2.Wendi Adelson — Direct/Cross/Redirect
2,436 linesJUDGE EVERETT: You remain under subpoena.
Members of the jury, does anyone need to take a restroom break before we proceed forward? Please raise your hands if you do. very well. Please call your next witness.
MS. CAPPLEMAN: State calls wendi Adelson.
MR. ZELMAN: Judge, can we approach briefly?
JUDGE EVERETT: You may.
(Sidebar conference as follows:)
MR. ZELMAN: It's my understanding that Mr. Lauro wanted to put something --
JUDGE EVERETT: Place a statement on the record.
MR. ZELMAN: Is that in the presence of the jury?
JUDGE EVERETT: It would be out of the presence of the jury. I'll send them out now.
MR. ZELMAN: Thank you, Your Honor.
(Sidebar conference concluded.)
JUDGE EVERETT: Members of the jury, we will, in fact, need to take a brief break. The bailiff will take you to the jury room. we anticipate getting started very quickly, within the next few minutes.
Please rise when the jury enters and exits.
(Jury exits courtroom.)
JUDGE EVERETT: Everyone can be seated.
Mr. Lauro, I had not forgotten about you, sir. You may come up to make your statement.
MR. LAURO: Good morning, Your Honor.
JUDGE EVERETT: Good morning.
MR. LAURO: John Lauro on behalf of wendi Adelson.
Your Honor, we previously filed a motion to make a brief statement before Ms. Adelson testifies. We would like to make clear for the record that she is appearing pursuant to a State subpoena that by law furnishes her with use and derivative use immunity. But for this subpoena, she would assert her Fifth Amendment rights with respect to every question that the State would ask relevant to this matter. we also believe that the use and derivative use immunity covers cross-examination, to the extent that it involves responsive and relevant questions as well.
JUDGE EVERETT: The Court has previously ruled concerning this matter, that the immunity that is being conferred by the State's subpoena does extend to cross-examination, and that she is appearing to answer questions under this immunity.
One matter that had come up, Mr. Lauro, after the conclusion of the hearing that we previously had, in making sure that there is a complete record as to your client's invocation of her right to not incriminate herself, she was not present during the hearing; therefore, the Defense could not take a proffer. Once the examination has occurred pursuant to the State subpoena, the Defense is wanting to take a proffer. As to that, any questions in which she believes she needs to properly invoke, you may advise her to do so, and I will make a ruling from there whether there is, in fact, any proper basis that is both relevant and would not go to the right of self-incrimination. Ultimately, you may advise your client concerning these matters as it relates to the Defendant's proffer out of the presence of the jury.
Do you need to be heard in any way concerning this?
MR. LAURO: NO, Your Honor. we'll just need a brief moment to consult, obviously, after we hear the proffer questions.
JUDGE EVERETT: That's fine.
MR. LAURO: Thank you, Your Honor.
JUDGE EVERETT: Does either party need to be heard further before the examination begins pursuant to the State's subpoena?
MS. CAPPLEMAN: NO, sir.
MR. ZELMAN: No, Your Honor.
JUDGE EVERETT: You may take your seat, Mr. Lauro.
You can bring back in the jurors when they're ready.
Good morning. If you can just take your seat for right now, I will swear you in when the jurors re-enter the room.
I believe even though the jurors indicated they did not have to go to the bathroom at this point. we are, once again, dealing with the needs of 14 people, they might be in the bathroom, so wait for the knock.
(Pause in proceedings.)
JUDGE EVERETT: I believe that we have a few jurors that do need to use the restroom. If anyone needs to stretch their legs or use the bathroom themselves, please take your opportunity now. Once we start with the testimony again, the door will remain closed if you exit.
MS. FULFORD: Do I have time to use the restroom?
JUDGE EVERETT: Go ahead. Oh, before you leave the room, Ms. Fulford, once again, Mrs. Adelson, I'm going to reiterate the instruction that I gave to you last Friday concerning any reactions that you may have to either the testimony or the evidence in the case. I understand this may be a distressing thing for your child to be offering testimony in your trial; however, you are to control your expressions and your emotions. Do you understand this?
DONNA ADELSON: Yes.
