3.Robert Adelson — Direct/Cross
547 linesJUDGE EVERETT: The State's next witness will be whom this afternoon?
MS. DUGAN: Robert Adelson.
JUDGE EVERETT: All right. You can bring the jurors back in.
MS. DUGAN: And, Judge, I think did you want to instruct him first?
JUDGE EVERETT: Oh, yes. Yes, yes, yes.
MS. DUGAN: So could I go ahead and call him, then?
JUDGE EVERETT: One moment. Don't bring the jurors in just yet. You can bring in Mr. Adelson.
Everyone can be seated.
Mr. Adelson, before you testify this afternoon, I just wanted to make sure the Court's prior ruling on this matter you understood and you were clear on.
when you're testifying, you are not to testify about any opinions that you have concerning whether your family members or your mother may have committed a crime. Do you understand this?
ROBERT ADELSON: Yes.
JUDGE EVERETT: Does the Defense or State wish for there to be any further instruction from the Court that does not otherwise cover the substance of the ruling?
MS. DUGAN: No, Sir.
MS. FULFORD: No, sir.
JUDGE EVERETT: Please bring in the jurors.
For everyone in the gallery, again, as you are watching the evidence and testimony, please remain quiet. If you need to speak with each other, please do so silently or step out in the hallway. There should not be any murmuring happening whatsoever as the witnesses are testifying.
Please bring them in.
(Jury in courtroom.)
JUDGE EVERETT: Mr. Adelson, remain standing. Everyone else can be seated.
Please raise your right hand to be sworn.
whereupon, ROBERT ADELSON was called as a witness, having been first duly sworn, was examined and testified as follows:
JUDGE EVERETT: You may take your seat. Please speak loudly and clearly, you can adjust the microphone as needed.
Ms. Dugan, you may examine.
DIRECT EXAMINATION BY MS. DUGAN:
MS. DUGAN: Could you tell us your name and spell your name for our court reporter, please?
ROBERT ADELSON: Sure. Robert Todd Adelson, A-D-E-L-S-O-N.
MS. DUGAN: Thank you. And what state do you currently live in?
ROBERT ADELSON: New York.
MS. DUGAN: And how long have you lived in New York?
ROBERT ADELSON: Twelve, 13 years.
MS. DUGAN: So since maybe 2012?
ROBERT ADELSON: Yes.
MS. DUGAN: All right. what do you do for a living in New York?
ROBERT ADELSON: I'm an ENT.
MS. DUGAN: So ear, nose, and throat doctor?
ROBERT ADELSON: Yes.
MS. DUGAN: And how long have you worked as an ENT?
ROBERT ADELSON: Twenty years.
MS. DUGAN: How do you know the Defendant in this case, Donna Adelson?
ROBERT ADELSON: She's my mother.
MS. DUGAN: And Harvey Adelson's your dad?
ROBERT ADELSON: Yes.
MS. DUGAN: wendi and Charlie Adelson are your siblings?
ROBERT ADELSON: Yes.
MS. DUGAN: And where did you grow up?
ROBERT ADELSON: In Coral Springs, Florida.
MS. DUGAN: Is that a bit north of Miami?
ROBERT ADELSON: Yep.
MS. DUGAN: About how long of a drive?
ROBERT ADELSON: About an hour north of Miami.
MS. DUGAN: when you-all were growing up, did you-all, the five of you, live in the same house as a family?
ROBERT ADELSON: Yes.
MS. DUGAN: And who's the oldest child?
ROBERT ADELSON: I am.
MS. DUGAN: who's the middle child?
ROBERT ADELSON: Charlie.
MS. DUGAN: How many years between you and Charlie?
ROBERT ADELSON: Three years between Charlie and I.
MS. DUGAN: And then who's -- the youngest, then, is wendi?
ROBERT ADELSON: Yes.
MS. DUGAN: And how many years between Charlie and wendi?
ROBERT ADELSON: Three years.
MS. DUGAN: when you were 18, did you move out of the coral Springs house?
ROBERT ADELSON: Yes, when I went to college.
MS. DUGAN: And did you go to college at University of Florida?
ROBERT ADELSON: I went to Tulane.
MS. DUGAN: Oh, thank you. Did you go to -- did you live in Gainesville at some point, though?
ROBERT ADELSON: I did, yes.
MS. DUGAN: Okay. Thank you. So after you went to college at Tulane and then went on to med school, went on to residency, throughout those years did you continue to talk to your parents and your siblings on a regular basis?
ROBERT ADELSON: Yes.
MS. DUGAN: And would you see them a couple times a year?
ROBERT ADELSON: Yes.
MS. DUGAN: when you were in school, would you go home for the summer?
ROBERT ADELSON: Yes.
MS. DUGAN: Based on your personal observations throughout your life of your parents and of your siblings, who is the leader in the family? who tends to run the show?
ROBERT ADELSON: I think my mom.
MS. DUGAN: So Donna Adelson?
ROBERT ADELSON: Yes.
MS. DUGAN: would you describe Donna Adelson's personality as being more controlling or more laid back?
ROBERT ADELSON: I think more on the controlling side.
MS. DUGAN: what about, is she kind of a more assertive person ora more passive person?
ROBERT ADELSON: More assertive.
MS. DUGAN: what about your dad, Harvey Adelson, what's his personality like?
ROBERT ADELSON: I think he's more passive, more go with the flow.
MS. DUGAN: Okay. So they're kind of opposites in that way a bit?
ROBERT ADELSON: Yeah.
MS. DUGAN: when you and your siblings were growing up, was Donna Adelson a very involved parent?
ROBERT ADELSON: Yes.
MS. DUGAN: And when I say, involved, as far as with your life and with your friends and with school and with that type of thing?
ROBERT ADELSON: Absolutely.
MS. DUGAN: Did she have certain fixed ideas throughout your life of certain things she wanted to happen in you and your siblings’ life?
ROBERT ADELSON: Yeah, absolutely.
MS. DUGAN: Was it acceptable if you decided to not do those certain things that she was fixated she wanted you to do? was that acceptable to her or no?
