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Dan Markel— Case Archive
Donna Adelsontrial-daytrial-dayGeorgia CapplemanSarah Kathryn DuganJackie L. FulfordJoshua D. ZelmanCraig IsomDavid SimsAnthony ClarkJoanne MalteseJames GeigerLuis Riverajury_instructionsopening_statementdirectcross_waivedcrossredirectDay 1 - August 22, 2025Opening statements framed competing accounts of Donna Adelson's alleged role, followed by crime-scene and medical testimony about Dan Markel's shooting. Luis Rivera later testified under a cooperation agreement about the surveillance, shooting, and payment he described.
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Day 1 - August 22, 2025

Opening Statements, Crime-Scene Testimony, and Rivera's Account

Judge Stephen S. Everett
24Proceedings
8Pages
6Witnesses
2,516Lines
6Sidebars
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

Opening statements framed competing accounts of Donna Adelson's alleged role, followed by crime-scene and medical testimony about Dan Markel's shooting. Luis Rivera later testified under a cooperation agreement about the surveillance, shooting, and payment he described.

Full day summary

Judge Stephen Everett instructed jurors on the charges, the State's burden of proof, and restrictions on outside discussion and research. Before the jury entered, he also preserved a limited opportunity for the defense to proffer questions for Wendi Adelson outside the jury's presence after her testimony. In opening statements, the State alleged that Donna Adelson joined a murder-for-hire conspiracy following the custody and relocation dispute involving Dan Markel. The defense argued that the evidence would not establish that Donna Adelson planned, solicited, or financed the killing. James Geiger and retired Sergeant David Sims described the response at Markel's driveway after the shooting. Forensic specialist Joanne Maltese discussed crime-scene processing, and medical examiner Anthony Clark testified that Markel died from gunshot wounds of the face and head, with the manner of death classified as homicide. The court addressed objections and foundation issues involving emails and other proposed exhibits. Retired detective Craig Isom described surveillance, toll, rental-car, and payment records during the investigation; on cross-examination, the defense questioned records investigators had not requested and the scope of his employment-record review. Luis Rivera testified under a cooperation agreement about two trips to Tallahassee, surveillance of Markel, the shooting, and a cash payment he said followed it. On cross-examination, Rivera agreed that, as far as he knew, Donna and Harvey Adelson were not involved and clarified that he followed Markel without knowing he was going to the gym.

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

Judge Stephen Everett gave preliminary instructions on the charges, the State's burden of proof, juror conduct, and Donna Adelson's presumption of innocence.

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

The court instructed jurors on the charges, the State's burden of proof, the defendant's right to remain silent, and restrictions on outside research and communication.

Highlights

Preliminary Jury Instructions — Charges, Trial Procedure, and Juror Conductjury eventThe court gave preliminary instructions identifying the charges, explaining that the indictment and attorney statements are not evidence, and placing the burden on the State to prove its accusations beyond a reasonable doubt.

2. Opening Statements

Competing opening statements framed the State's conspiracy allegation and the defense's argument that the expected evidence would not prove Donna Adelson's participation.

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Opening
Opening Statement - Sarah Kathryn Dugan Sarah Kathryn Dugan
11 lines

The State previewed an alleged murder-for-hire conspiracy, connecting Donna Adelson to a custody-dispute motive, alleged intermediaries, records, recordings, and alleged post-crime conduct.

sidebar
Defendant’s Courtroom Demeanor Sarah Kathryn Dugan
9 lines

The court raised concerns about the defendant’s facial expressions and head shaking during the State’s opening and discussed a short break before the defense opening.

Procedural
Brief Recess — Jury Break After Opening Statements
18 lines
Opening
Opening Statement - Jackie L. Fulford Jackie L. Fulford
14 lines

Fulford argued that the expected evidence would not prove Donna Adelson planned, solicited, or financed Markel's murder.

Highlights

Opening Statement - Sarah Kathryn Duganprocedural actionThe State outlined its allegation that Donna Adelson joined a murder-for-hire conspiracy after the custody and relocation dispute involving Dan Markel.Opening Statement - Jackie L. Fulfordtestimony highlightFulford previewed that the State could prove the roles of Sigfredo Garcia, Luis Rivera, and Katherine Magbanua, while arguing it could not prove Donna Adelson planned, solicited, or financed the murder.

3. James Geiger — Direct/Cross

James Geiger testified about hearing a loud sound, seeing a light-colored Prius leave, finding Dan Markel unresponsive, and calling 911.

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Direct
James Geiger - Direct James Geiger Georgia Cappleman
163 lines

Neighbor James Geiger described hearing a loud sound, seeing a light-colored Prius leave next door, finding Dan Markel injured in his running vehicle, and calling 911.

Cross Waived
James Geiger - Cross (Waived) James Geiger Jackie L. Fulford
5 lines

The defense waived cross-examination of James Geiger, who was then released from his subpoena.

4. David Sims — Direct/Cross

Retired Tallahassee Police Sergeant David Sims described finding Daniel Markel unresponsive in a running vehicle after the 911 call to 2116 Trescott Drive.

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Procedural
Procedural
2 lines
sidebar
Witness Sequestration Instructions David Sims Georgia Cappleman
8 lines

The parties invoked the witness-sequestration rule and clarified that Investigator Newlin remained excepted.

Direct
David Sims - Direct David Sims Georgia Cappleman
79 lines

David Sims, the first officer on scene, described the vehicle and Daniel's condition, authenticated photographs, and testified that a house search found no one and no apparent burglary, robbery, or struggle.

Cross Waived
David Sims - Cross (Waived) David Sims Jackie L. Fulford
4 lines

The defense waived cross-examination of David Sims, who was then released.

