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Dan Markel — Case Archive
Donna Adelson trial-day trial-day Georgia CapplemanSarah Kathryn DuganJackie L. FulfordJoshua D. ZelmanCraig IsomDavid SimsAnthony ClarkJoanne MalteseJames GeigerLuis Riverajury_instructionsopening_statementdirectcrossredirectDay 1 - August 22, 2025 Judge Everett reads the charges and instructs the jury before the State and defense deliver opening statements outlining competing theories of Donna Adelson's role in Dan Markel's 2014 killing, followed by crime-scene, forensic, and investigative testimony and the direct and cross-examination of cooperating co-defendant Luis Rivera, who describes driving the car and watching Sigfredo Garcia shoot Markel.
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Day 1 - August 22, 2025

Jury Charged, Opening Statements, and First Witnesses Including Luis Rivera

Judge Stephen S. Everett
17 Proceedings
8 Pages
6 Witnesses
2,409 Lines
Day 1 of 9
Appearing:
Georgia Cappleman Sarah Kathryn Dugan Jackie L. Fulford Joshua D. Zelman Craig Isom David Sims Anthony Clark Joanne Maltese James Geiger Luis Rivera

Judge Everett reads the charges and instructs the jury before the State and defense deliver opening statements outlining competing theories of Donna Adelson's role in Dan Markel's 2014 killing, followed by crime-scene, forensic, and investigative testimony and the direct and cross-examination of cooperating co-defendant Luis Rivera, who describes driving the car and watching Sigfredo Garcia shoot Markel.

Full day summary

Trial opens with Judge Everett formally charging the jury on the three counts against Donna Adelson - first-degree murder, conspiracy, and solicitation - and instructing on the indictment's non-evidentiary status and the defendant's right not to testify. Prosecutor Sarah Kathryn Dugan's opening statement previews the State's case: a motive built on the denied 2013 relocation ruling and family emails, a physical and financial trail connecting a Prius seen fleeing the scene to Sigfredo Garcia, Luis Rivera, and Katherine Magbanua, an alleged 2016 undercover "bump" operation, and a recorded meeting between Charlie Adelson and Magbanua. Defense counsel Jackie Fulford's opening concedes the State can prove Garcia shot Markel, Rivera drove and supplied the gun, Magbanua arranged the contract, and Charlie Adelson paid Magbanua from cash in his safe, but argues the evidentiary chain does not extend to Donna Adelson and that the relocation dispute was already resolved before the killing. The State then calls neighbor James Geiger, who describes seeing a light-colored Prius leave Markel's driveway and finding him shot; Sergeant David Sims, first officer on scene; forensic specialist Joanne Maltese, who describes the scene and evidence including a stippling mark; and medical examiner Dr. Anthony Clark, who testifies to two gunshot wounds and rules the death a homicide caused by close-range gunfire. A lengthy exhibit dispute over a composite email exhibit produces several evidentiary rulings, including a redaction for a racially charged reference and deferred admission of items pending foundation. Detective Craig Isom testifies to the post-shooting investigation, contested divorce and relocation history, financial records, surveillance and toll evidence tracing the getaway vehicle to Rivera and Garcia, and Adelson Institute checks signed by Donna Adelson to Magbanua with no documented job duties; cross-examination challenges email attribution from a shared account and elicits that Isom found no direct financial benefit to Donna Adelson. Cooperating witness Luis Rivera then testifies that Garcia recruited him, that he understood the killing was meant to let Wendi Adelson gain custody of her children, and that he drove the rental car while Garcia shot Markel through the driver's-side window, later receiving a stapled cash payment; on cross-examination Rivera confirms he did not know of any involvement by Donna or Harvey Adelson.

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1. Preliminary Jury Instructions — Charges, Trial Procedure, and Juror Conduct

Judge Everett opens proceedings by reading the preliminary jury charge, identifying the three counts against Donna Adelson — first-degree murder, conspiracy to commit first-degree murder, and solicitation to commit first-degree murder — and instructing jurors on their constitutional roles, the defendant's absolute right to remain silent, and the prohibition on outside research and electronic communication during trial.

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Jury Instruction
Preliminary Jury Instructions — Charges, Trial Procedure, and Juror Conduct
72 lines

Judge Everett delivers standard preliminary instructions to the jury, announcing the three charges against Donna Adelson, explaining the distinct roles of judge and jury, and establishing rules on communication, note-taking, and the defendant's right to remain silent.

Highlights

Preliminary Jury Instructions — Charges, Trial Procedure, and Juror Conduct procedural action Judge Everett formally reads the three charges — first-degree murder, conspiracy, and solicitation — to the jury and instructs them that the indictment is not evidence of guilt.