ROBERT ADELSON: No. I think she had certain sort of rigid, fixed ideas or impressions for what she wanted for us, and if you went along with that, things were fine; if you didn't, things were not fine.
MS. DUGAN: Did she have strong opinions about who you-all married and what you-all did for a living and those types of things?
ROBERT ADELSON: Yes.
MS. DUGAN: And you're obviously a doctor. was that an acceptable profession to her?
ROBERT ADELSON: Yes. Yeah, I was okay.
MS. DUGAN: And was that one of the reasons you became a doctor?
ROBERT ADELSON: Yes.
MS. DUGAN: How involved was Donna in yours, Charlie, and wendi Adelson's life after you grew up, became adults, and had kids of your own?
ROBERT ADELSON: I think still involved.
MS. DUGAN: was she more involved with your life, Charlie's life, or wendi's life, would you say?
ROBERT ADELSON: Probably more involved with wendi, and probably to a lesser degree with Charlie.
MS. DUGAN: And then would you be the -- kind of the least -- she's the least involved with your life out of the three?
ROBERT ADELSON: Yeah, probably because I was older and -- but, sure, I agree.
MS. DUGAN: So you're the oldest child, you're out of the house before the other two?
ROBERT ADELSON: Yeah.
MS. DUGAN: And then you also lived other places after you went to college throughout the rest of your life?
ROBERT ADELSON: Yes.
MS. DUGAN: Now, was this like a healthy level of involvement that she had with the three of your lives, or was it more of like a micromanaging as you saw it?
ROBERT ADELSON: I think it was certainly between over involved and controlling. It probably lended itself more toward controlling, but, you know, in various realms more or less, but I think certainly that was a tension.
MS. DUGAN: So a little more on the controlling side?
ROBERT ADELSON: Yes.
MS. DUGAN: And does that include your personal lives, as far as your relationships and in your professions, your jobs?
ROBERT ADELSON: Yes.
MS. DUGAN: was it Charlie who always needed more attention than the other two children?
ROBERT ADELSON: I think so, yes.
MS. DUGAN: when did wendi's life start becoming one that she needed to pay or give more attention to?
ROBERT ADELSON: You know, I think when she had some troubles in her marriage. You know, I wasn't aware if there were any troubles in her marriage until wendi left, but I think around that time. And she had two young children. I think that was when she became more involved, and I was, at that point, you know, living a pretty good distance away.
MS. DUGAN: were you living in Philadelphia at the time?
ROBERT ADELSON: Yeah. First in Philly, and then in New York, where we live now.
MS. DUGAN: And so Charlie always got a lot of attention, and then Donna also started giving her attention also to Wendi's life once wendi starts going through the separation or = divorce?
ROBERT ADELSON: Yeah, I agree.
MS. DUGAN: From your interactions with Donna Adelson, through your whole life going growing up and even as an adult, would you describe her as someone who is mentally sharp, thinking about things from all angles, or is she someone who's a little more gullible?
MS. FULFORD: I'm going to object. Judge, there was a pretrial ruling on this issue.
JUDGE EVERETT: Please approach.
(Sidebar conference as follows:)
MS. FULFORD: The pretrial ruling, Judge, was that if the State opened the door claiming that our client was stupid that the State could go into this. But unless we open the door saying something was wrong with her, they weren't going to be allowed to go into this.
JUDGE EVERETT: MS. Dugan, response?
MS. DUGAN: My memory of it was that if I laid the foundation, I could have him talk about the characteristics of the people in his family.
MS. FULFORD: That was on the specific issue. Your Honor ruled it would be open for rebuttal if we opened the door.
JUDGE EVERETT: AS to personality traits, I believe the ruling was that it would be rebuttal as to whether, I believe, this is going to her ability or mental acuity of some sort. Is that what we're tying to get into, Ms. Dugan?
MS. DUGAN: No. I'm trying to ask, like is her personality, is she someone who is very gullible or is she someone who is sharp?
JUDGE EVERETT: well -- go ahead, Ms. Fulford.
MS. DUGAN: Not whether she's stupid.
MS. FULFORD: The ruling prohibited that. It said that the Defense would have to raise the issue claiming that she wasn't able to comprehend stuff, that she was easily taken advantage of, and so --
MS. DUGAN: I do believe in opening they also said, you know, Charlie told her to write checks, so she just wrote the checks. She is like a mere employee of his.
JUDGE EVERETT: All right. The opening, once again, is not evidence. Specifically as to the personality trait of -- now, as to the personality traits that were brought out on cross-examination by wendi Adelson, I believe this concerned her positive personality traits. Nothing was gone into about, is she gullible or is she someone who easily follows or some form of misinformation or being misled.
MS. DUGAN: Did they ask that?
JUDGE EVERETT: I believe they stayed away from that topic. As to personality traits that deal with -- let me go back to my notes. One moment.
Personality traits that were gone into were about her being selfless, being positive, and what she would do for others. As to those things, you certainly can rebut as to any personality traits that this witness or another witness is aware of. But thus far, it has not gone into whether she was gullible, or in some way being misled into something she never knew about. If you still wish to go down this line of questioning, we are going to need to find the witness who otherwise opened the door for this topic.
MS. DUGAN: So these witnesses are flying in, right --
JUDGE EVERETT: I know.
MS. DUGAN: -- so are they not going to be arguing, as they said in opening, that she's just merely writing checks without asking any questions?
MS. FULFORD: I didn't say that.
MS. DUGAN: You said she's --
MS. FULFORD: I did not say --
MS. DUGAN: You said she's just his employee and that he told her and so she just did it. So I think that the --
JUDGE EVERETT: what I will permit is this. You may ask the witness what his knowledge is of how the business operated and how it ran. Beyond that, specifically as to whether she was being gullible or misled, that door has not been opened. But if he's aware of how the business ran or any of her other personality traits, then you are permitted to inquire into -- go into that. You may ask on those topics.
MS. DUGAN: Okay. Thank you.
(Sidebar conference concluded.)
JUDGE EVERETT: Objection is sustained. You may continue with your examination.
BY MS. DUGAN:
MS. DUGAN: were Charlie and Donna Adelson dependent on each other or pretty independent from each other?
