbaum, the items that were not allowed in evidence, I will just make those Court exhibits so that way, if they need to be reviewed, the appellate court can review them in full.
MR. RASHBAUM: Fair enough.
MS. MEYERS: Court exhibits, Your Honor?
JUDGE EVERETT: Court exhibits.
(Recess taken.)
JUDGE EVERETT: Before we bring in the jurors, there was one thing that I needed to address with the gallery. I believe during the testimony there was some head shaking going on. This is precisely the thing that I advised everyone about before. Regardless of your own personal opinion of what is coming from the witness stand, do not make any gestures. Do not make any motions. Do not move your head in a way that would otherwise suggest you agree or disagree.
The jurors have to make up their minds based on the evidence. There cannot be any outside influence coming into that process. For anyone who cannot abide by this, the bailiffs are going to remove you. This is the last time I'm going to address this topic.
Mr. Rashbaum.
MR. RASHBAUM: Judge, two things. First of all, I just need one second to set up the computer.
JUDGE EVERETT: Go ahead.
MR. RASHBAUM: And also if we can approach on a new attempted exhibit.
JUDGE EVERETT: This is from the prior composite?
MR. RASHBAUM: Yes.
JUDGE EVERETT: You may.
MR. RASHBAUM: Judge, and this would be Defense Exhibit 58 if allowed in. I've givena copy to the State as well, and we've just taken portions of it that are quote, unquote, as the Court said, "relevant," although our prior objections we will keep for the record.
JUDGE EVERETT: Before I rule on this, I'm glad you brought that up because there was one additional matter I wanted to place on the record concerning the composites as well.
Given the composition of the jury, which contains certain members of a minority group which may find offensive the subject matter that was in part contained in those composites, this is in part the Court's ruling to protect the defendant from any unfair prejudice caused by either his words or the words of those communicated with him.
As to the new edited version, does the State have a position?
MR. RASHBAUM: Yes, Your Honor. I would raise the same objection: Hearsay and relevance. These are text messages offered to prove that the defendant didn't text about the murder. There's been no allegation that he texted about the murder. It's not challenged. It's been testified to. This is extrinsic evidence to prove that. It contains a great amount of irrelevant hearsay. So I would object.
JUDGE EVERETT: Mr. Rashbaum, were these statements ever inquired with Ms. Magbanua or specifically presented to her?
MR. RASHBAUM: The -- yes.
JUDGE EVERETT: Which ones?
MR. RASHBAUM: The ones about the fight the day before. The ones about the fight the day before. But not kind of. I think the short answer is not directly. They're not going to -- my argument wouldn't be towards impeachment. Our argument would be going towards state of mind, Your Honor, Charlie Adelson's state of mind.
I know that the State doesn*t want the jury to be able to see the evidence, but it's the exact same evidence that they have put in regarding --
JUDGE EVERETT: Save it for them.
MR. RASHBAUM: -- phone records.
JUDGE EVERETT: Your audience of one on this topic is also an attorney. I understand these matters.
All right. As to this specifically, the fight I will deem is admissible. The other portions I'm still going to sustain the objection as to relevance and hearsay.
The text on the fight, I believe this would be 7/18/2014 starting at 13:09, and then those would end at 18:20. The other portions, the prior ruling applies.
MR. RASHBAUM: Judge, may I make one additional argument for the record?
JUDGE EVERETT: Go ahead.
MR. RASHBAUM: So the State has put in a phone record in which they talk about a pattern of calls. These emails explain why there are those pattern of calls. These text messages explain that.
So, for instance, they bring in calls on their sheet -- their CDRs on the evening of the 16th, calls with Katherine Magbanua. Those calls relate to Mr. Adelson having dinner with Erika Johnson. It explains those calls.
Similarly, they bring in calls on the 17th and 18th that relate to these text messages. In other words, the text messages explain -- I'll give you an example.
"Call me ASAP," and then there's a call. Right. So it gives context to their very evidence. It explains to the jury why these calls are happening.
They're highly relevant, and to not allow it in, I think, is prejudicial against Mr. Adelson.
JUDGE EVERETT: AS it relates to the fight, I believe the 7/18 messages between himself and Ms. Magbanua cover that territory, do they not?
MR. RASHBAUM: They do. But their argument is gonna be that that's not what they're speaking about that night. The text messages are from the next day. All right. So --
JUDGE EVERETT: No one's going to be permitted on either side -- excuse me -- to present any factual issue out of proper context.
Now, I believe, as it's been presented already through the direct, your client testified to them having a fight. This otherwise demonstrates the state of mind and shows what was going on the day of the murder, which is relevant.
Getting further into the fight, which doesn't go to the elements or any other matter, why, again, is this relevant?
MR. RASHBAUM: It's relevant because they have a chart that shows that Charlie calls Katie at 12:45 in the morning -- I'm making up times. Katie calls Sigfredo at 12:50 in the morning. Charlie calls Katie. These text messages show what the calls are about.
Now, I -- sure, I was able to ask my client the question on the stand. These text messages are corroboration for him.
JUDGE EVERETT: Any further argument, Ms. Cappleman, as to context for the 7/16 text?
MS. CAPPLEMAN: Argument that the text messages show what the content of a phone call was?
JUDGE EVERETT: The context of what was happening on 7/16.
MS. CAPPLEMAN: No, sir. I don't think we're disputing that they appear to have had an argument on 7/16. I don't remember that being an issue in the case, so I'll stick with my prior objections.
JUDGE EVERETT: All right. Over the State's objection, the texts between the defendant and Ms. Magbanua will be admitted on 7/18. As far as the other texts, the Court is not going to admit them on grounds of relevance and hearsay.
Any other matters to address before the jurors come in?
MS. CAPPLEMAN: Not from the State, Your Honor.
JUDGE EVERETT: Mr. Rashbaum.
MR. RASHBAUM: I don't think so, Your Honor.
JUDGE EVERETT: Please bring in the jurors.
MR. RASHBAUM: Should I have Mr. Adelson take the stand first?
JUDGE EVERETT: Yes. Come on up, Mr. Adelson.
(The jury entered the courtroom.)