2. Opening Statements

Opening statements from both sides in the fourth and final Markel conspiracy trial, with the prosecution framing Donna Adelson as the controlling figure whose motive and financial reach drove the murder, and the defense conceding the guilt of prior defendants while arguing the evidentiary chain never reaches Donna.

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Opening
Opening Statement - Sarah Kathryn Dugan Sarah Kathryn Dugan
187 lines

Assistant State Attorney Sarah Kathryn Dugan opens for the State, previewing a case that Donna Adelson joined a conspiracy to have her former son-in-law Dan Markel killed in 2014, and outlining the motive, phone-and-car, and money evidence the State says it will present.

Procedural
Brief Recess — Jury Break After Opening Statements

Brief recess until 10:20 between the State's and defense's opening statements.

Opening
Opening Statement - Jackie L. Fulford Jackie L. Fulford
98 lines

Defense attorney Jackie Fulford concedes the murder chain through Garcia, Rivera, Magbanua, and Charlie Adelson while arguing the state has only theory and motive — not evidence — that Donna Adelson ordered or planned the killing.

Highlights

Opening Statement - Sarah Kathryn Dugan other Dugan introduces herself and the defendant and states the State's central allegation: that Donna Adelson joined a conspiracy to hire a hitman to kill Dan Markel, with her son Charlie Adelson as the alleged means. Opening Statement - Sarah Kathryn Dugan “And the reason that we're here today is because this defendant, Donna Adelson, was part of a conspiracy to hire a hitman to kill her former son-in-law, Dan Markel.” — Sarah Kathryn Dugan States the prosecution's core allegation at the outset of its opening. Opening Statement - Sarah Kathryn Dugan other Dugan previews the FBI-recorded Dolce Vita meeting between Charlie Adelson and Katherine Magbanua, including statements about proving crimes, instructions for handling the blackmailer, and an offer the State says shows willingness to pay to have him killed. Opening Statement - Jackie L. Fulford admission Defense makes a strategic concession of the full murder chain: Garcia shot Markel, Rivera drove and supplied the gun, Magbanua arranged the contract, and Charlie Adelson paid approximately $130,000–$138,000 from his safe the day after the murder — explicitly arguing proof stops before reaching Donna. Opening Statement - Jackie L. Fulford other Fulford delivers her core evidentiary challenge: the state's matriarch-mastermind narrative is characterized as eleven years of theory and media speculation — including true-crime specials jurors admitted watching during voir dire — rather than evidence tying Donna to planning, ordering, or funding the murder. Opening Statement - Jackie L. Fulford “This case is really a lot about theory and motive and not evidence.” — Jackie L. Fulford The defense's central thesis, delivered immediately after conceding the state can prove the murder chain through Charlie Adelson — framing what remains as an inference gap the state cannot close with direct evidence tying Donna to the conspiracy.

3. James Geiger — Direct/Cross

James Geiger, a nearly 50-year resident of Trescott Drive, testifies about the morning of July 18, 2014: hearing a loud pop, watching a light-colored Prius speed away from Markel's driveway, and finding Markel unresponsive in his car with the driver's side window shattered. Multiple exhibits are admitted and the 911 call is partially played. Defense waives cross-examination.

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Direct
James Geiger Georgia Cappleman
141 lines

Neighbor James Geiger, the trial's first witness, testifies that on the morning of July 18, 2014 he heard a loud bang, saw a light-colored Prius speed away from Dan Markel's driveway, and — after a second trip next door — found Markel bleeding and unresponsive in his running car, prompting his 911 call.

Cross
James Geiger Jackie L. Fulford
6 lines

Defense waives cross-examination of neighbor James Geiger; he is released from his subpoena without challenge.

Highlights

James Geiger - Direct testimony highlight Geiger describes seeing a light-colored Prius rapidly back out of Markel's driveway and speed off toward Benton Road immediately after the noise. James Geiger - Direct “It appeared to be a Prius, a light-colored Prius, maybe silver or white.” — James Geiger Geiger's on-scene description of the fleeing vehicle, the case's earliest eyewitness account of a car leaving Markel's driveway right after the shooting.

4. David Sims — Direct/Cross

Retired TPD Sergeant David Sims, first officer on scene at 2116 Trescott Drive on July 18, 2014, describes self-responding to the call, finding Dan Markel unresponsive in his vehicle with a broken driver's-side window, and observing Markel's personal effects — broken eyeglasses, a cell phone in his left hand, and a business card in his right. Three photographs of the vehicle (State's Exhibits 8–10) are admitted and published. Defense waives cross-examination.