ROBERT ADELSON: I would say they -- I mean, Charlie was probably somewhat dependent on my mom to help him out with organizing stuff, his dental practice. I mean, he probably relied on her a lot.
MS. DUGAN: And you mentioned the dental practice. When you were growing up, who owned the dental practice?
ROBERT ADELSON: My dad.
MS. DUGAN: And throughout your life, was Donna Adelson in charge of the money at Adelson Institute?
ROBERT ADELSON: I was -- you know, I wouldn't know the inside workings of it, but I always remember my mom, like, signing checks and writing a checkbook at the table, like, when I was back in middle school or high school, so --
MS. DUGAN: So even back then, she would do some bookkeeping or payroll-type things at home?
ROBERT ADELSON: That's my memory of it.
MS. DUGAN: And then did the dental practice -- you said it obviously started out as Harvey's. Do you remember a time when Charlie Adelson took over?
ROBERT ADELSON: I remember my dad making a joke about him having a very understanding boss because Charlie was now his boss, so --
MS. FULFORD: I'm going to object to hearsay.
JUDGE EVERETT: Do not testify to what others have stated out of court. You may testify as to your knowledge but not what someone else specifically said. The objection is sustained.
You may continue.
BY MS. DUGAN:
MS. DUGAN: I understand you were telling us how you remember that, but can you just tell us around that what year do you remember that happening?
ROBERT ADELSON: Around 2012 Charlie purchased the practice.
MS. DUGAN: And then was there a time that you remember Charlie somehow selling it back to -- Harvey Adelson is then becoming the head of the practice again?
MS. FULFORD: I'm going to object, unless he has personal knowledge.
JUDGE EVERETT: I will permit you to answer the question if you have knowledge of this matter.
ROBERT ADELSON: My memory of that was sometime in like fall to winter of 2015 to '16, somewhere right around there. That's my memory.
BY MS. DUGAN:
MS. DUGAN: So fall to winter of 2015?
ROBERT ADELSON: Turning into --
MS. DUGAN: Turning into 2016?
ROBERT ADELSON: -- 2016. That's my memory.
MS. DUGAN: Now, you mentioned Donna Adelson doing payroll at Adelson Institute throughout your life. If someone were to ask Donna -- or if someone asked Donna Adelson to do something, is she the type of person that just snaps to it, or does she have some questions first?
MS. FULFORD: I'm going to object based on the ruling, Judge.
JUDGE EVERETT: Overruled. This does not go to the motion in limine. You may answer the question.
ROBERT ADELSON: No. TI don't think she would just snap to and do what someone told her to.
BY MS. DUGAN:
MS. DUGAN: Is she the type of person who is going to have some questions --
ROBERT ADELSON: Yes.
MS. DUGAN: -- if you ask her to do something?
ROBERT ADELSON: Yes. I think she would definitely have some questions.
MS. DUGAN: How did Donna Adelson feel about Dan Markel when he and wendi first got together and were headed towards marriage?
ROBERT ADELSON: She was very positive about him.
MS. DUGAN: So he was somebody she approved of?
ROBERT ADELSON: Yes.
MS. DUGAN: And how did that change as Wendi and Danny's relationship soured, they ended up moving towards divorce?
ROBERT ADELSON: So I really only heard anything bad about Danny after wendi moved out. I didn't hear anything bad about him prior to that date.
MS. DUGAN: So just kind of went from, everything's fine, to then hearing bad things about him?
ROBERT ADELSON: Yes.
MS. DUGAN: when you say, hearing bad things about him, like, from her? From Donna Adelson? I'm sorry.
ROBERT ADELSON: Yes.
MS. DUGAN: And how did Donna Adelson feel about Dan Markel in 2014?
ROBERT ADELSON: I mean, she hated him.
MS. DUGAN: And would this come from -- your knowledge of that come from things that she would say to you?
ROBERT ADELSON: Yes.
MS. DUGAN: Did you observe that wendi played a bit of a damsel in distress in your opinion in the divorce?
ROBERT ADELSON: Yes, I think that's a good way to describe it.
MS. DUGAN: Did Donna Adelson ever talk to you about wendi Adelson and Dan Markel's divorce?
ROBERT ADELSON: I apologize, did Donna Adelson -- I apologize. Can I hear the question --
MS. DUGAN: I'm sorry. Did Donna Adelson ever talk to you about wendi and Dan Markel's divorce?
ROBERT ADELSON: Some. I mean, the phrase that sticks in my head is, Danny was depoing wendi to death. You know, I wasn't involved with, you know, all the various motions. I remember that phrase. I remember there being a lot of court motions back and forth. But I remember that phrase, and I remember, you know, some complaints about like very long either mediation or depositions that wendi had to endure.
MS. DUGAN: So this is Donna saying wendi is having to go through these things?
ROBERT ADELSON: Yes.
MS. DUGAN: And just telling you about it?
ROBERT ADELSON: Yes.
MS. DUGAN: How did Donna tell you that, or did she tell you that -- how wendi was planning to leave Dan Markel and give him the news that she was leaving the marriage?
MS. FULFORD: I'm going to object to hearsay.
JUDGE EVERETT: You're going to need to rephrase this in such a way the witness can answer, Ms. Dugan.
MS. DUGAN: Sure.
BY MS. DUGAN:
MS. DUGAN: How did Donna Adelson describe to you how wendi Adelson left the marriage?
MS. FULFORD: I'm going to object to hearsay.
JUDGE EVERETT: Ms. Dugan, please approach.
(Sidebar conference as follows:)
JUDGE EVERETT: I believe the question, was how did Donna describe this to you, and you're still objecting as to hearsay, Ms. Fulford?
MS. FULFORD: Yes, Judge, because that would be her telling what our client said.
JUDGE EVERETT: All right. Are you offering this as the statement of a party opponent?
MS. DUGAN: Yes, sir.
MS. FULFORD: But this is about the marriage, nothing to do about the allegations here.
JUDGE EVERETT: well, is it being offered for any other purpose as well, such as coconspirator statement?
MS. DUGAN: Yes, if he's going to talk about how she and wendi had a plan for her to leave him in this terrible way.
