Jason Newlin — Direct/Cross/Redirect
623 linesJUDGE EVERETT: Matters are being argued by either party — the attorney who is examining the witness is to argue the point. Again, we're not going to have tag-team motions from the state or the defense, or any objection arguing as well. Everyone's clear on those.
MR. ZELMAN: I am not gonna be - I am not crossing Wendi Adelson but I am the one who prepared for the proffer.
JUDGE EVERETT: When it's time to handle that part of it...
JUDGE EVERETT: They can come in. They can come in.
JUDGE EVERETT: When you come in, please take a seat. Be quiet.
JUDGE EVERETT: As far as the proffer is concerned, that will be at the presence of the jury, so with that, that's really not an issue. Who does what?
MR. ZELMAN: Yes, sir. And we resolved all but one.
MR. ZELMAN: The state provided us with materials.
MR. ZELMAN: There was one that was objectionable. Ms. Cappleman agreed to withdraw that from the exhibit.
MR. ZELMAN: But there is only one remaining pleading that is still subject to the foundation law — the foundation.
JUDGE EVERETT: Please find your seats this morning.
JUDGE EVERETT: While we're either having the hearings of the presence of the jury, or once the jury is in the room — Again, we'd like to be the cell phones out, to silence your cell phones or go ahead and turn them off entirely.
JUDGE EVERETT: Also, as well, for the witnesses, no cell phones. I'm pointing at the witnesses or the members of the jury. If you step out while the witness is testifying today, please remain outside until that witness has finished with their testimony.
JUDGE EVERETT: Do we have any questions at all concerning the conduct at the gallery while the trial is going on?
JUDGE EVERETT: I know this is pretty simple and self-evident, but there are no bad questions and questions to be asked.
JUDGE EVERETT: There being no questions, also, as well, if you need to speak with each other, please step outside the hallway, so that way there's no disruption or disturbances for the jury.
JUDGE EVERETT: Also, while the testimony is going on, there's not to be any head nodding or any gesturing or any motion that would indicate you're either agreeing with or disagreeing with what the witnesses are saying.
JUDGE EVERETT: We have all of our parties present this morning, including the defendant, who is present as counsel.
JUDGE EVERETT: Ms. Adelson, do you have your device to assist your hearing?
JUDGE EVERETT: All right, it's working properly.
JUDGE EVERETT: Miss Cappleman, the issue that we need to work through concerning the foundation, do you have the witness available to do this properly?
MS. CAPPLEMAN: Yes, Your Honor.
MS. CAPPLEMAN: Judge, you have a copy. That is actually a copy of State's Exhibit 60 on the bench. I provided a copy to the defense as well. This contains all of the divorce documents that the defense objected to last week with Detective Isom.
MS. CAPPLEMAN: It includes one additional pleading, the grandma motion, as it's been referenced previously. That's tab JJ in your book there. So each tab represents a divorce filing, and behind the divorce filing in each tab is the supporting documentation for that document to show that Donna Adelson was aware of that particular pleading. So the state is going to be seeking to introduce this exhibit. My understanding is the only issue in contention at this time is the JJ tab. So we will call Investigator Newlin at this time to address that issue.
JUDGE EVERETT: Investigator Newlin, if you can come up and take the stand.
JUDGE EVERETT: Please raise your right hand and be sworn to the proper. Do you swear or affirm the testimony you're about to give?
JASON NEWLIN: I swear.
JUDGE EVERETT: You may take your seat.
JUDGE EVERETT: You may inquire, Ms. Cappleman, when you are ready.
MS. CAPPLEMAN: Thank you, Judge. I just need about 30 seconds.
JUDGE EVERETT: Japanese, if we run out of seating room, is there an overflow area?
MS. CAPPLEMAN: Sir, please introduce yourself and spell your name.
JASON NEWLIN: My name is Jason Newlin — J-A-S-O-N N-E-W-L-I-N.
MS. CAPPLEMAN: How are you employed, sir?
JASON NEWLIN: I'm an investigator with the State Attorney's Office here in Tallahassee.
MS. CAPPLEMAN: Were you asked to assist in assembling the notebook that's known as State's Exhibit 60?
JASON NEWLIN: Yes.
MS. CAPPLEMAN: And does State's Exhibit 60 contain each of the divorce filings that we were able to directly link to Donna Adelson — meaning show through some other means that she had knowledge of those pleadings?
JASON NEWLIN: Yes.
MS. CAPPLEMAN: And is the book organized such that each tab has the pleading, and then right behind that tab will be the supporting documentation associated with that tab?
JASON NEWLIN: That's correct.
MS. CAPPLEMAN: I want to draw your attention to tab JJ, which specifically contains page 441 through 456 of Dan Markel and Wendi Adelson's divorce pleadings.
MS. CAPPLEMAN: This is a pleading entitled what?
JASON NEWLIN: Former Husband's Counter Motion for Enforcement of MSA on Parenting Issues and Motion for Contempt and Sanctions.
MS. CAPPLEMAN: And is this the motion that we have referred to throughout preparation for this trial as the "grandma motion"?
JASON NEWLIN: Yes.
MS. CAPPLEMAN: Is that because this is the motion in which Dan Markel is seeking to limit or restrict Donna Adelson's contact with his children?
JASON NEWLIN: Yes, it is.
MS. CAPPLEMAN: Okay, so the language — "grandma says that the kids are reporting to him," "grandma says you're stupid," that sort of thing — that's what's in this motion?
JASON NEWLIN: That's correct.
MS. CAPPLEMAN: Okay. Okay. And on what date was this motion filed by Dan Markel?
JASON NEWLIN: March 26, 2014.
MS. CAPPLEMAN: Okay. And is there an email predating that filing in which Dan Markel sends Wendi Adelson the content of what ends up in this motion — the allegations that end up in this motion — and outlines them for her?
JASON NEWLIN: Yes.
MS. CAPPLEMAN: And was that email forwarded to Donna Adelson?
JASON NEWLIN: Yes, it was.
MS. CAPPLEMAN: On what date was that email forwarded to Donna Adelson?
JASON NEWLIN: December 17, 2013.
MS. CAPPLEMAN: And is that email contained in State's Exhibit 60, JJ point 2?
JASON NEWLIN: Yes, it is.
MS. CAPPLEMAN: Right. And was there a response to Wendi forwarding this stuff to Donna?
JASON NEWLIN: Yes, there was.
MS. CAPPLEMAN: What was the response?
JASON NEWLIN: "Wow."
MS. CAPPLEMAN: All right. And is there another email the next day in which Wendi forwards the parenting coordinator's response to Dan's allegations of grandparental alienation?
JASON NEWLIN: Yes, there was.
MS. CAPPLEMAN: All right. And is that the email that's marked as JJ.3?
JASON NEWLIN: Yes.
MS. CAPPLEMAN: And this is the one that for some reason, when we print it out, comes out in a big weird formatting block?
JASON NEWLIN: Yes.
MS. CAPPLEMAN: Okay. But this email was sent from Wendi to her mother — "Dear mom and dad."
MS. CAPPLEMAN: Okay. And on what date?
JASON NEWLIN: December 18, 2013.
MS. CAPPLEMAN: Okay. And that's addressed "dear mom and dad"?
JASON NEWLIN: That's correct.
MS. CAPPLEMAN: And that contains the same allegations that are later contained in State's Exhibit JJ?
JASON NEWLIN: Yes.
MS. CAPPLEMAN: Okay. And when the motion was actually filed on — 3/26 of '14 — do you have any evidence as to where Donna Adelson was located at that time?
JASON NEWLIN: Traveling to Orlando on her way to Tallahassee, Florida.