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Direct
David Sims Georgia Cappleman
72 lines

Retired TPD Sergeant David Sims, first officer on scene at Dan Markel's Trescott Drive home, testifies to finding Markel unresponsive and gasping in his running car with a broken driver's side window; a safety search of the house found no signs of robbery or struggle.

Cross
David Sims Jackie L. Fulford
5 lines

Defense waives cross-examination of retired TPD Sergeant David Sims; he is released from his subpoena without objection.

5. Joanne Maltese — Direct/Cross

Retired TPD forensic specialist Joanne Maltese describes her July 18, 2014 crime scene response: no fingerprints of value recovered from the vehicle exterior, Markel's wallet found intact in the glove box, and a dark forearm mark Maltese described as consistent with stippling at the hospital. The defense waived cross-examination.

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Direct
Joanne Maltese Georgia Cappleman
147 lines

Retired TPD forensic specialist Joanne Maltese describes physical evidence she documented and collected at Markel's home and hospital, including broken eyeglasses, shattered driver's-side window glass she said was consistent with a gunshot, and hospital photographs of a forearm area she said was consistent with stippling.

Cross
Joanne Maltese Joshua D. Zelman
3 lines

Defense declines to cross-examine retired TPD forensic specialist Joanne Maltese; she is released without challenge.

6. Anthony Clark — Direct/Cross

Forensic pathologist Dr. Anthony Clark testifies to Dan Markel's autopsy findings — two gunshot wounds, defensive arm movement, cause and manner of death — before the defense waives cross-examination and Judge Everett instructs Donna Adelson to control her emotional reactions in front of the jury.

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Direct
Anthony Clark Georgia Cappleman
135 lines

Medical examiner Dr. Anthony Clark testifies to performing Dan Markel's autopsy on July 19, 2014, establishing two gunshot wounds, a reconstructed shot sequence (first shot through the closed car window stunned Markel; second forehead shot was not survivable), close-range fire measured in inches, and a defensive arm raise indicating Markel was aware of the attack. Cause of death: gunshot wounds of the face and head. Manner of death: homicide.

Cross
Anthony Clark Joshua D. Zelman
4 lines

Defense waives cross-examination of medical examiner Dr. Anthony Clark; the judge dismisses him and grants the state's request for a lunch recess.

Procedural
Judge Everett Warns Donna Adelson to Control Emotional Reactions

Judge Everett dismisses the jury for lunch, then delivers an on-record warning to Donna Adelson to control her head movements, facial expressions, and emotional outbursts during testimony.

Highlights

Anthony Clark - Direct testimony highlight Clark identifies true gunpowder stippling on Markel's forehead — distinct from pseudo-stippling caused by shattered window glass — and concludes the gun muzzle was inches from Markel's head when the fatal shot was fired. Anthony Clark - Direct ruling Clark states his formal conclusions — cause of death: gunshot wounds of the face and head; manner of death: homicide — and the state rests its examination. Anthony Clark - Direct “Homicide.” — Anthony Clark The medical examiner's formal manner-of-death finding, establishing the legal predicate for the murder-for-hire charges against Donna Adelson.

7. Craig Isom — Direct/Cross/Redirect

Judge Everett rules on disputed sub-exhibits within State's composite email Exhibit 64, then retired TPD detective Craig Isom begins direct testimony on the Markel-Adelson divorce dispute, financial records, and records tracing a Prius to Rivera and a number associated with Garcia, while Isom identifies Magbanua as the connection investigators found between them and the Adelson family.

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Procedural
OJP — Contested Admissibility of Composite Email Exhibit 64

Outside the jury's presence, Judge Everett addresses seven disputed email items or sub-items, permits several subject to foundation, orders one redaction, and leaves 64HH, 64II, and AA.1 dependent on further foundation.

Direct
Craig Isom Georgia Cappleman
151 lines

Retired lead detective Craig Isom testifies about approaching Wendi Adelson hours after Dan Markel's shooting and about a contentious divorce and relocation request, while foundation and hearsay objections interrupt the State's effort to connect divorce-filing and email exhibits to Donna Adelson.

Procedural
OJP — Foundation Objection to Exhibit 64-AA (Shared Email Address)

Outside the jury's presence, defense objects to Exhibit 64-AA on foundation grounds — Donna and her husband shared the email address, leaving attribution unclear — and the judge defers that portion pending Wendi Adelson's testimony while clearing the remaining Isom exhibits without objection.

Direct
Craig Isom Georgia Cappleman
439 lines

Detective Craig Isom continues direct examination with emails the State uses for its custody-relocation motive theory, figures for Markel's insurance and estate, surveillance and records tracing a Prius to Rivera and Garcia, and an Adelson Institute subpoena that produced checks to Magbanua but no ordinary employment records; every produced check bore Donna Adelson's signature.