MS. FULFORD: I think it's hearsay within hearsay because it's what Wendi said to Donna and Donna said to, potentially, this witness.
JUDGE EVERETT: If this is being offered as a coconspirator statement going to motive and you're using this to prove the conspiracy between the individuals, that's the only basis, but I believe this is, what did Donna say to Wendi is the question.
MS. DUGAN: This is, he -- Donna told him about a plan that she and wendi had to -- you know, Donna came up and used her maiden name to rent a place and they -- she had wendi call, like right Dan was supposed to speak, to tell him she was leaving the marriage.
JUDGE EVERETT: All right. As long as this does not involve anything that wendi said and this is Donna's plan, then --
MS. DUGAN: Donna and wendi, from my understanding.
JUDGE EVERETT: And this involves both their communications or just Donna's?
MS. DUGAN: This is when Donna is telling him about the plan that Donna and wendi had to cause the most damage, I guess, to Dan Markel --
MS. FULFORD: I'm sorry, I don't understand. How is this related to murder and what --
MS. DUGAN: Because it goes to motive.
MS. FULFORD: I'm sorry, I wasn't done. How does it have anything to do with, this, the question about causing damage? we haven't been giving any information about causing damage to Dan Markel other than the allegations of this crime.
MS. DUGAN: This goes to motive.
JUDGE EVERETT: I believe this witness was previously deposed, was he not?
MS. FULFORD: I was.
JUDGE EVERETT: On the grounds of a statement by party opponent, and also statements of co-conspirators, I will allow it as to that; however, these must be the statements that are attributed to Donna, not Wendi. This is clear, Ms. Dugan?
MS. DUGAN: Yes.
(Sidebar conference concluded.)
JUDGE EVERETT: Objection is overruled.
You may continue with your examination.
BY MS. DUGAN:
MS. DUGAN: what did Donna Adelson tell you about the plan for wendi Adelson to leave the marriage?
ROBERT ADELSON: Sure. She told me that when -- that she had been in Tallahassee for several months.
MS. DUGAN: This is Donna Adelson had been?
ROBERT ADELSON: Yes. That she had been in Tallahassee for several months renting a new place for wendi, arranging for movers, moving money around and getting things set up. I only knew this after wendi had moved out. But she was relating to me what had occurred over the summer. And so I heard this all at once, but, you know, probably five, six days after wendi had moved out. And then told me that the -- you know, somewhat gleefully or, you know, pleased, that they timed the phone call to Danny right before he was supposed to give a speech at the meeting he was at.
MS. DUGAN: So a couple questions about that. You said Donna said that she had been up here in Tallahassee moving the money around and getting things ready for wendi. Do you mean for when wendi moved out and needed a place of her own?
ROBERT ADELSON: Yes.
MS. DUGAN: And what did Donna tell you that she did to try to, I guess, hide the fact that they were renting a place for + wendi?
ROBERT ADELSON: I remember her saying she had used her maiden name so there wouldn't be an Adelson up here renting, you know, or hiring movers or such.
MS. DUGAN: Just so like word of mouth wouldn't get around that wendi Adelson was renting an apartment, something like that?
ROBERT ADELSON: Sure.
MS. DUGAN: So they used Donna's maiden name?
ROBERT ADELSON: Yes.
MS. DUGAN: Donna did? And then you said that their plan was to -- for wendi to call Dan Markel as he was getting on stage, or right before he got on stage to give a speech at a conference?
ROBERT ADELSON: That's what I was told.
MS. DUGAN: And what was Donna's demeanor when she was describing this plan to you, about how she was able to set up this place for wendi to live in, everything was ready for her, and then this is how she gave Dan the news?
ROBERT ADELSON: I think she sounded --
MS. FULFORD: I'm sorry. I'm going to object. She said Donna is the one that gave the news? If not, then we object to him saying --
JUDGE EVERETT: I believe the question was, what was her demeanor? You may answer the question.
ROBERT ADELSON: She sounded pleased to me.
BY MS. DUGAN:
MS. DUGAN: Did you ever see Donna Adelson doing anything to help wendi Adelson with the divorce?
ROBERT ADELSON: You know, I think she was, you know, answering a lot of emails and looking over emails that went back and forth, you know, looking over motions and such.
MS. DUGAN: Did you personally see that when she was visiting you? Did you see Donna Adelson doing those things?
ROBERT ADELSON: Yes.
MS. DUGAN: Was there an occasion when you-all were in the hospital and Donna came to visit and was doing those things in the hospital?
ROBERT ADELSON: I think it was at our home at the time right before we went to the hospital, but, yes, that's where we saw the email.
MS. DUGAN: And while she was at your house during that time, was that when you were living in Philadelphia?
ROBERT ADELSON: That was in Albany.
MS. DUGAN: Albany? Okay. Did she want the wi-Fi at that time so that she could get on the Internet and work on these = filings?
ROBERT ADELSON: Yeah. She said she had things to do to help out ~with the divorce.
MS. DUGAN: what date would that have been, do you remember?
ROBERT ADELSON: October of ‘12.
MS. DUGAN: Did Donna Adelson tell you that wendi Adelson was trying to get permission to relocate to Miami?
ROBERT ADELSON: Yes.
MS. DUGAN: And did Donna Adelson tell you about the million-dollar bribe she wanted to offer Dan Markel?
ROBERT ADELSON: Yes.
MS. DUGAN: During the year or two after wendi Adelson left Dan Markel, how much time was Donna Adelson spending in Tallahassee?
ROBERT ADELSON: From --
MS. FULFORD: I'm going to object unless he had personal knowledge of her being here.
JUDGE EVERETT: You may answer as to your personal knowledge on the subject matter.
MS. DUGAN: I can rephrase, Judge.
BY MS. DUGAN:
MS. DUGAN: Did Donna Adelson tell you information about how much time she was having to spend in Tallahassee?
ROBERT ADELSON: Yeah. She said that wendi needed a lot of help because now, you know, she has two boys on her own, and so she was up there a lot. And I think the -- so to answer that, yes.
MS. DUGAN: who cared more about Wendi Adelson's divorce from your conversations, was it Donna or Charlie?
ROBERT ADELSON: Donna.