MS. CAPPLEMAN: All right. So she wasn't forwarded the actual motion?
JASON NEWLIN: Not that we can tell.
MS. CAPPLEMAN: Okay. And is that consistent —
JUDGE EVERETT: One moment. Turn off the phones. Please continue.
MS. CAPPLEMAN: And is her presence in Tallahassee when the motion was actually filed — or actually, she was on her way at the time it was filed — consistent with why she might not have been forwarded that exact pleading when she was forwarded other pleadings?
JASON NEWLIN: Correct.
MS. CAPPLEMAN: No further questions, Your Honor.
MR. ZELMAN: Good morning.
JASON NEWLIN: Good morning.
MR. ZELMAN: The email JJ2, that is dated December 18th of 2013 — that was sent to an email address shared by Donna Adelson and Harvey Adelson, correct?
JASON NEWLIN: Correct.
MR. ZELMAN: You don't know who responded "wow," do you?
JASON NEWLIN: I do not.
MR. ZELMAN: And with respect to Donna Adelson driving from Orlando to Tallahassee at the time that the motion was filed on March 26, 2014, you don't have any evidence that that motion was shared with Donna, do you?
JASON NEWLIN: No.
MR. ZELMAN: Nothing further.
JUDGE EVERETT: Any redirect for Investigator Newlin?
MS. CAPPLEMAN: In the research you did on all the filings preceding JJ, were many of those sent to the shared email address, donnaharvey at gmail?
JASON NEWLIN: Most of them, yes.
MS. CAPPLEMAN: Okay. And in many of those, does Donna respond in a way that we can confirm that it's Donna Adelson responding as opposed to Harvey Adelson?
JASON NEWLIN: "Wow" was a common response from many emails, signed "love mom."
MS. CAPPLEMAN: Right, but my question is — in a lot of them, do we have a pattern of Donna responding to those emails?
JASON NEWLIN: Yes.
MS. CAPPLEMAN: And we have a pattern of her doing so such that we can say this one is Donna, not potentially Harvey?
JASON NEWLIN: That's correct.
MS. CAPPLEMAN: Meaning they're signed "mom"?
JASON NEWLIN: Yes.
MS. CAPPLEMAN: Or they say "dad and I" — whatever — with context indicating Donna's the author as opposed to Harvey.
JASON NEWLIN: That's correct.
MS. CAPPLEMAN: Nothing further, Judge.
JUDGE EVERETT: You may step down, Investigator. Any other witness or evidence to offer concerning the issue of the property?
MS. CAPPLEMAN: No, Your Honor.
JUDGE EVERETT: Mr. Zelman, you may make your final argument concerning JJ of State 60.
MR. ZELMAN: The state's argument is entirely speculative.
MR. ZELMAN: In Investigator Newlin's testimony, he indicated that the pattern indicated that when Donna was responding to these emails with pleadings, she would sign it with her name, or she would indicate "dad and I." This response, JJ2, just says "wow," exclamation point.
MR. ZELMAN: As a result, Your Honor, it's our position that the state cannot establish a foundation for admission of JJ1, which is the March 26, 2014 counter motion that the state has nicknamed the "grandmother motion."
JUDGE EVERETT: Miss Capplmen, you may briefly respond.
MS. CAPPLEMAN: Judge, the email was sent to a joint email that we can prove was routinely checked and responded to by Donna Adelson. She routinely checked and responded to emails specifically in reference to this divorce, and the pattern and totality of the testimony will show that she was the one that was primarily engaged in receiving pleadings, giving feedback on pleadings, even drafting and editing pleadings on Wendi's behalf.
MS. CAPPLEMAN: So I think the fact that the email was shared — and if the defense wants to point that out and argue that maybe it was Harvey that responded to this particular email, then they're free to do that. I think that goes to weight, not admissibility. I think it's important that the second time the email was shared, it was directed to "mom and dad" and it was specifically directed to Donna and Harvey, so not just to Harvey.
JUDGE EVERETT: The foundation for this item will need to be established, it sounds, through multiple witnesses — both Investigator Newlin and also through the testimony of Wendi Adelson. However, once the pattern has been demonstrated, I will find, based on this, this can be admitted if the pattern in fact does show that both either Donna Adelson or Harvey Adelson would both respond from this email concerning matters of the divorce, and the communications do in fact match other communications that were made specifically by the defendant. Concerning the limiting instruction that was discussed on Friday, if the defense is still seeking this, the court would provide the instruction.
JUDGE EVERETT: This evidence may be considered for demonstrating state of mind, motive, or intent — unless you're seeking some other form of limited instruction specifically as to 60 JJ.
JUDGE EVERETT: This evidence may be considered for demonstrating the defendant's state of mind, motive, or intent. As far as any arguments that Donna Adelson is in fact not the person who sent the "wow" response because it was shared, certainly the defense is free to cross-examine on that point and present any evidence or argument in support of that position, but I am going to find that these matters being argued go to weight, not admissibility, if the pattern can be demonstrated by both the investigator and Wendi Adelson and their knowledge of these communications — or investigation.
MR. ZELMAN: The defense appreciates that and agrees with the language.
JUDGE EVERETT: Very well. Miss Cappleman, do you wish for State 60 to remain at the bench, or will you need it back for the moment?
MS. CAPPLEMAN: I have a copy, Judge, so if you'd like to keep it for your use, that's fine.
JUDGE EVERETT: All right, I will just keep it up here then, next to my trial notebook. Are there any other matters that we need to address before the jurors are brought in for this morning?
MS. CAPPLEMAN: No, Your Honor.
JUDGE EVERETT: I believe, as previously discussed before last week on Friday, as it relates to Wendi Adelson, if the defense is still seeking to take a proffer as to matters that would be both relevant and would not, at least in their review of the evidence, go to Mrs. Adelson's Fifth Amendment privilege.
JUDGE EVERETT: I will allow you to take a proffer out of the presence of the jury concerning that matter. Is Mr. Loro present so he understands what will take place?
MS. CAPPLEMAN: I don't think he's present, Judge. I think I told him 10 o'clock.
JUDGE EVERETT: All right. When it's time for her to take the stand, she will be testifying pursuant to the state's subpoena and any immunity that would attach under the state subpoena. After that examination has concluded, the jurors will be taken out of the room so the proffer can take place. I believe Mr. Loro's position on this matter has been clear throughout.
JUDGE EVERETT: As to anything but a state subpoena which confers immunity, his client intends to invoke her privilege against self-incrimination.
JUDGE EVERETT: As to that, he will be informed of the defense being able to take a proffer, since the proffer was not possible at the time the motion was argued. Again, depending on what the questions are and whether she will still intend to invoke the privilege at that time, the court will make a ruling. I did, though, want to make sure both parties are aware: as it relates to the cases on the invocation of the privilege under federal law and both state law, the defense is going to have a high hurdle to clear with this. I believe cases go to the lines of the privilege not only — not only protects the answers that would in themselves support a conviction under a federal or state criminal statute, but likewise embraces those which would furnish a link in the chain of evidence.
JUDGE EVERETT: And to that point, I believe that is where Mr. Loro's argument lies. But Mr. Zelman, again, you'll have your opportunity to make your proffer to determine whether in fact there is something that is relevant and does not go to the proper invocation of the privilege.
MR. ZELMAN: Yes, Your Honor.
JUDGE EVERETT: While we're awaiting the jurors — I believe we told them to report at 9:15 — if there are any needs that the parties need to attend to, please do so now. If anyone needs to use the restroom, please do so now. Once the jurors arrive, we will bring them in and we'll get started with our first witness for the day. Does either party need to be heard about this any further?
JUDGE EVERETT: 9:15, I believe, is when the jurors were told to report.