Cross
Craig Isom Joshua D. Zelman
135 lines

Defense cross-examination of lead detective Craig Isom challenges email attribution in State's Exhibit 64 — walking Isom through multiple emails displaying Harvey Adelson as sender — extracts a concession that Donna received no financial benefit from Markel's death, and neutralizes the Charlie attorney phone call by confirming it was Charlie's lawyer, not Donna's, who called within minutes of Magbanua's arrest.

Redirect
Craig Isom Georgia Cappleman
23 lines

On redirect, Cappleman asks Isom about signatures on emails from the shared account. Isom confirms a May 3, 2013 message containing the relocation phrase is signed “Mom” and another message is signed “Mom and Dad.” The signatures bear on attribution but do not independently establish authorship.

Highlights

OJP — Contested Admissibility of Composite Email Exhibit 64 ruling Judge Everett admits State's Exhibit 64A (March 2011 email) over defense relevance objection, citing the defendant's consistent animus toward the deceased or his family; grants defense request for a limiting instruction scoped to that purpose. OJP — Contested Admissibility of Composite Email Exhibit 64 “State's theory includes that Mrs. Adelson hated all things Dan Markel, and all things Dan Markel needed to be erased from these children's lives, including the grandparents.” — Georgia Cappleman Cappleman's clearest on-record articulation of the prosecution's motive theory — that Donna Adelson's hostility encompassed not just Markel personally but everything associated with him, including his parents' access to her grandchildren. Craig Isom - Direct (Continued) evidence event Investigation into Katherine Magbanua's compensation from the Adelson Institute finds no job description, application, schedule, timesheet, W-2, or performance record — only consecutively numbered checks, all signed by Donna Adelson, beginning shortly after the murder and continuing until after a 2016 undercover operation.

8. Luis Rivera — Direct/Cross

Prosecutor Georgia Cappleman calls cooperating witness Luis Rivera, who pleaded guilty to second-degree murder and testifies to his role in the Markel killing alongside Sigfredo Garcia; defense attorney Jackie Fulford then cross-examines him on his account and prior photo-array identifications.

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Procedural
OJP — Exhibit 60 Foundation Clarification

Brief out-of-jury clarification on the admission status of State's Exhibit 60 (custody/divorce pleadings): judge confirms Exhibit 64 is admitted except sub-exhibit AA, rules Exhibit 60 not yet admitted pending foundation, and permits the state to complete that foundation during its case in chief.

Direct
Luis Rivera Georgia Cappleman
484 lines

Cooperating co-defendant Luis Rivera, who pleaded guilty to second-degree murder for driving the car during Dan Markel's killing, testifies in detail about his recruitment, the two Tallahassee trips, the shooting itself, and the cash payment he received, while stating he never had contact with any member of the Adelson family and did not know Charlie Adelson allegedly kept a safe of money to help fund the murder.

Cross
Luis Rivera Jackie L. Fulford
97 lines

Defense counsel Jackie Fulford has Rivera confirm his relayed understanding that Wendi Adelson was the woman who wanted Dan Markel killed and his prior markings indicating that, as far as he knew, Donna and Harvey Adelson were not involved.

Highlights

Luis Rivera - Direct testimony highlight Rivera recounts an aborted first trip to Tallahassee in June 2014, during which he and Garcia followed Markel but did not go through with the killing because Markel's children were present. Luis Rivera - Direct testimony highlight Rivera testifies that on the second trip he drove the rented Prius into Markel's driveway, and Garcia got out and shot Markel twice through the driver's-side window; Rivera says he did not want to be the one to shoot. Luis Rivera - Direct “Well, I pulled up right behind him and Garcia jumped out and shot him.” — Luis Rivera Direct eyewitness account of the shooting itself, delivered by the driver present at the scene. Luis Rivera - Direct testimony highlight Rivera describes the aftermath: Garcia's call to Magbanua confirming the job was done, disposal of the murder weapon in water on the drive back to Miami, and collecting a $35,000 payment the next morning in cash stapled into $1,000 bundles. Luis Rivera - Cross testimony highlight Rivera confirms that he marked Donna and Harvey Adelson with X's on the same exhibit, testifying that, as far as he knew, neither was involved. Luis Rivera - Cross “I asked you, as far as you know, were they involved in any of this? And you said no, correct?” — Jackie L. Fulford Central exculpatory exchange: Rivera affirms that, to his knowledge, Donna and Harvey Adelson were not involved in the killing.
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