MS. DUGAN: what types of things does Charlie care about? what are the kinds of things is he really into?
ROBERT ADELSON: You know, like go-carts, jet skis, going out, boats. Not Wendi's divorce.
MS. DUGAN: And is Donna Adelson very into her kids and grandkids and --
ROBERT ADELSON: Yes.
MS. DUGAN: -- their success?
ROBERT ADELSON: Yes.
MS. DUGAN: Do you think wendi's divorce or her moving -- I guess do you think wendi and her boys moving to Miami was particularly important to Charlie Adelson from your observations?
ROBERT ADELSON: I don't think so.
MS. DUGAN: During the divorce, from your conversations with Donna, was she fixated on wendi taking this job with a guy named Gary Cohen in Miami?
ROBERT ADELSON: Yes. That was a common discussion point.
MS. DUGAN: Did she seem like it was just something that she kind of thought would be a good idea or something that she seemed to have a real obsession with?
ROBERT ADELSON: It came up a lot in my discussions with her about this job with Gary, you know, where she would be making a million dollars a year and she'd be a partner, and it was something that was brought up a lot, and she'd be able to take care of her kids in a way that she couldn't up in Tallahassee. And it was -- you know, it was probably the one thing that she mentioned to me, the only time I heard any anger after the murder had occurred, was that I asked, you know, is Wendi going to go work for Gary now? And she told me that --
MS. DUGAN: And did Gary -- did the job end up not working out?
ROBERT ADELSON: As far as I know, it didn't.
MS. DUGAN: And you heard some anger from Donna when that happened?
ROBERT ADELSON: She said his partners wouldn't let them hire her until they --
MS. DUGAN: Okay. But she -- there was some anger there because the job didn't end up working out?
ROBERT ADELSON: Yes.
MS. DUGAN: They couldn't hire wendi, or didn't want to hire wendi after all?
ROBERT ADELSON: That's what I was told.
MS. DUGAN: Okay. Thank you.
Now, during the summer of 2014, did wendi Adelson -- I'm going to move on to 2014 now. Did wendi Adelson send you a text where she referenced having a boyfriend?
ROBERT ADELSON: Yes.
MS. DUGAN: And was this before Dan Markel's murder?
ROBERT ADELSON: Yes.
MS. DUGAN: why was that memorable to you?
ROBERT ADELSON: It was just unusual. You know, wendi never was someone who would, you know, share her romantic life, her boyfriends or, you know, tell me or text me about anyone she was dating, so it just stood out as, you know, unique or different.
MS. DUGAN: Okay. what did she -- was there something in particular that she said that struck you as also unusual?
MS. FULFORD: Objection, hearsay.
JUDGE EVERETT: Sustained.
BY MS. DUGAN:
MS. DUGAN: Okay. I guess, was it your impression that your parents knew about this boyfriend at the time or no?
ROBERT ADELSON: No. The text said, don't tell the parents.
MS. FULFORD: Object to hearsay.
JUDGE EVERETT: Sustained.
Members of the jury, you are to disregard the last response of the witness.
MS. DUGAN: May I approach, Judge?
JUDGE EVERETT: You may.
(Sidebar conference as follows:)
MS. DUGAN: Judge, this is the text that I'm asking about and it does not go to the truth of the matter asserted. what I'm trying to elicit here is that this was sO unusual that it caused him to let the FBI know that she said that she had a secret boyfriend she hadn't told her parents about, and we heard from wendi Adelson that she had -- he had met her parents and she did know about him, so this goes to impeachment as well.
MS. FULFORD: we would also object to relevance, Judge.
JUDGE EVERETT: You said not offered for the truth of the matter asserted. what is it being offered for?
MS. DUGAN: To show that Wendi Adelson was kind of --
MS. CAPPLEMAN: Dropping breadcrumbs, if you will.
MS. DUGAN: Yeah, Jeff Lacasse.
MS. FULFORD: She was what?
MS. DUGAN: She was setting up Jeff Lacasse. She was dropping these breadcrumbs to the police.
MS. CAPPLEMAN: If I may, Judge. Another witness is going to testify that he had met the parents several times, this is Mr. Lacasse, before this was sent. This had the impact --
MS. DUGAN: But Wendi said it, too.
MS. CAPPLEMAN: -- which goes to our theory, the desired impact, of having this witness suggest to the FBI that the secret boyfriend might be responsible for the murder. we don't care whether she had a secret boyfriend or not. It's not offered for its truth. But the impact on this witness was to have him suggest Lacasse as a suspect to the FBI.
JUDGE EVERETT: Any responsive argument?
MS. FULFORD: No, Judge.
JUDGE EVERETT: Very well. The jurors cannot consider this for the truth of the matter asserted, but if this goes to your theory that wendi Adelson was attempting to create suspects as it related to the future homicide, you can argue it for that purpose.
MS. DUGAN: Thank you.
MS. FULFORD: will the jury be instructed it can't be considered for the truth of the matter asserted?
JUDGE EVERETT: Yes.
(Sidebar conference concluded.)
JUDGE EVERETT: You may continue your examination, Ms. Dugan.
BY MS. DUGAN:
MS. DUGAN: So I was asking you about this text that you received from wendi Adelson. Can you tell me about this text?
ROBERT ADELSON: Sure. She texted me that she was going to Gainesville for the weekend, and this was 2014, so I last lived in Gainesville about three years prior to that. Mentioned that she wanted -- mentioned the name of Jeff. I asked, who is Jeff? The response was, my boyfriend. And I responded, I didn't know. And said, you wouldn't. You know, I didn't hear it from the parents. And she says, they don't know. And so it just struck me as -- and then she sent me some pictures of Jeff with her and the boys. It just -- it struck me as unique because she'd never shared the name or photograph of a boyfriend before.
JUDGE EVERETT: Before you continue, Ms. Dugan. Members of the jury, as to the last question and response, you are not to consider the hearsay statement for the truth of the matter asserted. You may continue.
BY MS. DUGAN:
MS. DUGAN: So it was unusual for her to talk to you about boyfriends at all?
ROBERT ADELSON: Yes.
MS. DUGAN: But you also felt it was unusual that she's telling you about this boyfriend, when even your parents don't know about him yet?