5. Joanne Maltese — Direct/Cross

Retired Tallahassee Police forensic specialist Joanne Maltese authenticated crime-scene and hospital evidence and testified about unsuccessful fingerprint collection and forearm stippling.

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Direct
Joanne Maltese - Direct Joanne Maltese Georgia Cappleman
181 lines

Joanne Maltese authenticated crime-scene and hospital evidence, described fingerprint processing, and testified about photographs showing shattered glass and an area she identified as consistent with stippling.

6. Anthony Clark — Direct/Cross

Medical examiner Anthony Clark testified that Dan Markel died from two gunshot wounds to the face and head, which he ruled a homicide. The defense waived cross-examination.

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Direct
Anthony Clark - Direct Anthony Clark Georgia Cappleman
177 lines

Medical examiner Anthony Clark described two fatal gunshot wounds, close-range stippling evidence, a possible defensive arm position, and his homicide determination.

1 sidebar inside this proceeding
  1. Brief Recess Over Crime Scene PhotosThe court and counsel discussed the defendant’s reaction to crime scene photographs and whether she needed time before autopsy evidence.
Cross Waived
Anthony Clark - Cross (Waived) Anthony Clark Joshua D. Zelman
3 lines

The defense waived cross-examination of Dr. Clark, who was excused before the lunch recess.

Procedural
Judge Everett Warns Donna Adelson to Control Emotional Reactions
15 lines

Highlights

Anthony Clark - Directtestimony highlightDr. Clark gave the cause of death as gunshot wounds of the face and head and the manner of death as homicide.

7. Craig Isom — Direct/Cross/Redirect

The court addressed disputed Exhibit 64 emails before Detective Craig Isom testified about divorce-related communications, surveillance and records research. Cross-examination questioned unrequested records and whether several shared-account emails identified Harvey Adelson as sender.

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Procedural
OJP — Contested Admissibility of Composite Email Exhibit 64
114 lines

The court made several pre-witness rulings on disputed emails, permitting some as alleged motive evidence while requiring a limiting instruction, redaction, or further foundation for others.

Direct
Craig Isom - Direct Craig Isom Georgia Cappleman
217 lines

Craig Isom described the initial approach to wendi Adelson and the contentious custody litigation; the court deferred State's Exhibit 60 pending further foundation.

1 sidebar inside this proceeding
  1. State's 60 Document DisputeThe parties disputed whether the selected divorce-file documents in State's 60 were sufficiently tied to the defendant's communications and whether duplicate documents should remain.
Procedural
OJP — Foundation Objection to Exhibit 64-AA (Shared Email Address)
34 lines

The court addressed a foundation objection to Exhibit 64-AA and directed the State to begin laying foundation through Detective Isom where possible.

Direct
Craig Isom - Direct (Continued) Craig Isom Georgia Cappleman
505 lines

Isom described surveillance and toll records used to identify a rented Prius, then testified about Adelson Institute checks to Katherine Magbanua and gaps in the employment records.

Cross
Craig Isom - Cross Craig Isom Joshua D. Zelman
144 lines

The defense questioned Isom about unrequested investigative records, his limited review of Magbanua's employment records, and emails displayed as sent by Harvey Adelson.

Redirect
Craig Isom - Redirect Craig Isom Georgia Cappleman
33 lines

Isom confirmed that selected emails from a shared address were signed either "mom" or "mom and dad"; he was retained as a potential recall witness.

Highlights

Craig Isom - Direct (Continued)evidence eventThe court admitted and the State published gym surveillance that Isom said showed a Prius remaining while Markel was inside and following his vehicle when he left.

8. Luis Rivera — Direct/Cross

Luis Rivera described the alleged murder-for-hire arrangement and shooting, then confirmed on cross-examination that he did not know Donna or Harvey Adelson to be involved.

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Procedural
OJP — Exhibit 60 Foundation Clarification
30 lines

The court deferred admission of State's Exhibit 60 until the State completed its foundation, while allowing additional foundation through later witnesses.

Direct
Luis Rivera - Direct Luis Rivera Georgia Cappleman
559 lines

Luis Rivera admitted his role under a cooperation agreement and described the alleged planning, shooting of Dan Markel, and cash payment that followed.

Cross
Luis Rivera - Cross Luis Rivera Jackie L. Fulford
149 lines

Rivera confirmed prior photo-sheet identifications and agreed that, as far as he knew, Donna Adelson and Harvey Adelson were not involved; the court later admitted State's Exhibits 37 and 121.

2 sidebars inside this proceeding
  1. Wendi Adelson Testimony SchedulingThe parties discussed beginning Wendi Adelson's anticipated lengthy testimony on Monday after a predicate hearing concerning divorce documents.
  2. Monday Predicate Hearing ScheduleThe parties discussed delaying the predicate hearing and using an investigator, rather than Wendi Adelson, to authenticate documents and emails.

Highlights

Luis Rivera - Direct“I had to cooperate.”— Luis RiveraRivera directly identified cooperation as the condition attached to his 19-year sentence, framing a central credibility issue.Luis Rivera - Directtestimony highlightRivera testified that he drove the Prius to Markel's driveway and that Garcia got out and shot Markel twice.Luis Rivera - Direct“I pulled up right behind him, and Garcia jumped out and shot him.”— Luis RiveraRivera gave a firsthand account of the shooting at Markel's driveway.Luis Rivera - Crosstestimony highlightUsing Defendant's Exhibit 50, the defense elicited Rivera's confirmation of his prior photo-sheet markings for Katie Magbanua, Sigfredo Garcia, himself, Dan Markel, and Wendi Adelson; Rivera also agreed that he had said Donna Adelson and Harvey Adelson were not involved, as far as he knew.
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