JUDGE EVERETT: Everyone can be seated. Everyone's reported? Good to go?
JUDGE EVERETT: Yes, sir. Oh — need to stay.
JUDGE EVERETT: Too soon.
JUDGE EVERETT: The parade to the bathroom continues.
JUDGE EVERETT: Yes, sir.
JUDGE EVERETT: That's right.
JUDGE EVERETT: Everyone can be seated.
JUDGE EVERETT: Members of the jury, I hope you had a restful weekend, and good morning.
JUDGE EVERETT: By a show of hands, I just want to confirm that everyone has, in fact, complied with the instruction not to seek out any information about this case, and also you've not spoken with anyone concerning this case. If this is true, please raise your hands.
JUDGE EVERETT: And for the record, all 14 jurors have raised their hands.
JUDGE EVERETT: At this time, we are going to continue with the state's case.
JUDGE EVERETT: Ms. Cappleman, you may call your next witness.
MS. CAPPLEMAN: Thank you, Judge. The state calls Investigator Newlin.
JUDGE EVERETT: Investigator, please raise your right hand, sir. Do you swear or affirm the testimony you're about to give in this trial will be the truth?
JASON NEWLIN: I swear.
JUDGE EVERETT: You may take your seat.
JUDGE EVERETT: You may inquire when you're ready.
MS. CAPPLEMAN: Sir, please introduce yourself and spell your name.
JASON NEWLIN: My name is Jason Newlin. J-A-S-O-N, N-E-W-L-I-N.
MS. CAPPLEMAN: How are you employed?
JASON NEWLIN: I'm an investigator with the State Attorney's Office here in Tallahassee.
MS. CAPPLEMAN: What are your duties at the State Attorney's Office?
JASON NEWLIN: I primarily assist the prosecutors with preparation for trial.
MS. CAPPLEMAN: Okay, so that can include quite a long laundry list of tasks.
JASON NEWLIN: It can.
MS. CAPPLEMAN: In this case, have you had an opportunity to review State's Demonstrative A?
JASON NEWLIN: Yes, it's — going to be the entire divorce filing of Dan Markel and Wendi Adelson.
MS. CAPPLEMAN: Okay. And what were you asked to do in reference to State's Demonstrative A?
JASON NEWLIN: Review it, find items of value for this case, but also review documentation that can corroborate this information was shared.
MS. CAPPLEMAN: All right. So were you asked to look for the foundation to support the fact that each of the filings in that document were known to or seen by Donna Adelson?
JASON NEWLIN: Yes, it was.
MS. CAPPLEMAN: And what type of evidence did you find in regards to the divorce filings to indicate the defendant has seen these things?
JASON NEWLIN: Emails — emails primarily. There were a couple of daily planner — documented daily planner agendas — that we were able to use as well.
MS. CAPPLEMAN: And when you say emails, where were those emails collected from?
JASON NEWLIN: A 2014 search warrant on multiple emails, but primarily Wendi Adelson's emails, and then a 2024 search warrant on donaharvey@gmail.
MS. CAPPLEMAN: And based on the research that you conducted for these divorce filings, did you find foundation to support the fact that she had seen or was aware of quite a few of those documents?
JASON NEWLIN: Yes, I did.
MS. CAPPLEMAN: And based on that, did you create a new exhibit, State's Exhibit 60?
JASON NEWLIN: Yes.
MS. CAPPLEMAN: And how is State's Exhibit 60 organized?
JASON NEWLIN: So each filing that we could validate would have been provided to Ms. Adelson is going to have a letter associated with it. And for example, A1, A2, would be a document validating information passed along, whether that be an email or a planner.
MS. CAPPLEMAN: All right. So each filing in State 60 now has a letter, and then behind it, the jury can find the foundation to support that filing.
JASON NEWLIN: Correct.
MS. CAPPLEMAN: Okay. I'm going to take a demo anyway. Do you have a copy of State 60 in front of you?
JASON NEWLIN: I do.
MS. CAPPLEMAN: Judge, may I make use of a PowerPoint?
JUDGE EVERETT: You may.
MS. CAPPLEMAN: Did you assist with creating a PowerPoint to assist the jurors in understanding your testimony here today?
JASON NEWLIN: I did.
MS. CAPPLEMAN: How is the PowerPoint set up?
JASON NEWLIN: So on the left is going to be the divorce filing pages and excerpts from specific pages, and on the right will be the documentation saying the information was passed along to the defendant.
MS. CAPPLEMAN: Okay. So if we click, will we see this divorce filing?
MS. CAPPLEMAN: What was the first divorce filing?
JASON NEWLIN: The first divorce filing was a petition for dissolution of marriage.
MS. CAPPLEMAN: Who filed that? When was that?
JASON NEWLIN: Wendi Adelson.
MS. CAPPLEMAN: When was that filed?
JASON NEWLIN: It was filed September 10th, 2012.
MS. CAPPLEMAN: All right. Any evidence that Mrs. Donna Adelson was aware of this filing?
JASON NEWLIN: Yes. There was a preceding email and an email following. So an email sent on September 9th, 2012, indicating Ms. Adelson would be filing for a divorce, and an email on September 19th indicating Ms. Adelson had filed for divorce.
MS. CAPPLEMAN: All right. So she knew her daughter was getting divorced.
JASON NEWLIN: She did.
MS. CAPPLEMAN: Let's — go, if you would please, to tab B of Exhibit 60. What is the filing in tab B?
JASON NEWLIN: Joint stipulation for substitution of counsel.
MS. CAPPLEMAN: What is a substitution of counsel?
JASON NEWLIN: It's generally when an attorney that's assigned to a case is getting off of the case and a new attorney will be assigned.
MS. CAPPLEMAN: All right. And Wendi was switching lawyers.
JASON NEWLIN: Yes.
MS. CAPPLEMAN: Who was she switching from and who is she switching to?
JASON NEWLIN: She was switching from Shannon Novi, switching to Kristen Adamson.
MS. CAPPLEMAN: And was Donna aware that Novi had represented Wendi prior to this substitution?
JASON NEWLIN: Yes, she was.
MS. CAPPLEMAN: All right, and for that I would direct you to 60B.2.
MS. CAPPLEMAN: Did she send an email seven days before this lawyer change?
JASON NEWLIN: Yes.
MS. CAPPLEMAN: That's the defendant — sent an email indicating that Wendi's lawyer was Shannon Novi, is that right?
JASON NEWLIN: Correct.
MS. CAPPLEMAN: "Correct. Currently, her attorney is Shannon Novi of the Novi Law Firm." Okay. And then was there a second email, directing you to 60.B3, sent on July 10th of 2013?
JASON NEWLIN: Yes.
MS. CAPPLEMAN: Okay. That's after the changeover of lawyers, right?
JASON NEWLIN: That is correct.
MS. CAPPLEMAN: And what does she say in that email?
JASON NEWLIN: It's — going to be the July 10th, B3. "Gary Cohen told Wendi tonight that he thinks the offer should be made to her attorney, Kristen, at mediation on the 18th of this month."
MS. CAPPLEMAN: Okay. And what about in the paragraph above that? Does she talk about why Wendi left the Novi Law Firm?
JASON NEWLIN: She does.
MS. CAPPLEMAN: Okay. So acknowledging that the new lawyer is Kristen.
JASON NEWLIN: Yes.
MS. CAPPLEMAN: Do you know who Kristen is?
JASON NEWLIN: Kristen Adamson.
MS. CAPPLEMAN: Okay. And 60B.4 — did she actually draft an email — and by "she" I mean the defendant — draft an email including a portion in Wendi's voice for her to send to Kristen Adamson?
JASON NEWLIN: Yes.