ROBERT ADELSON: Right.
MS. DUGAN: And she was closer to her parents at the time than you?
ROBERT ADELSON: Correct.
MS. DUGAN: what date was that text message sent?
ROBERT ADELSON: The very end of June, like 26th or 28th of ‘14, but that last weekend.
MS. DUGAN: So it was prior to 4th of July weekend?
ROBERT ADELSON: Yes.
MS. DUGAN: And do you remember where in those photographs wendi is with her sons and Jeff?
ROBERT ADELSON: Like wakulla Springs, something like that.
MS. DUGAN: Okay.
ROBERT ADELSON: They were in front of a -- like a board that said ~=sithat.
MS. DUGAN: And did you let her know you wouldn't mention him to her parents -- or to your parents?
ROBERT ADELSON: Yes.
MS. DUGAN: Did that strike you as so unusual that after Dan Markel was murdered, you felt, I guess, compelled to tell police, like, hey, I heard she has this boyfriend she hasn't told anybody about named Jeff?
ROBERT ADELSON: Yes. You know, I did -- the FBI came to my house and I spoke to them once, and either it didn't come up or, you know, it's a bit nerve-wracking talking to the FBI. They didn't ask any questions about that. And then, you know, I guess over the ensuing week, I'd heard about, like, this Prius and this -- you know, this unsolved murder, and I remembered, you know, it struck me as odd that I was sent these photographs of a boyfriend, and not to tell the parents about him. And so that's when -- I wanted to have a clean conscience, so I reached out to the FBI and I said, you know, I don't know if this matters, but I figured I would, you know, tell you about this. And they came back for a second interview and looked at the pictures.
MS. DUGAN: when is your father, Harvey Adelson's, birthday?
ROBERT ADELSON: July 5.
MS. DUGAN: So on July 5th of 2014, how old would he have turned that year?
ROBERT ADELSON: seventy.
MS. DUGAN: And this is about two to three weeks before Dan Markel was killed?
ROBERT ADELSON: Yes.
MS. DUGAN: Did your family do anything to celebrate his birthday that year?
ROBERT ADELSON: Yes. we had a party at their condo and then --
MS. DUGAN: Okay. was there a gift from the family or from any of you to him?
ROBERT ADELSON: No. I remember an email -- and my dad is not someone who wants gifts or a big deal made about him, and so the email was something like, you know, your dad doesn't want gifts. He just wants all of his kids to be with him on his birthday.
MS. DUGAN: And was that from Donna Adelson?
ROBERT ADELSON: Yes.
MS. DUGAN: So she's basically just letting you know, you and your kids coming is going to be his gift?
ROBERT ADELSON: Correct.
MS. DUGAN: And everybody -- all the kids and grandkids being there?
ROBERT ADELSON: Correct.
MS. DUGAN: Did the family ever discuss going on a cruise?
ROBERT ADELSON: No, not with me.
MS. DUGAN: when a birthday gift is given for somebody in the family, does Donna Adelson typically say, we're going to get him this, everybody owes this much, everybody is going to pay a third, or whatever it is?
ROBERT ADELSON: Yeah. If there was like a big gift we're getting, they say, you know, we're getting this for someone and you can be part of it. That was not uncommon.
MS. DUGAN: So tell us at the party -- or about the party. You said it was at the Continuum?
ROBERT ADELSON: Yes, at their apartment.
MS. DUGAN: So is that like a condo building in Miami?
ROBERT ADELSON: Yes, Miami Beach.
MS. DUGAN: On Miami Beach, like South Beach?
ROBERT ADELSON: Yeah.
MS. DUGAN: And is it a secure building?
ROBERT ADELSON: It is very secure. It was -- you know, we were staying at a hotel down the street and there was like armed guards, and, you know, it was -- apparently there's a lot of celebrities that live there. It was very high -- a very secure building.
MS. DUGAN: And these celebrities that live there, were they people that you knew of, I mean, you knew who they were?
ROBERT ADELSON: Sure. Yeah. I mean, A-Rod. It's a --
MS. DUGAN: Did these people have kind of guards of their own too in the building?
ROBERT ADELSON: I don't know.
MS. DUGAN: Oh, okay. So the guards that you saw were the guards in the front?
ROBERT ADELSON: Yes.
MS. DUGAN: Had your parents -- how recently had they moved to the Continuum?
ROBERT ADELSON: You know, I got the idea it was certainly less than a year, like, I don't remember exactly. But it seemed like -- they said they were going to try living down in South Beach to see if they liked it for their retirement, and so it had to be sometime, you know, before because they were pretty well moved in there. But I don't remember the exact time. But if I'm guessing, like, maybe six months before or something like that.
MS. DUGAN: Okay. So by the weekend of the party, July 5th, are they like fully moved into their condo there?
ROBERT ADELSON: Yeah. Yes.
MS. DUGAN: And are they living there full time from what you know?
ROBERT ADELSON: It seemed like that, but I -- I couldn't -- I know they still owned the house in Coral Springs, so I don't know if they were just there on the weekends, but I couldn't say definitively, but it looked like they were living there fully.
MS. DUGAN: was his party on his actual birthday or another day of the week?
ROBERT ADELSON: No, on his actual birthday.
MS. DUGAN: was your brother, Charlie, there that weekend?
ROBERT ADELSON: Yes.
MS. DUGAN: wendi and her sons, were they there?
ROBERT ADELSON: Yes.
MS. DUGAN: Was the party catered?
ROBERT ADELSON: Yeah. There was -- yes.
MS. DUGAN: what type of food did you have?
ROBERT ADELSON: There were like passed hors d'oeuvres, and then there was a -- like a paella chef on the balcony.
MS. DUGAN: Was the party a surprise for Harvey?
MS. DUGAN: So you were never told, don't tell him about it, it's a surprise --
MS. DUGAN: -- anything like that? Don't tell -- were you not supposed to tell him anything about the party that was a surprise?
ROBERT ADELSON: No, there was nothing about a surprise birthday.
MS. DUGAN: Was there ever a time in the weeks leading up to the party that you heard that the party may be cancelled for any reason?