JUDGE EVERETT: Everyone can take their break.
(Court in recess.)
(Jury in courtroom.)
JUDGE EVERETT: Please raise your right hand to be sworn.
whereupon, WENDI ADELSON was called as a witness, having been first duly sworn, was examined and testified as follows:
JUDGE EVERETT: You may be seated. Please adjust the microphone as you need to so you can be clearly heard. Ms. Cappleman, you may examine.
DIRECT EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Please state your name and spell your name.
WENDI ADELSON: wendi Adelson, W-E-N-D-I, A-D-E-L-S-O-N.
MS. CAPPLEMAN: Ms. Adelson, where are you from?
WENDI ADELSON: I'm from Coral Springs, Florida.
MS. CAPPLEMAN: And you live in another state now currently, right?
WENDI ADELSON: I do, yes, ma‘am.
MS. CAPPLEMAN: How are you employed?
WENDI ADELSON: I'm an immigration attorney.
MS. CAPPLEMAN: How long have you been an attorney?
WENDI ADELSON: Since 2006.
MS. CAPPLEMAN: And you're here pursuant to a State subpoena; is that correct?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And that subpoena confers a type of immunity on you. Do you understand that?
WENDI ADELSON: I do.
MS. CAPPLEMAN: which means that nothing you say here in court pursuant to that subpoena can be used against you at a later time. Do you understand that?
WENDI ADELSON: I do.
MS. CAPPLEMAN: But it doesn't necessarily mean you could never be prosecuted. It just means that what you say in court could not be used in any future prosecution. Do you understand that?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: I want to ask you about your ex-husband, Daniel Markel. Is that a fair and accurate photo of Mr. Markel?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: when did you meet him?
WENDI ADELSON: We met originally online. It must have been the fall of my first year of law school, so 2003.
MS. CAPPLEMAN: And when did you marry Mr. Markel?
WENDI ADELSON: we married in February of 2006.
MS. CAPPLEMAN: were you living in Tallahassee at some point as a married couple?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: when did you move to Tallahassee?
WENDI ADELSON: we moved to Tallahassee my final year of law school, so that would have been in the summer of 2005. And we were here from 2005 until 2006. we spent a year at the University of Miami, from 2006 to 2007. And then came back to Tallahassee from 2007 until 2014.
MS. CAPPLEMAN: All right. And during the time that you were living here in Tallahassee, did you live over on Trescott Drive?
WENDI ADELSON: For some of the time that we lived here, yes.
MS. CAPPLEMAN: And when your first child was born, were you residing at the Trescott Drive residence at that point?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: I think I have a photo of that here. Is that the Trescott Drive residence?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And how many children did you have with Mr. Markel?
WENDI ADELSON: we have two children.
MS. CAPPLEMAN: what were their ages at the time of their father's death?
WENDI ADELSON: It was ten days before my older son's 5th birthday, so he was four, turning five, and our younger son was three and a half. The boys are 14 months apart.
MS. CAPPLEMAN: And did there come a time when you and Mr. Markel separated?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: when was the separation?
WENDI ADELSON: It was in the fall of 2012.
MS. CAPPLEMAN: whose decision was it to separate?
WENDI ADELSON: It was mine.
MS. CAPPLEMAN: How did your ex take that news?
WENDI ADELSON: well, we talked about it many times before it actually happened. But when the separation became official, he was very upset.
MS. CAPPLEMAN: And even though there were problems and issues and discussions, it was a surprise to him when it actually happened, right?
WENDI ADELSON: It was.
MS. CAPPLEMAN: And was part of the reason for the separation your differing views on how to raise the kids pursuant to the Jewish faith?
WENDI ADELSON: I would say it was a very small part, but it was a part.
MS. CAPPLEMAN: Did you consider your ex to be a religious zealot?
WENDI ADELSON: No. I didn't think he was a religious zealot, but I did think he was using religion as a way of controlling me.
MS. CAPPLEMAN: Did you think he was more devout in his faith than you were?
WENDI ADELSON: I don't know that -- I feel like devoutness has to do with maybe a relationship with God, and I don't know that his was more strong than mine, but he was more observant of kosher rules than I was.
