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Charlie Adelson trial-day trial-day Georgia CapplemanDan Rashbaumjury_instructionsclosing_argumentrebuttal_closingverdictDay 8 - November 6, 2023 Day 8 moved from final jury instructions through competing closing arguments to a unanimous guilty verdict on all three counts — first-degree murder, conspiracy to commit first-degree murder, and solicitation to commit first-degree murder — ending with Charlie Adelson remanded into custody pending sentencing.
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Day 8 - November 6, 2023

Closing Arguments, Jury Instructions, and Verdict — Guilty on All Three Counts

Judge Stephen S. Everett
6 Proceedings
4 Pages
0 Witnesses
1,637 Lines
Day 8 of 8
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Day 8 moved from final jury instructions through competing closing arguments to a unanimous guilty verdict on all three counts — first-degree murder, conspiracy to commit first-degree murder, and solicitation to commit first-degree murder — ending with Charlie Adelson remanded into custody pending sentencing.

Full day summary

The final day of the Charlie Adelson trial opened with minor corrections to the jury charge — removing "or attempted" language, fixing a typographical reference to "indictment," and stripping lesser-included-offense options that both sides had already waived — before Judge Everett read the full three-count jury instructions. The charge included a principal-by-payment instruction naming Sigfredo Garcia and Luis Rivera by name, translating the prosecution's core theory into the legal standard the jury would carry into deliberations. The accomplice-witness caution instruction directed jurors to scrutinize testimony from witnesses who claimed to help commit the crime, received immunity, or sought favorable treatment — a standard squarely applicable to Rivera and Katherine Magbanua. Prosecutor Georgia Cappleman's closing argument synthesized the state's evidentiary record through a single organizing frame: each defense explanation may seem plausible in isolation, but the accumulation of coincidences collapses when the jury steps back and evaluates them together. She walked through the Adelson family's relocation campaign, the phone-record pattern linking Charlie to Magbanua to Garcia to Rivera at every key event, and the Dolce Vita wiretap at length — reading passages in which Charlie contemplated further violence, coached Magbanua on handling the undercover, and expressed confidence his professional status would insulate him. She presented a six-point behavioral contrast between his aggressive, threatening response to the FBI-monitored meeting and the passive submission he claimed during the alleged earlier extortion. She closed by walking the principal-liability instruction and urging jurors not to compromise by convicting only on the lesser counts when the murder had actually been accomplished and paid for. Defense counsel Dan Rashbaum anchored his argument in a single counter-narrative: Magbanua orchestrated an extortion scheme and exploited her position as Garcia's girlfriend to fabricate a murder-for-hire story. He argued that the Adelsons would never have permitted a murder on days when Wendi's children were present, that Garcia had violently threatened Charlie only 17 days before the killing — making him an implausible paid hitman — and that the monthly payment structure matched extortion, not a murder contract. He disclosed that a wiretapped call the prosecution stopped playing two minutes early would have shown Charlie privately describing Markel's death as "a tragedy" and saying Markel was "not replaceable," arguing the jury was shielded from unguarded exculpatory content. He cited Rivera's own cross-examination admission — that the crime "could have been an extortion" — as the clearest statement of reasonable doubt from a prosecution witness, and asked for not guilty verdicts on all three counts. Cappleman's rebuttal addressed the defense's arguments in turn, re-centering on the legal standard for reasonable doubt, offering arrogance as the explanation for why Charlie would accept any risk to his life, reading back Wendi Adelson's hedged trial testimony as a familial refusal to vouch for the extortion story, and dismantling the fear narrative by noting Charlie had continued sending love notes and a vacation gift card to Magbanua after the alleged extortion. She closed by quoting Charlie's own recorded words — "as long as you keep your mouth shut, you can get away with murder" — and argued that his decision to take the witness stand gave the jury additional credibility grounds to weigh. After deliberation guidance and dismissal of alternates, the twelve jurors were escorted to the jury room. They returned with unanimous guilty verdicts on all three counts. Judge Everett polled all twelve jurors individually; each confirmed the verdict. Charlie Adelson was immediately remanded into custody. The court ordered a pre-sentence investigation report, set a December 12 case management date, and permitted the Markel family to deliver victim impact statements by Zoom at sentencing.

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1. Jury Instructions

Final jury instructions for three murder-for-hire counts, preceded by minor agreed corrections to the instruction packet.

Procedural
Pre-Deliberation Jury Instruction Corrections

Defense raises three minor corrections to jury instructions before deliberations; all accepted without objection; prosecution provides jury-room laptop.

Jury Instruction
Final Jury Instructions — Three Counts of Murder-for-Hire Conspiracy
140 lines

Judge Everett delivered final jury instructions on first-degree murder, conspiracy, and solicitation, including a principal-by-payment instruction and a caution to scrutinize testimony from a witness who claimed to help the defendant, received immunity, or hoped for favorable treatment.

Highlights

2. Closing Arguments

Closing arguments from both sides fill Day 8: prosecutor Cappleman synthesizes the state's case around phone records, the Dolce Vita wiretap, and the payment chain; defense attorney Rashbaum advances the extortion counter-narrative and highlights Rivera's cross-examination concession; Cappleman returns with a rebuttal targeting the extortion theory's internal inconsistencies before the matter goes to the jury.