ROBERT ADELSON: No, never.
MS. DUGAN: All right. So how did you first hear about Dan Markel's murder?
ROBERT ADELSON: You know, I heard the day after the shooting occurred, so that would be Saturday, July 19th. Iwas ata meeting in Chicago, and I think I got a phone call first, and then I -- you know, I was in a meeting and so I just -- I said, can I call you later? And then I got a text message shortly thereafter, like, right before 10 in the morning, that said, like, tragedy here, please call.
MS. DUGAN: And are these from Donna Adelson?
ROBERT ADELSON: Yes.
MS. DUGAN: So were you able to call her that morning from the conference in Chicago?
ROBERT ADELSON: Yes. I walked out and went to the hotel lobby and just hit call.
MS. DUGAN: And tell us about that conversation with her.
ROBERT ADELSON: So, you know, it's one of those moments that, you know, you'll just remember forever. So I remember being, you know, in the lobby of the westin, and I assumed something, you know, terrible had happened, and -- but I wasn't ready for it. She said, you know, so just want to let you know that Danny's been shot and they took him to the hospital, but he didn't make it. And, I mean, it just -- it didn't make any sense. And, you know, I probably asked like a few medical questions, and they said they're driving up to go help wendi, and, you know, we'll talk to you later. we can't talk now.
MS. DUGAN: was she crying in that conversation --
ROBERT ADELSON: Not in the --
MS. DUGAN: -- Donna Adelson?
ROBERT ADELSON: -- conversation.
MS. DUGAN: Sir?
ROBERT ADELSON: No, she was not.
MS. DUGAN: Okay.
ROBERT ADELSON: It was very matter of fact.
MS. DUGAN: Did she ever give you any further detail that weekend about how he'd been shot, or other than just, Danny was shot and he didn't make it?
ROBERT ADELSON: I think it was the next day. So the only really other time that I spoke with them that weekend, you know, I was in the airport going home, like Sunday afternoon, so it was definitely the next day. And it was the first time I could actually have any kind of conversation, and, you know, one of the things that she told me is -- you know, it bothered me, but I didn't have any other details about -- but she said that, you know, someone went to the front door and said, are you Dan Markel? And then shot him. And then I said, well, how could you know that? who's telling you that? And she said, well, that's just what they're telling us.
MS. DUGAN: Okay.
ROBERT ADELSON: And it just --
MS. DUGAN: So she said someone told her that someone knocked on Danny's door, said, are you Dan Markel, he said, yes, and the shooter shot him?
ROBERT ADELSON: That's the story I heard. And, you know, later we found out that wasn't what happened, but that story bothered me a lot, because there's only one way you could hear that story.
MS. DUGAN: was she crying when she told you that information?
MS. DUGAN: You mentioned earlier that law enforcement contacted you after Dan Markel's murder. Did they contact you to try to see if you knew any information?
ROBERT ADELSON: They came to our house. I was already at work and so they talked to my wife. It had to be a wednesday or Thursday. So I was already at work.
MS. DUGAN: And was this your house in New York?
ROBERT ADELSON: Yes.
MS. DUGAN: Okay. And did you end up talking to law enforcement and letting them -- answering their questions, letting them know what you knew?
ROBERT ADELSON: Yeah. They came to my office the next day and we -- with two agents, and we had an interview.
MS. DUGAN: After that conversation with -- you said it was the FBI earlier, right?
ROBERT ADELSON: Yes.
MS. DUGAN: After that conversation with the FBI, did Donna Adelson ever say anything to you about having talked to law enforcement or the FBI?
ROBERT ADELSON: It was either that afternoon or the next day, but, you know -- and she had called me and said, you know, I just want to let you know, you know, if the police come around, you know, don't talk to them.
MS. DUGAN: Okay. So she told you not to talk to law enforcement?
ROBERT ADELSON: correct.
MS. DUGAN: Did you let her know that you had already -- you already had talked to law enforcement?
ROBERT ADELSON: Yeah, I said I already did.
MS. DUGAN: And what did she say to that?
ROBERT ADELSON: She said, oh, well, you don't know anything anyway.
MS. DUGAN: You don't know anything anyway?
ROBERT ADELSON: Correct.
MS. DUGAN: was that an unusual statement coming from your mother?
ROBERT ADELSON: Yeah, just -- I mean, everything that week was unusual, but, I mean, I clearly didn't know anything, but I wasn't going to not talk to the FBI if they show up at my house.
MS. DUGAN: How did you respond -- let me ask you this. After the murder of Dan Markel, did Donna Adelson seem curious about who killed Dan Markel?
MS. DUGAN: Did she -- was there a complete lack of curiosity?
ROBERT ADELSON: Yeah. Nobody seemed curious, you know, but --
MS. DUGAN: Did you actually ever ask her, like after the murder, like, hey, like, what do you think happened, what do you --
ROBERT ADELSON: Yeah. And, you know, the conversations were kind of rerouted, or that was certainly discouraged. And it was probably like maybe sometime like mid August, you know, when I finally had a chance to ask and say, you know, what is going on? This is not a small event. This was getting a lot notoriety. And I say, you know, what do you guys think happened? And she had said, you know, I don't know and I don't care. It doesn't concern me.
MS. DUGAN: was that out of character for her to not be curious, to not be asking some questions?
ROBERT ADELSON: Yeah. I mean, it was an unsolved murder of, you know, my former brother-in-law, like, someone that we all know very well. I mean, if it was like some neighborhood gossip, people would be interested. This was like national interest and nobody had any curiosity about, you know, who did this to Danny.
MS. DUGAN: Is a person -- you mentioned that, you know, not only is it your brother-in-law, but it was, like, national news at that point as well?
ROBERT ADELSON: Yes.
MS. DUGAN: And regardless of it being national news or not, I mean, is a person dying from gun violence an extremely unusual thing to happen in your family?
ROBERT ADELSON: Yeah. I mean, to this day, Danny is the only person that I know who has died from gun violence or been a victim of gun violence, so it's unique in that manner.
MS. DUGAN: what would your mom, Donna Adelson, do if you did try to like ask her any more about Danny's murder after that?