MS. CAPPLEMAN: And that email is dated what?
JASON NEWLIN: October 18th, 2012.
MS. CAPPLEMAN: And what is the email entitled?
JASON NEWLIN: "Review — of post-relocation info for your attorney."
MS. CAPPLEMAN: All — right. And that pleading, she says, "I have been upset about this move since it happened in 2005," referring to having to live in Tallahassee, right?
JASON NEWLIN: Yes.
MS. CAPPLEMAN: Okay. And that's the "I" — and that sentence is Wendi, right?
JASON NEWLIN: Correct.
MS. CAPPLEMAN: Okay. Next: "There are, however, 16 Christian, Catholic, and Baptist schools in Tallahassee with over 3,600 students attending them. If I remain in Tallahassee, the children will not be attending a Hebrew day school nor be brought up kosher or religious in any way. That's not a threat, just a reality." Is that contained in that email?
JASON NEWLIN: It is.
MS. CAPPLEMAN: All right. Next slide. All — right. "So the boys stay with me, the mom, during the week, and spend every other weekend, Friday evening through school Monday morning, with their dad."
MS. CAPPLEMAN: Okay. So this is arguments for relocation that are being outlined by Donna for Wendi to send it to her lawyer.
JASON NEWLIN: Correct.
MS. CAPPLEMAN: Next slide, please.
MS. CAPPLEMAN: All right. So let's move on to tab C. What is the pleading addressed in tab C?
JASON NEWLIN: Wife's answer to husband's counter-petition for dissolution of marriage.
MS. CAPPLEMAN: And so now on what date?
JASON NEWLIN: That was filed on December 5th, 2012.
MS. CAPPLEMAN: Okay. So we have Wendi filing another response.
JASON NEWLIN: Yes. Yes.
MS. CAPPLEMAN: And what is she asking for? Next slide. She's — Asking for — I'm sorry, bad question, strike that. Was there any proof that the defendant saw this filing?
JASON NEWLIN: Yes, the wife's answer.
MS. CAPPLEMAN: Okay, so we've got an email in here dated July 19th of 2013. It's marked as State 60.C.2. What is that email?
JASON NEWLIN: The subject is "please forward five items," and there are five attachments to this email. On July 17, Donna Adelson replied to an email, and then Wendi replied back.
MS. CAPPLEMAN: All right, so sometimes Wendi would just file a group of actual divorce filings and forward them to her mother. Okay, and in this case she addresses the email "hi guys" — does that indicate she's sending it to both Harvey and Donna?
JASON NEWLIN: Yes.
MS. CAPPLEMAN: So...
MS. CAPPLEMAN: That's where Donna is asking for the items, and then Wendi responds and sends them, correct?
JASON NEWLIN: Correct.
MS. CAPPLEMAN: Correct. Okay. All right, let's go to tab D. What is tab D?
JASON NEWLIN: Amended petition for dissolution of marriage and request to be allowed to relocate with the minor children.
MS. CAPPLEMAN: All right, what does this indicate? This petition — does it indicate where she plans to go?
JASON NEWLIN: It does. This is Wendi Adelson attempting to move the children to another part of the state — to Coral Springs.
MS. CAPPLEMAN: Right, that is correct. To live with her parents?
JASON NEWLIN: Correct.
MS. CAPPLEMAN: And State's Exhibit 60.D.2 — can you tell us about that email?
JASON NEWLIN: This motion would have been forwarded to Donna Adelson with the terms, "here it is, let's edit."
MS. CAPPLEMAN: All right, so who sent it to Donna Adelson?
JASON NEWLIN: Wendi Adelson.
MS. CAPPLEMAN: On what date did she send this to her mom?
JASON NEWLIN: December 10th, 2012.
MS. CAPPLEMAN: Okay, so that's three months before the document ends up getting filed, right?
MS. CAPPLEMAN: Okay, so before she files her motion for relocation — she being Wendi — Wendi sends it to the defendant for edits?
JASON NEWLIN: Yes.
MS. CAPPLEMAN: And does the defendant reply with some edits?
JASON NEWLIN: Yes.
MS. CAPPLEMAN: And...
MS. CAPPLEMAN: That's this email that starts "Honey" on page three. Number three — number 13, sorry — says: "that you and Danny have assets that are deemed non-marital assets, which are either titled in both or in each individual name, which will be kept separate. What non-marital assets are these? Does this refer to your 401k?"
JASON NEWLIN: "His 401ks. If so, his 401ks — one for $75,000 and one for $25,000. If not set aside, and a prenup are deemed marital assets."
MS. CAPPLEMAN: So this is — am I correct — this is Donna responding to each. She kind of goes paragraph by paragraph and offers edits and questions for Wendi?
JASON NEWLIN: That's correct.
MS. CAPPLEMAN: All right, and how do we know this is Donna and not Harvey?
JASON NEWLIN: Signed, "Love you, Mom."
MS. CAPPLEMAN: Are Donna's questions and feedback forwarded by Wendi to Wendi's attorney?
JASON NEWLIN: Yes, they are.
MS. CAPPLEMAN: And does she cut — does Wendi cut and paste Mom's questions and then send them to the attorney as her own questions?
JASON NEWLIN: She does.
MS. CAPPLEMAN: Okay. And then, upon getting a response from the lawyer, does Wendi send the lawyer's answer on to her mother?
JASON NEWLIN: She does.
MS. CAPPLEMAN: Let's go to tab E, please. What is tab E?
JASON NEWLIN: Motion for leave to amend petition for dissolution of marriage to add a complaint for relocation.
MS. CAPPLEMAN: We're going through everything we just talked about. Hold on. All right, so it's a motion to amend petition for dissolution of marriage to add a complaint for relocation. All right, so this is Wendi seeking to add the relocation issue to her initial petition?
JASON NEWLIN: Correct.
MS. CAPPLEMAN: Okay, and was there any discussion from the defendant regarding the arguments for relocation in the context of the divorce?
JASON NEWLIN: Yes, there was.
MS. CAPPLEMAN: Okay, and is that 60.E.2?
JASON NEWLIN: It is.
MS. CAPPLEMAN: What's the date on that email?
JASON NEWLIN: It's going to be five days prior to the filing — so January 9th.
MS. CAPPLEMAN: Okay, and that is "for your meeting tomorrow with Kristin," correct? And Kristin is Kristin Adamson, Wendi's lawyer?
JASON NEWLIN: Yes.
MS. CAPPLEMAN: Okay, and how is this one signed? Well, let me back up for just a moment. Some of the contents include, obviously: "at some point whenever Kristin thinks it's a good idea, since this is a major bargaining chip for you." What was the major bargaining chip?
JASON NEWLIN: Her employment. That she had better employment opportunities in South Florida. Yes.
MS. CAPPLEMAN: All right. "He needs to know that there is no — no way in hell you're going to stay at FSU and that he's the reason you're leaving."
MS. CAPPLEMAN: Is that what she said?
JASON NEWLIN: Yes.
MS. CAPPLEMAN: And Donna's the author of that?
JASON NEWLIN: Correct.
MS. CAPPLEMAN: Okay. Let's go to tab G, please.
MS. CAPPLEMAN: What is tab G?
JASON NEWLIN: The husband's answer to wife's amended petition for dissolution of marriage and request to be allowed to relocate with the minor children, and husband's objection to wife's request to relocate with minor children, with prayer for relief.
MS. CAPPLEMAN: So he didn't want her to move to South Florida with his kids?
JASON NEWLIN: He did not.
MS. CAPPLEMAN: And what did he say was the sole reason that she really wanted to move to South Florida with the kids?
JASON NEWLIN: So she can be closer to her parents.
MS. CAPPLEMAN: And did he say that she was misusing access to the children as pawns?