Closing
Closing Argument - Georgia Cappleman Georgia Cappleman
549 lines

Chief Assistant State Attorney Georgia Cappleman delivered the State's closing argument, tying the Markel-Adelson custody and relocation fight to a chain of calls, records, payments, and covert recordings, rebutting the defense's extortion theory point by point, and asking the jury for a verdict of guilty as charged.

Procedural
Break — Defense Setup for Closing Argument

Brief recess for defense counsel to set up before closing argument.

Closing
Closing Argument - Dan Rashbaum Dan Rashbaum
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Defense attorney Rashbaum delivers the defense closing, cataloguing 'puzzle pieces that don't fit' around his extortion counter-narrative: Magbanua orchestrated the killing independently, then extorted Charlie on the night of the murder, and Charlie's payments and cautious wire conduct reflect a frightened victim, not a conspirator.

Rebuttal
Rebuttal Closing - Georgia Cappleman Georgia Cappleman
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Prosecutor Georgia Cappleman answers the defense closing point by point in the State's rebuttal, arguing the record contradicts the extortion theory, conceding that Katherine Magbanua has lied while asking jurors to test her account against the other evidence, and asking for a verdict of guilty as charged.

Highlights

Closing Argument - Georgia Cappleman “Dr. Adelson on this recording is the real Dr. Adelson.” — Georgia Cappleman States the prosecution's credibility argument that the covertly recorded defendant should be believed over his controlled courtroom testimony. Closing Argument - Georgia Cappleman evidence event Cappleman read passages from the Dolce Vita recording in which the defendant said that if Garcia could not handle the undercover he would find someone else who could, and referred to what he would do if his family were threatened; she told jurors that she and the defendant had agreed on the stand about what that phrase meant. Closing Argument - Dan Rashbaum “Occam's Razor — that proposition that the simple answer is the preferred answer — is the exact opposite of what our criminal justice system is about.” — Dan Rashbaum Rashbaum's core rhetorical frame for the entire closing: positions the prosecution's inference-based theory as a logical shortcut incompatible with the presumption of innocence and the reasonable doubt standard. Closing Argument - Dan Rashbaum testimony highlight Rashbaum highlights that Sigfredo Garcia tried to run Charlie off the road and left a voicemail threatening to kill him just 17 days before the murder, framing it as a fundamental structural contradiction in the prosecution's co-conspirator theory: a man who wanted to kill Charlie would not simultaneously carry out a hit for him. Closing Argument - Dan Rashbaum evidence event Rashbaum discloses that State's Exhibit 130 — a wiretapped call played 21 months after the murder — was stopped two minutes before Charlie privately described Markel's death as 'a tragedy' and said Markel was 'not replaceable,' arguing the prosecution deliberately withheld exculpatory unguarded wiretap content from the jury. Closing Argument - Dan Rashbaum testimony highlight Rashbaum frames Rivera's cross-examination concession — that the crime could have been an extortion and that Magbanua could have lied to him too — as the definitive reasonable doubt moment: the prosecution's own cooperating hitman could not rule out the defense's central counter-narrative. Closing Argument - Dan Rashbaum “When asked, "Could this have been an extortion and not a murder for hire? Could they have lied about that to you too?" his answer was yes.” — Dan Rashbaum Rashbaum cites Rivera's cross-examination admission — the prosecution's own cooperating hitman acknowledging the extortion theory was possible — as the clearest single statement of reasonable doubt in the trial. Rebuttal Closing - Georgia Cappleman “So I'm not desperately trying to pound a puzzle piece into y'all that Wendi made the call to say it's done. I don't know that. I can't prove that.” — Georgia Cappleman The prosecutor draws an explicit limit around what the State claims the cell-site evidence establishes. Rebuttal Closing - Georgia Cappleman other Cappleman argues the defendant never came forward with the extortion account after the arrests, during the three years Magbanua awaited trial, after her conviction, or after his own arrest, and that it was first heard in an opening statement in this courtroom. Rebuttal Closing - Georgia Cappleman other Cappleman closes by telling jurors not to guess or assume, noting the defendant took the stand and his credibility is theirs to assess, and asking for a verdict of guilty as charged. Rebuttal Closing - Georgia Cappleman “But don't let the way the defendant thought he would get away with this be the reason he gets away with it.” — Georgia Cappleman Ties the State's arrogance theme to the jury's decision in the rebuttal's closing appeal.

4. Verdict

The jury returned unanimous guilty verdicts on all three counts — first-degree murder, conspiracy to commit first-degree murder, and solicitation to commit first-degree murder. All twelve jurors confirmed the verdicts individually on polling. Judge Everett remanded Charlie Adelson into custody and set a case management date of December 12.

Verdict
Verdict
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The jury returned unanimous guilty verdicts on all three counts against Charlie Adelson — first-degree murder, conspiracy, and solicitation — ending the third Dan Markel murder-for-hire trial. All twelve jurors confirmed the verdict on polling. Adelson was immediately remanded pending sentencing.

Highlights

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