ROBERT ADELSON: It wasn't a subject for discussion. You know, it would be rerouted or, you know, it was just not a subject to discuss.
MS. DUGAN: when you say, rerouted, do you mean like changing the subject?
ROBERT ADELSON: Yeah.
MS. DUGAN: Okay. Fast-forward to 2016. Do you remember in May of 2016 when Sigfredo Garcia and Luis Rivera were arrested?
ROBERT ADELSON: Yeah, I do. You know, actually I, like, saw it in the OR lounge. Someone, you know, told me about it. So it had to be like a Wednesday. And the --
MS. DUGAN: And you were in, like, the operating room lounge?
ROBERT ADELSON: Yeah, it was the lounge.
MS. DUGAN: And someone told you about it?
ROBERT ADELSON: Yeah, someone else because, you know, stories like this, people see on Twitter or such. And I remember someone telling me, like, did you hear about, you know, the case, because it's -- more than one person had followed it. And, you know, I saw it. And then, you know, that was on the 26th. And I remember the dates because our anniversary is on the 28th of May. You know, my wife and I, were like, should we call them? They arrested some guy who killed Danny and --
MS. DUGAN: when you say, them, you mean, like should --
ROBERT ADELSON: My parents.
MS. DUGAN: -- we call my parents and --
ROBERT ADELSON: Yes.
MS. DUGAN: Yeah? Okay. So it was big news that even people you worked with were seeing that there were finally some arrests made?
ROBERT ADELSON: Right.
MS. DUGAN: And so -- and that was two days before your anniversary, you said?
ROBERT ADELSON: Yes.
MS. DUGAN: So did you and your wife eventually talk to your parents?
ROBERT ADELSON: we did. Like, we thought, like should we call them? Then we figured, you know, they -- if they wanted to call us, they would call us. And then they didn't. And so we figured, well, they'll call us on our anniversary, and so, you know, we can just sit tight, and I'm sure it's, you know, pretty stressful, and, you know, this guy was arrested in Miami. And so they called us on our anniversary, which was the 28th.
MS. DUGAN: So that was two days after the arrests, I think?
ROBERT ADELSON: Two days after I found out, yes.
MS. DUGAN: Okay. Two days after you found out. Thank you. So on the 28th, did you talk to Donna Adelson?
ROBERT ADELSON: Yes.
MS. DUGAN: And when she called you, was she telling you the good news, that Danny's killers were arrested?
ROBERT ADELSON: No, just called us for our anniversary, you know, and, you know, wished us well, and had some small talk for a bit. You know, I kind of let it go for a little bit. I mean, this was not small news. And so I finally broached the topic and said, you know, they found the guy. They arrested someone who killed Danny. You know, there's no response. And, you know, I said it, you know, at least two or three times, that, you know, they arrested -- they made an arrest, they got the guy who killed Danny, and then her response was, you know, I've got to go.
MS. DUGAN: And then did she hang up the phone after that?
ROBERT ADELSON: Yes.
MS. DUGAN: And did you ever talk to her about it again ever after that?
MS. DUGAN: Just a second.
Other than, you know, her reaching out for happy birthdays, happy anniversaries, that kind of thing, was that the last conversation you had with her?
ROBERT ADELSON: That was the last time I spoke to her.
MS. DUGAN: That's all. Thank you.
JUDGE EVERETT: Cross-examination?
CROSS- EXAMINATION BY MS. FULFORD:
MS. FULFORD: Good afternoon, sir.
ROBERT ADELSON: Good afternoon.
MS. FULFORD: Just a second, Your Honor.
BY MS. FULFORD:
MS. FULFORD: I'll say it again. Good afternoon.
ROBERT ADELSON: Good afternoon.
MS. FULFORD: In two thousand and -- between 2012 and 2014, how many times did you come to visit your family in South Florida?
ROBERT ADELSON: 2012, 20147 You know, my daughter was born in October of 2012, and so I think my dad's birthday -- oh, no, there was a Thanksgiving, I think, in 2013. So, I mean, pretty much Thanksgivings were the times when we'd travel, having a, you know, one-year-old and a three-year-old, so --
MS. FULFORD: Sure. So Thanksgiving of 2013, and then your dad's birthday in 2014?
ROBERT ADELSON: Yeah. There could have been one other one, but I remember those two for certain that I could swear to.
MS. FULFORD: And when you came for his birthday, his birthday was on the 5th. You came in on the 4th, the party was on the 5th, and you left on the 6th, correct?
ROBERT ADELSON: That's my memory of it.
MS. FULFORD: And Thanksgiving, kind of the same thing? I mean, you've got a job you got to get back to, right?
ROBERT ADELSON: Yeah. Yep.
MS. FULFORD: And how frequent were the phone calls that you were having with your family?
ROBERT ADELSON: You know, probably less than once a week, maybe every other week, something like that.
MS. FULFORD: And when I say family, I think -- I'm referring to Donna.
ROBERT ADELSON: Sure. Sure.
MS. FULFORD: Now, you were here on the 5th for your dad's birthday. You said you went home on the 6th?
ROBERT ADELSON: Yep.
MS. FULFORD: And Danny Markel was brutally murdered on July the 18th of 2014. That was in the summer?
ROBERT ADELSON: Correct.
MS. FULFORD: Recall that?
ROBERT ADELSON: Yes.
MS. FULFORD: And when did you arrive in Florida to be with your family?
ROBERT ADELSON: I didn't.
MS. FULFORD: Thank you.
You had mentioned in your direct testimony that your mom called and said you shouldn't talk to the police. You recall that?
ROBERT ADELSON: Yes.
MS. FULFORD: what actually happened was, a family friend, Michael Weinstein -- you know him, correct?
ROBERT ADELSON: I do, yeah.
MS. FULFORD: Your mom indicated that he had called and advised that as a family friend and an attorney that you-all should not talk to the police. That's what she told you, isn't it?
ROBERT ADELSON: Yeah. Yeah.
MS. FULFORD: Thank you. I don't have anything further.
JUDGE EVERETT: Redirect examination?
MS. DUGAN: No, sir. Thank you.
JUDGE EVERETT: You may step down.
Does the State have a witness that will go about a half hour exactly?