JASON NEWLIN: Yes.
MS. CAPPLEMAN: Meaning Wendi was doing that?
JASON NEWLIN: Correct.
MS. CAPPLEMAN: Okay. And did he make some other allegations against Wendi in this particular filing? For example: "The wife alleges that the husband wants to move from FSU, but that is false."
MS. CAPPLEMAN: So he's saying that Wendi is misstating his intentions in the pleadings. Is that right?
JASON NEWLIN: Yes.
MS. CAPPLEMAN: Okay. Does he also say something about — here's the pawns. We can skip that.
MS. CAPPLEMAN: "The wife has on various occasions failed to allow the children to Skype with the husband." So it's part of his allegation here that the communication is lacking?
JASON NEWLIN: Yes.
MS. CAPPLEMAN: And specifically that Wendi is failing to comport with the agreement that they've made about Skyping with the children.
JASON NEWLIN: Yes.
MS. CAPPLEMAN: "Unfortunately, the broken promises, communication withdrawal, and deceitful behavior indicate that the wife really cannot be trusted to consider the children's best interests." Did Dan Markel put this in his filing?
JASON NEWLIN: He did.
MS. CAPPLEMAN: "Because there are numerous false statements in the petition to relocate, and because the wife's behavior reveals deception, lack of integrity, and other instances of bad faith, this court should look at the wife as having unclean hands." Did he put that?
JASON NEWLIN: He did.
MS. CAPPLEMAN: And this was sent to Donna Adelson?
JASON NEWLIN: Correct.
MS. CAPPLEMAN: "The wife, who unilaterally helped herself to four hundred thousand dollars of assets she barely contributed to" — and then it goes on — "this court should award decision-making authority over education, medical, and religious matters solely to the husband." He didn't even want to consult Wendi on those matters?
JASON NEWLIN: He did not.
MS. CAPPLEMAN: And he was asking the court to grant him sole decision-making over those three areas of his kids' lives, right?
JASON NEWLIN: That's correct.
MS. CAPPLEMAN: Okay, so do we have the defendant's response here?
MS. CAPPLEMAN: And I'm referencing 60.G.2.
JASON NEWLIN: Yes, we have an email from Donna Adelson to Wendi Adelson.
MS. CAPPLEMAN: And she replies the same day indicating she read everything that Markel wrote, right?
JASON NEWLIN: She did.
MS. CAPPLEMAN: And how do we know it's her and not Harvey reading these documents?
JASON NEWLIN: It's signed "I love you, Mom."
MS. CAPPLEMAN: And does she send any emails at this point indicating that she's working on Wendi's response to this filing — that Markel filing — that we just went through in detail?
JASON NEWLIN: Yes, she did.
MS. CAPPLEMAN: Tell us about that.
JASON NEWLIN: On February 27th of 2013, she sent an email to a friend, Ronnie.
JASON NEWLIN: Literally says: "I'm sitting here at the kitchen table in Wendi's house working on her response to Danny's response to her relocation petition."
MS. CAPPLEMAN: Let's skip to tab M, please.
MS. CAPPLEMAN: What is tab M?
JASON NEWLIN: Husband's memorandum of law in support of his answer to wife's amended petition for dissolution of marriage and objection to request to be allowed to relocate with the minor children, and husband's motion to dismiss wife's petition to relocate.
MS. CAPPLEMAN: All right, so we have a second filing, the gist of which is an objection of Dan Markel to these kids being relocated, correct?
JASON NEWLIN: That's correct.
MS. CAPPLEMAN: All right, let's go to M.2. Was this filing that Dan Markel did forwarded from Wendi to her mother?
JASON NEWLIN: Yes, it was.
MS. CAPPLEMAN: It was forwarded on what date?
JASON NEWLIN: May 2, 2013.
MS. CAPPLEMAN: The same day it was filed by Dan Markel, right?
JASON NEWLIN: That's correct.
MS. CAPPLEMAN: Okay. And the next day, does the defendant offer a response to the email?
JASON NEWLIN: She does.
MS. CAPPLEMAN: And what is that response entitled?
JASON NEWLIN: "Info regarding his memorandum of law" email.
MS. CAPPLEMAN: And how does she refer to his memorandum of law?
JASON NEWLIN: It was 23 pages. "23-page rant. Obviously his 23-page rant was insufficient, so he's trying to push the court to deny hearing your petition."
MS. CAPPLEMAN: What does she say about the efforts that Mr. Markel is putting into this divorce?
JASON NEWLIN: "Jibbers has made his divorce a full-time job to attempt to get what he's always gotten — his way."
MS. CAPPLEMAN: And what does she say is the most important part of Wendi's divorce?
JASON NEWLIN: "The most important part of your divorce is relocation."
JASON NEWLIN: "I sincerely hope your attorney understands that this is your non-negotiable. Lots of things are negotiable."
JASON NEWLIN: "That's one thing that you cannot let her think — okay, well, if it doesn't happen, it doesn't happen. She needs to hear from you how serious you are about this and how it will benefit the children and close-knit family support system, as well as your significantly better-paying job with hours much more flexible than your current job."
MS. CAPPLEMAN: Okay, and does she say anything to disparage Dan Markel in this email?
JASON NEWLIN: She says, "Danny thinks he's a very important person, and, as always, he and his needs come first."
MS. CAPPLEMAN: Does she call him a narcissist?
JASON NEWLIN: She does.
MS. CAPPLEMAN: Okay. I might have gotten ahead of you, but if you'll read what's up there, please.
JASON NEWLIN: "Only an idiot like him would write that he should be the only one consulted for making decisions regarding the health, education, and religion of his children."
MS. CAPPLEMAN: Keep going.
JASON NEWLIN: "Mr. Markel has become a religious zealot over the last few years since the birth of our first son."
MS. CAPPLEMAN: Skip forward.
JASON NEWLIN: "This is also to show the congregation what an attentive father he is" — and the "attentive" is in quotes.
MS. CAPPLEMAN: Right?
JASON NEWLIN: Yes, it is.
MS. CAPPLEMAN: She doesn't think he's an attentive father, does she?
JASON NEWLIN: No.
MS. CAPPLEMAN: Okay. What did she say about the schooling opportunities for the boys in South Florida?
JASON NEWLIN: "There — he's indoctrinating them, not teaching them. If he truly cared about religious school for them, then clearly one of the 37 Hebrew day schools in Dade, Broward, and Palm Beach County would be a better choice for our boys."
MS. CAPPLEMAN: All right, next, please.
MS. CAPPLEMAN: Okay. Does she say the word "bribe" — Donna Adelson?
JASON NEWLIN: Yes.
MS. CAPPLEMAN: Okay, what does she say about a bribe in this email?
JASON NEWLIN: "Another bribe to get him to allow relocation should be the offer of plane tickets, since he does have family that would allow him to use their homes to stay in."
MS. CAPPLEMAN: Okay, next, please.
MS. CAPPLEMAN: What does she say about the legal fees?
JASON NEWLIN: "And isn't he also supposed to pay some of your regular legal fees? This bastard has not paid one cent toward your bridge-gap alimony — loving, loving father that he is."
MS. CAPPLEMAN: Yes?
MS. CAPPLEMAN: She doesn't think he's loving?
JASON NEWLIN: No.
MS. CAPPLEMAN: Tab O, please. Next.
MS. CAPPLEMAN: Slide. Okay.
MS. CAPPLEMAN: So here we've done something with the exhibit to avoid duplication. Can you explain that to the jury, please?