MS. CAPPLEMAN: Can you explain for the jury what those imply for those folks that don't know?
WENDI ADELSON: Sure. So keeping kosher has to do with separating milk from meat. Something like, you can't eat a cheeseburger. And it has to do with the ritual way that animals are killed. So certain meats would be considered kosher or nonkosher. And then things like shellfish are not allowed or pork would not be allowed. And so his beliefs changed over time. we used to have bacon, and then bacon became a no later on.
MS. CAPPLEMAN: All right. And that was -- those rules were something that he was wanting to impose on the children, correct?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And you were less interested in those kosher rules?
WENDI ADELSON: It was less important to me.
MS. CAPPLEMAN: were both you and Mr. Markel raised within the Jewish faith?
WENDI ADELSON: we were, yes.
MS. CAPPLEMAN: when you separated from Mr. Markel, did you move out of the marital home while he was on a business trip?
WENDI ADELSON: I did, yes.
MS. CAPPLEMAN: where did you go when you left the marital home?
WENDI ADELSON: I went to another property that I had rented for the boys and me.
MS. CAPPLEMAN: Was that at 3303 Aqua Ridge way?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: was that located in Leon County?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: what was the custody arrangement -- broad terms are fine -- for this timeframe during the separation?
WENDI ADELSON: I think we were just trying to figure out how to make it work. we didn't have any formal custody arrangement at that time. I remember his parents came to town that weekend, and I made sure that he had the boys that weekend. we were just trying to figure out how to make it work until we had something formal.
MS. CAPPLEMAN: Was the arrangement roughly 50/50 or something else?
WENDI ADELSON: It would have been roughly 50/50.
MS. CAPPLEMAN: And were you mixing it up during the week, or was it a week-on/week-off situation?
WENDI ADELSON: It wasn't week-on/week-off. we didn't settle into that until the first summer, or maybe the second summer. TI don't remember. That was more of a summer arrangement. But it was 50/50 and definitely a mix during the week.
MS. CAPPLEMAN: I'm going to publish what's been introduced into evidence as State's Exhibit 60, your petition. Was your mom, Donna Adelson, involved at all in drafting your divorce documents?
MS. CAPPLEMAN: Did she ever make any edits to any of the filings that you made pursuant to your divorce?
WENDI ADELSON: I think she made suggestions, but I had an attorney, a very good attorney, helping me through the process. So she wasn't editing legal documents.
MS. CAPPLEMAN: Did you ever forward any of your mom's suggestions to your lawyer?
WENDI ADELSON: I probably did.
MS. CAPPLEMAN: And when you did that, would you attribute them to your mom, or would you just forward them along without noting ~whether they were your questions or your mom's questions?
WENDI ADELSON: I honestly don't remember.
MS. CAPPLEMAN: was this a contentious divorce?
WENDI ADELSON: It was.
MS. CAPPLEMAN: As part of your divorce, did you file a petition to ask the Court for permission to relocate to South Florida?
WENDI ADELSON: I did.
MS. CAPPLEMAN: And I think that was your amended petition. I'm not sure if we can see that very well. Here we go. It says, the wife also desires to relocate to South Florida in order to provide a better quality of life for the children by increasing their access to close family and providing more stability and consistency.
who was the close family that was available in South Florida for the boys?
WENDI ADELSON: My mom, my dad, and my brother.
MS. CAPPLEMAN: why did you want to move to South Florida?
WENDI ADELSON: I had very unstable employment in Tallahassee. I was -- I had a wonderful job but it was on grant money, so year to year I never knew if I would still have my job. I had a job offer that was very good in South Florida. And the assumption was that Danny was always going to be at a different school, a better school. He used to joke that he would take one bar exam for every two bar exams that I had to take while we moved around the country. And so it seemed like a way of having stability while he was climbing up the law professor ladder to be ultimately at Harvard or Yale.
MS. CAPPLEMAN: And was relocation important to you?
WENDI ADELSON: It was in terms of having a safe and stable place for my kids.
MS. CAPPLEMAN: Did you consider having to live here in Tallahassee being stuck, or had you referred to it previously as being stuck in Tallahassee?
WENDI ADELSON: I mean, I may have. The idea of being stuck as if you don't have permission to live anywhere you want to live, but I had a -- I have a nice quality of life here.
MS. CAPPLEMAN: Did you consider the worst-case scenario to be that you would end up stuck here in Tallahassee if your petition was denied?
WENDI ADELSON: I don't know. I mean, at the time, I may have felt that way.
MS. CAPPLEMAN: Okay. Might you have sent an email to a friend on March 24th of 2013 indicating, quote, I do fear that the worst-case scenario that could happen is that I will be stuck here in Tallahassee?
WENDI ADELSON: It's possible that I sent that.
MS. CAPPLEMAN: would it refresh your recollection to review that item?
WENDI ADELSON: I'm happy to.
MS. CAPPLEMAN: It's on tab 6 on one of those binders in front of you. Let me see which one it is. It's going to be this one.
WENDI ADELSON: This one? I see it's highlighted. So, yes.
MS. CAPPLEMAN: Okay. And did you also email a friend around the same timeframe regarding, life in Tallahassee couldn't compare to the life that you would be able to enjoy in South Florida with your brother, Charlie, and his boat and pool and hot tub and things like that?
WENDI ADELSON: It's certainly possible.
MS. CAPPLEMAN: That's on tab 7. Please refresh your recollection.
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And, in fact, did you use the word, stuck, in your actual motion for relocation? Here. The wife is merely stuck in Tallahassee until the husband decides that the time is right for him to leave.
WENDI ADELSON: So my attorney did write that and that sounds right.
MS. CAPPLEMAN: Did Tallahassee feel claustrophobic to you?
WENDI ADELSON: well, at this point in time, Danny was making lots of unplanned announcements to my office where we worked together, so I would see him at work. I never knew when he was showing up. So I'm sure, you know, this is 12 years ago, that that's how I felt at that time.
MS. CAPPLEMAN: Okay. But outside of the context of your relationship with Dan Markel, did you ever express that just the smallness and slowness of Tallahassee made you feel claustrophobic?
WENDI ADELSON: I don't remember saying that.
MS. CAPPLEMAN: Please refer to tab 8 to refresh your recollection.
MS. FULFORD: Your Honor, if I may at this time. Could the State tell us -- you're just saying the tab numbers. We're not sure what document you're referring to.
JUDGE EVERETT: I believe the binder is up on the witness stand. Ms. Cappleman, does the Defense have a copy of the same binder?
MS. CAPPLEMAN: NO, Your Honor. tI'1I1l show them the tab.
JUDGE EVERETT: Please do.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: That's a dense one. were you able to find it?
WENDI ADELSON: I did. I found -- it's part of a sentence. Can I read the whole sentence?
MS. CAPPLEMAN: Sure.
WENDI ADELSON: Tallahassee feels claustrophobic at times given its smallness and slowness and the fact that my friends cycle through here with transient regularity.
So yes, at that moment in time, that's how I was feeling in 2013.
MS. CAPPLEMAN: And relocation was pending at the time that you were feeling that way in that moment, right?
WENDI ADELSON: Yes, ma'am.
MS. CAPPLEMAN: And relocation was also very important to your mother, wasn't it?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: All right. And did you have some discussions with your mother about relocation?
WENDI ADELSON: I did.
MS. CAPPLEMAN: And was that during that timeframe when it was pending?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And do you see your mother in the courtroom here today?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: Could you please point her out and describe what she's wearing?
WENDI ADELSON: My mom is right -- I can't see her clothes from here, but she's directly across from me.
MS. CAPPLEMAN: All right. Is she wearing a headset on her head?
WENDI ADELSON: Yes, ma'am.
MS. CAPPLEMAN: All right. Let the record reflect the witness has identified the Defendant.
JUDGE EVERETT: The record will reflect.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Your mom didn't want you to be stuck in Tallahassee either, did she?
WENDI ADELSON: She did not.
MS. CAPPLEMAN: She wanted the best for you, right?
WENDI ADELSON: She saw the best for me as not being in Tallahassee, yes.
MS. CAPPLEMAN: She referred to being in Tallahassee, that you were a hostage and a prisoner, right?