JASON NEWLIN: Okay. So several of the emails that were preceding this — they all correspond back to this; the filings — everything was kind of an ongoing process. So there were multiple emails that covered multiple filings throughout the court documents. So some of these files will say, "refer back to the emails," and you'll see "refer back to the emails in B," and this is one of those that says "refer back to the emails in C." And this was a motion — father's motion for enforcement of parental agreement and for electronic access to minor children pursuant to Florida statute.
MS. CAPPLEMAN: All right, so if they get to a filing in their Exhibit 60 and they can't find the supporting documentation, they should look on the first page and there might be a note referring them to one of the other tabs?
JASON NEWLIN: Correct.
MS. CAPPLEMAN: Okay. And in this case, they're going to refer back if they want to see the supporting documentation for O — they'll have to go to C.2. Is that right?
JASON NEWLIN: That's correct.
MS. CAPPLEMAN: Okay. How does C.2 provide a foundation for O?
JASON NEWLIN: It is one of the petitions. It is one of the attachments that was forwarded in that email.
MS. CAPPLEMAN: All right. And that's the C.2 — it's not up there right now, but that — we've seen where there was a batch of documents forwarded from Wendi Adelson to Donna Adelson, correct?
JASON NEWLIN: Correct.
MS. CAPPLEMAN: Tab P, please.
MS. CAPPLEMAN: Okay, so this one is what?
JASON NEWLIN: Notice of taking a deposition of Donna Sue Adelson.
MS. CAPPLEMAN: All right, so the defendant's deposition was being sought in Wendi's divorce.
JASON NEWLIN: Correct.
MS. CAPPLEMAN: And was Donna aware of that?
JASON NEWLIN: Yes.
MS. CAPPLEMAN: How do we know that?
JASON NEWLIN: Emails. And the communication was back and forth between the two.
MS. CAPPLEMAN: All right. Did she author an email specifically talking about the service of the notice for the deposition?
MS. CAPPLEMAN: I'm referring to 60.P.2.
JASON NEWLIN: Yes. There's an email on May 21st.
MS. CAPPLEMAN: All right. What does she say about the service — the notice of service for the depo?
JASON NEWLIN: Says, "Wow, he is such a royal jackass."
JASON NEWLIN: "How smart are you to get rid of this piece of S?"
JASON NEWLIN: "R" as in like a pirate.
MS. CAPPLEMAN: Okay. And does she indicate she's still working on some of the questions for Wendi's divorce?
JASON NEWLIN: Yes. "I've been working on some statements, etc., for the relocation, so I'll send them soon. Love, Mom." "I love you, Mom."
MS. CAPPLEMAN: Tab T, please. What is this?
JASON NEWLIN: This is the wife's memorandum of facts and law in support of her petition to relocate to Coral Springs, Florida, with the minor children.
MS. CAPPLEMAN: Does — How do we know that the defendant was aware of this particular filing?
JASON NEWLIN: This one, we would refer back to Q2, and in Q2, one is indicating, "Thanks so much, Mom," but — In Q2, there's going to be an email — June 11, 2013: "Hi, honey, so here's the info I had for travel since Ben was born." And there is a list from 2009 travels, 2010 travels, 2011 travels, 2012 travels that Donna Adelson would have sent to Wendi Adelson referencing Dan Markel's travel.
MS. CAPPLEMAN: So what's the purpose of documenting Dan Markel's travel?
JASON NEWLIN: Essentially to say he was absent most of the time.
MR. ZELMAN: I'm going to object to the investigator offering his opinion.
JUDGE EVERETT: Overruled. The investigator may answer these questions based on his review of these documents and investigation in this matter.
MS. CAPPLEMAN: If I may continue.
MS. CAPPLEMAN: Was it specifically outlined in detail by Donna Adelson and present in Wendi's filings that Dan traveled too much to be a present father?
JASON NEWLIN: Correct.
MS. CAPPLEMAN: And in support of that, does Donna here send Wendi a detailed accounting for every trip that Dan Markel has taken since the birth of their first child?
JASON NEWLIN: It does.
MS. CAPPLEMAN: And we don't know how it is that she came to possess this information, or do we?
JASON NEWLIN: She kept track of a lot of things.
MS. CAPPLEMAN: Can — we go to tab W, please. What — is tab W?
JASON NEWLIN: Husband's reply to wife's memorandum of law in support of her petition to relocate to Coral Springs, Florida, with the minor children.
MS. CAPPLEMAN: And what does Dan say about the wife's pleadings?
JASON NEWLIN: "The — "— wife's pleadings are vague, filled with rank and obvious falsehoods, and the legal analysis is fundamentally inept."
MS. CAPPLEMAN: Does he mention her parents as well related to this line of argument?
JASON NEWLIN: "For the preceding reasons, the petition should be dismissed with prejudice and cost forwarded to the husband. Indeed, if the costs are not awarded, then wife and her affluent parents, who are bankrolling wife's litigation so that they can enjoy closer access to the grandchildren, will persist in vexatious and groundless litigation, and thereby prevent the parents from reaching a space where they can cooperate, collaborate, and communicate effectively and warmly in the project of raising their wonderful children."
MS. CAPPLEMAN: Tab Y. What is this?
JASON NEWLIN: Order on wife's petition to relocate with the minor children.
MS. CAPPLEMAN: What was the order?
JASON NEWLIN: It was denied.
MS. CAPPLEMAN: When was it denied?
JASON NEWLIN: It was filed June 13th — or, I'm sorry, June 21 of 2013. It was actually denied on June 20th, though.
MS. CAPPLEMAN: All right, so signed by the judge on June 20th, filed with the clerk the next day?
JASON NEWLIN: Correct.
MS. CAPPLEMAN: Okay. And it denies relocation?
JASON NEWLIN: Yes.
MS. CAPPLEMAN: With prejudice or without prejudice?
JASON NEWLIN: Don't — see prejudice referenced in this motion.
MS. CAPPLEMAN: Does the defendant acknowledge that this relocation order has come down?
JASON NEWLIN: She does, in an email to a friend.
MS. CAPPLEMAN: When is the email sent?
JASON NEWLIN: June 24th, 2013.
MS. CAPPLEMAN: So just three days after the filing of the order?
JASON NEWLIN: Correct.
MS. CAPPLEMAN: What does she say to the friend about losing relocation?
JASON NEWLIN: "Unfortunately, after paying a lawyer $600 an hour for 10 months of case preparation, the judge listened to Wendi testify for one hour. Nothing — I'll do this. The judge took a break and asked one question: 'I'm not hearing about any physical abuse by the father. Has he been pulling out their toenails?' When Wendi said no, the judge said, 'Well, I've made up my mind. No physical abuse, no relocation.' Outrageous. So at the moment, at the moment, she will not be allowed to relocate."
MS. CAPPLEMAN: "At the moment"? "At the moment"?
MS. CAPPLEMAN: How does she conclude that email?
JASON NEWLIN: "Anyway, if I sound angry, it's because I am. We're all very upset and cannot believe the outcome. Sorry I didn't mean to respond this way, but I'm beyond angry."
MS. CAPPLEMAN: Tab Z.
JASON NEWLIN: This — is an order setting pretrial conference and non-jury trial.
MS. CAPPLEMAN: All right, so the divorce is set for a final hearing — a trial?
JASON NEWLIN: Yes.
MS. CAPPLEMAN: And when is the trial to take place?
JASON NEWLIN: Tuesday, July 9th, 2013, at 10 a.m. — I think that's the pretrial hearing.
MS. CAPPLEMAN: Oh, that's a pretrial.
JASON NEWLIN: Okay. The non-jury is scheduled for Wednesday, July 31st, and Thursday, August 1st, 2013.
MS. CAPPLEMAN: And does Donna send an email to her daughter Wendi regarding how we're going to take this news that relocation has been denied by the courts?
JASON NEWLIN: Yes, she does.
MS. CAPPLEMAN: And does it say it's behind us, it's over, nothing else to fight about?
JASON NEWLIN: No, this says, "Never, never, never give up. It's time for action. It's — "— time for action. It's time to take control of your life and not let Gibbers think he's just won anything by having — and you remain in Tallahassee, eight hours away from the only family you have, and lose out on what will be a job that will afford you and your children advantages that they will never otherwise be able to enjoy."
JASON NEWLIN: "Let's show this F what will make him absolutely miserable."
JASON NEWLIN: "Fast forward, however, the rest of your life — and consequently Dad's, mine, and yes, even Charlie's — will be affected by how well you can perform or act before July 31st. You can be a good actress when you want to. I've seen you in action. You need to put on the performance of your life. Gibbers hasn't beaten the Adelson family yet. You have a very strong family behind you. Dad and I have done everything we can to try to help you for the last 10 months. Now it's time to help yourself."
JASON NEWLIN: "Fast forward — if you can put these actions before everything else this next month, and you know that you've only got the kids a limited number of days to do this, we believe that Gibbers will be saying, 'Stop this,' and you'll be telling him, 'You wanted me in Tallahassee. My children are going to fit in in this Bible Belt. They're going to church every time I have them. I'm having them privately tutored at home to get them caught up for Sunday school classes.' Tell him that you've got a new outlook on life and a new hope, and you'd like to go to heaven — perhaps he would like to join you and the boys at church. Plan of action: One — take photos of the boys dressed nicely, standing at the front door or by the sign of a Tallahassee church, then change your Facebook status photo to this one so everyone will see this. Perhaps line under the photo with 'New beginnings in Tallahassee' might be nice."
JASON NEWLIN: "Two — make arrangements to get the boys caught up with a private tutor, a teenage Catholic Church member who will come to the house to teach the young men about Jesus. If you don't have time to arrange for this to happen, I'll happily do it for you."
JASON NEWLIN: "Three — let Gibbers know that your children will be baptized in the Catholic Church."
JASON NEWLIN: "Let him know that the Catholic Church is a big part of your life now with the boys, and you'd like him to be part of it. As long as he wants you to remain in Tallahassee, the boys will be involved with you in church-related activities and ceremonies."
JASON NEWLIN: "Let him get used to it. I've already checked this out, and a baptism can be arranged within two weeks."
JASON NEWLIN: "Four — I'm looking into summer camp programs for the boys. We will pay for it."
JASON NEWLIN: "Five — register them for toddler classes at church. I've looked into this, and even if they don't go, we can show Gibbers that they are enrolled for the small — for the fall semester. And you cannot tell anyone this is an act."
JASON NEWLIN: "Take control from him. Get to him psychologically. He's going to want you to stop this."
JASON NEWLIN: "We plan to make a financial offer to him to allow this relocation. You need to work this plan and we'll help you through — it is, oh Lord, we'll help you through it — so that it may affect how much we will offer him."
JASON NEWLIN: "Maybe he'd be willing to let you relocate if he knew his children would attend a private Hebrew academy like Donna Klein in Boca, or perhaps he'd like them to invite him to a Christmas party at their other Sunday school," in quotes.
JASON NEWLIN: And then she says, "I know you would never want to think that you didn't do absolutely everything you could to try to come down to your family."
JASON NEWLIN: "We don't want Danny to continue his religious influence over these children any more than what he's already done. If he keeps this up, they won't want to eat in your non-kosher home. As they get older and more involved under Gibbers's religious influence, they will be able to request which parent they want to live with. Don't allow Gibbers to have this power and control over them — then in reality he's going to have the same control over you. Dad and I" — referred for the person — "this is time for you. It's time for you to show us that you can put on the performance of your life for the next few weeks."
JASON NEWLIN: "We send this letter with our love and only the best intentions. Mom and Dad."
MS. CAPPLEMAN: You mentioned this as we were going through, but there's a reference to "Dad and I" in the text, right?
JASON NEWLIN: Correct.
MS. CAPPLEMAN: Could we go to tab EE, please?
MS. CAPPLEMAN: What is this filing?
JASON NEWLIN: Motion to enforce marital settlement agreement and to show cause why the former husband should not be held in contempt of court.
MS. CAPPLEMAN: And what does Wendi Adelson allege in this motion to enforce the marital settlement agreement?
JASON NEWLIN: "Require the former husband to immediately transfer to the former wife the remaining amount due to her."
MS. CAPPLEMAN: So she's saying he hasn't paid?
JASON NEWLIN: Hasn't paid.
MS. CAPPLEMAN: Correct. Okay. And is there an email prior to this filing indicating that Donna Adelson was aware of this upcoming deadline — or, I guess, the deadline had already passed at this time, but the deadline, the fact that he had not made payment, and the possibility of Wendi taking him back to court?
JASON NEWLIN: Yes. The email was from October 15th. The filing was October 31st.
MS. CAPPLEMAN: Can we go to GG, please?
MS. CAPPLEMAN: What — was filed in GG?
JASON NEWLIN: Former husband's request to produce to former wife.
MS. CAPPLEMAN: And did the defendant discuss this request to produce in an email?
JASON NEWLIN: She did.
MS. CAPPLEMAN: Did she formulate in this email a plan of attack — or suggest a plan of attack — to deal with Danny's request to produce?
JASON NEWLIN: She did.
MS. CAPPLEMAN: What does she say in there?
JASON NEWLIN: In the first paragraph it's, "Let's aggravate him the way he's trying to aggravate you and make him do the research and show statements from every month, from the date of your marriage to the date of the filing of the divorce. You need to see whatever he deposited into those accounts, where the money came from. It's very possible some of it came from your joint Schwab account, and then he's up Schitt's Creek."
MS. CAPPLEMAN: Does she specifically reference the deposition?
JASON NEWLIN: "It just seems ridiculous for him to be able to depo you, but for you and Kristen to not give him the same crap he's pulling on you. It's time to give it to him also. Also, what can your attorney do to be proactive to give him some grief, and can you meet with her and work out a plan of attack?"
MS. CAPPLEMAN: She does what else?
JASON NEWLIN: Well — "It's signed, 'Love you, Mom,' but something has to be done with this asshole. Love you, Mom and Dad."
JASON NEWLIN: "Love, Mom and Dad."
MS. CAPPLEMAN: All right, and let's go to tab HH, please.
MS. CAPPLEMAN: What is this filing?
JASON NEWLIN: This is an amended notice of hearing.
MS. CAPPLEMAN: Okay. And on what date was this filed?
JASON NEWLIN: February 11, 2014.
MS. CAPPLEMAN: Okay. So how close are we getting to the murder of Dan Markel at this point?
JASON NEWLIN: We're almost five months.
MS. CAPPLEMAN: In the amended notice of hearing, does Mr. Markel offer to settle the divorce?
JASON NEWLIN: He does.
MS. CAPPLEMAN: Okay, and what is he saying about the settlement?
JASON NEWLIN: One of the suggestions is neither party will seek to relocate in the future with the children without the consent of the other party. If the offer above is not accepted by the deadline, then it fast-forwards. Mr. Markel will file his motions and memoranda and supporting documents that detail how Ms. Adelson failed to disclose substantial assets in violation of the Florida rules and the master settlement agreement.
JASON NEWLIN: How Ms. Adelson fraudulently induced the settlement, how she made numerous instances of demonstrably false testimony before the court and under oath and deposition, how she ignored court orders, discovery requests, and made false responses to the latter.
MS. CAPPLEMAN: And Wendi Adelson was a lawyer, member of the Florida Bar at the time, right?
JASON NEWLIN: She was. May still be, I don't know.
MS. CAPPLEMAN: Okay, go ahead.
JASON NEWLIN: If this offer is not accepted by the deadline, Mr. Markel will file his motion and memoranda of law and supporting documents, and these will allege and with other evidence demonstrate that Ms. Adelson engaged in misconduct, including but not limited to filing a frivolous petition to relocate that had already been deemed impossible to win by another board-certified lawyer, standing by silently while her client divulged privileged attorney-client information, advising Ms. Adelson to interfere with Mr. Markel's parental rights, and becoming a willing instrumentality of or participant in Ms. Adelson's financial misconduct related to the disclosures and discovery process related therein.
MS. CAPPLEMAN: So he's going after Wendi and he's going after her lawyer as well, right?
JASON NEWLIN: That's correct.
MS. CAPPLEMAN: And does Wendi Adelson forward this email to the defendant?
JASON NEWLIN: She does.
MS. CAPPLEMAN: Let's go to tab JJ, please.
MR. ZELMAN: I don't object to this being shown. The exhibit hasn't been entered in evidence. I know that most of this will be. However, I'm objecting to this being shown to the jury, and specifically, the testimony concerning this, based on the proffer that we had earlier.
JUDGE EVERETT: You may lay the foundation as to JJ, Ms. Cappleman, but until it is in fact entered, there is no publication.
MS. CAPPLEMAN: What is the document in JJ?
JASON NEWLIN: The former husband's counter-motion for enforcement of MSA on parenting issues and motion for contempt and sanctions.
MS. CAPPLEMAN: And is this the motion that includes the allegations "Grandma says you're stupid"?
JUDGE EVERETT: This is the foundation for the contents of the document, Ms. Cappleman; objection is sustained.
MS. CAPPLEMAN: Are you familiar with the contents of the motion?
JASON NEWLIN: I am.
MS. CAPPLEMAN: Okay, and are the contents of that motion present in an email that was dated before the filing of the motion on 12-17-13?
MS. CAPPLEMAN: I'm referring to JJ.2.
JASON NEWLIN: Yes, the email is a forwarded email. The original email is 12-16 and it was forwarded on 12-17.
MS. CAPPLEMAN: Okay, so who sent the email on 12-16?
JASON NEWLIN: Dan Markel sent the email to Wendi Adelson and their parenting coordinator.
MS. CAPPLEMAN: All right, and then you say it was forwarded. Who was it forwarded to?
JASON NEWLIN: Donaharvey at gmail.com.
MS. CAPPLEMAN: Okay, and that was on 12-17 of '13?
JASON NEWLIN: That's correct.
MS. CAPPLEMAN: And did someone respond to the email?
JASON NEWLIN: They did.
MS. CAPPLEMAN: And what did the person say?
JASON NEWLIN: "Wow" with an exclamation point.
MS. CAPPLEMAN: Okay, and the contents of JJ — that motion that was ultimately filed — you mentioned they were sent to the court parenting coordinator. Did the parenting coordinator give a response to Dan Markel's allegations? I'm referring to JJ.3.
JASON NEWLIN: Yes. This is another one of those convoluted emails, but yes, so the parenting coordinator —
MS. CAPPLEMAN: You mentioned that the original email was sent — so 12-16 Dan Markel sent the email, 12-17 it was forwarded to Donna Adelson, 12-18 the parenting coordinator replied. All right. And the parenting coordinator's reply — was that then forwarded to the defendant as well?
JASON NEWLIN: Yes.
MS. CAPPLEMAN: And so on that — is that part of that thread, a second version of this content that we're talking about that Dan Markel is alleging?
JASON NEWLIN: Yes, it is.
MS. CAPPLEMAN: Okay, so it was sent to the Donna Harvey email twice?
JASON NEWLIN: Correct.
MS. CAPPLEMAN: And the second time it was sent — the one that includes the parenting coordinator's response — how is that email addressed?
JASON NEWLIN: "Dear Mom and Dad, here's the Skype phone plan for the holidays. Please help me do this. It means less stress for me if you just follow it. Love."
MS. CAPPLEMAN: Judge, at this time I'd ask to move into evidence State 60.
MR. ZELMAN: State 60 — we would object to JJ coming in with the attachments.
JUDGE EVERETT: State 60 is admitted except for JJ, and the remaining portions of the foundation as to JJ may be laid through additional witnesses.
MS. CAPPLEMAN: All right. The hearing on this motion that Dan Markel filed — was it ever conducted?
JASON NEWLIN: This JJ motion? I believe it was the grandma motion that was heard. I'm trying to figure out the dates here. No, there were — the hearings continue to get reset.
MS. CAPPLEMAN: Okay, and what prevented the hearing from occurring?
MR. ZELMAN: Lack of personal knowledge and lack of foundation.
JUDGE EVERETT: Overruled, if the witness through his investigation is aware. He may answer the question based on his knowledge in that room.
JASON NEWLIN: Eventually, Mr. Markel was murdered.
MS. CAPPLEMAN: Before the hearing took place?
JASON NEWLIN: Yes.
MS. CAPPLEMAN: One moment, please, Your Honor.
JUDGE EVERETT: Take your time.
MS. CAPPLEMAN: No further questions.
JUDGE EVERETT: Cross-examination.
MR. ZELMAN: I want you to turn to B, and I think it's .4 B.4.
MR. ZELMAN: That email — does it indicate who the sender is?
JASON NEWLIN: It says Donna Harvey Adelson.
MR. ZELMAN: Not Donna?
JASON NEWLIN: No.
MR. ZELMAN: Okay, and then — is there any, you know, "love Mom" or anything like that at the end of that email?
JASON NEWLIN: There is not.
MR. ZELMAN: So you don't know who sent that, do you?
JASON NEWLIN: Let me go through it again.
JASON NEWLIN: No.
MR. ZELMAN: To JJ.2.
MR. ZELMAN: So that one-word response is from the shared email address of Donna Harvey, correct?
JASON NEWLIN: That's correct.
MR. ZELMAN: Isn't it true that emails from Donna Adelson are much lengthier than a one-word response?
JASON NEWLIN: They generally are.
MR. ZELMAN: I want you to turn to Y.2.
MR. ZELMAN: When Ms. Cappleman was questioning you about that, you testified that the email says, "so at the moment she will not be allowed to relocate." You didn't finish the rest of that sentence.
MR. ZELMAN: Isn't it true it says, "unless at some point in the future Danny chooses to move. If he chooses to move, then Wendi can relocate"?
JASON NEWLIN: Yes.
MR. ZELMAN: After The relocation was denied, my client sent that lengthy email — I believe it's at Z.2.
JASON NEWLIN: Yes.
MR. ZELMAN: Isn't it true that although my client made these suggestions, Wendi Adelson later responded and said, "I'm not doing this"?
JASON NEWLIN: I do recall an email from Wendi saying, "Mom, I'm not doing this."
MR. ZELMAN: Just a moment, Your Honor.
MR. ZELMAN: Nothing further for this witness, Your Honor.
JUDGE EVERETT: Redirect examination.
MS. CAPPLEMAN: Did it happen for Wendi and the boys?
MS. CAPPLEMAN: After the murder, where did they move after the murder?
JASON NEWLIN: A couple blocks away from Donna and Harvey Adelson. Well, they moved in with Donna and Harvey Adelson for about a year, and then permanently to a location a couple blocks away.
MS. CAPPLEMAN: No further questions.
JUDGE EVERETT: You may step down, Mr. Gitterdum.
JUDGE EVERETT: Will he be recalled again by the State or by the Defense?
MS. CAPPLEMAN: Potentially, Judge.
JUDGE EVERETT: You you remain under subpoena.