WENDI ADELSON: Yes, she did.
MS. CAPPLEMAN: Prisoner. Close enough. Did your mom express concerns that as a Tallahassee native, the Judge presiding over your relocation motion would underestimate how much better it would be for you to live in South Florida?
WENDI ADELSON: She did.
MS. CAPPLEMAN: Let me ask you a few questions about your parents. Your mom is Donna Adelson. who is your dad?
WENDI ADELSON: My dad is Harvey Adelson.
MS. CAPPLEMAN: And where did your parents -- I think you said they were in Coral Springs back in 2012?
WENDI ADELSON: Yes, ma'am.
MS. CAPPLEMAN: Is that right? Okay.
How long had they lived in the Coral Springs area?
WENDI ADELSON: I was born there. So from -- I think they started living there when my oldest brother was born, so since the early ‘70s.
MS. CAPPLEMAN: So fair to say they had deep roots there in that area?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: Can you describe the relationship that your mom had with your kids during the timeframe we're talking about, so separation to murder timeframe?
WENDI ADELSON: It was very close. My mom taught my boys how to read. She taught them how to play chess. It was -- it was very close.
MS. CAPPLEMAN: Were your parents employed during that timeframe?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: what kind of work did they do?
WENDI ADELSON: My dad was a dentist and my mom was the office manager for the dental practice.
MS. CAPPLEMAN: And what about your brother, Charlie, did he have a role there as well?
WENDI ADELSON: He was a periodontist, and so I believe at some point he purchased the practice. I don't remember what year that was. But he would sometimes work from my dad's office and sometimes work from other offices around South Florida.
MS. CAPPLEMAN: was the dental practice -- the family dental practice a successful business?
WENDI ADELSON: I believe it was. My family never discussed money or finances with me, but I believe it was doing well.
MS. CAPPLEMAN: Did you discuss your marital problems and resulting legal issues with your mom?
WENDI ADELSON: I did.
MS. CAPPLEMAN: You talked about relocation, but in general, you did talk about your woes with your mom?
WENDI ADELSON: I did.
MS. CAPPLEMAN: And I think you said you did send many of your divorce pleadings to her; is that right?
WENDI ADELSON: I did.
MS. CAPPLEMAN: what about your dad? what was his role in reference to your divorce pleadings?
WENDI ADELSON: I don't remember exactly. My parents have a shared email, so when I would send an email to one of them, I would send it -- it was being sent to both. But I don't know who was reading what or at what time.
MS. CAPPLEMAN: Is it fair to say they were both welcome to read whatever you sent to that email address?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And both welcome to reply as well?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: who would reply more frequently, your mom or dad?
WENDI ADELSON: My mom would reply more frequently.
MS. CAPPLEMAN: who took more of an interest in the day-to-day ins and out of your litigation?
WENDI ADELSON: Probably my mom.
MS. CAPPLEMAN: Is your mom overprotective of you?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: Is your mom an emotional person?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: what about your dad, is he emotional as well?
WENDI ADELSON: I think so.
MS. CAPPLEMAN: Did you previously say he was more of a straight shooter and Mom was more emotional?
WENDI ADELSON: I think so. But I think it's -- I think women tend to be more emotional, and men tend to be less emotional.
JUDGE EVERETT: Before you continue, Ms. Cappleman, I am going to admit State's 60)J3 at this time.
Is there any objection Defense wishes to raise?
MR. ZELMAN: Yes, Your Honor. Same objection.
JUDGE EVERETT: The Court admits it over objection, for the record. You may continue.
(State's Exhibit 6033 received in evidence.)
MS. CAPPLEMAN: And I think that's the same exhibit that's in State's 64AA, Judge. It's not necessary to have duplicates, but because of the way the evidence came out in this trial, that is present in State's 64 as well.
JUDGE EVERETT: State's 64AA is admitted as far as the final record. If you wish to remove one, you may, but both are admitted for the record.
(State's Exhibit 64AA received in evidence.)
MS. CAPPLEMAN: Thank you, Judge.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. Is it fair to say that your mom, the Defendant, is a controlling person?
WENDI ADELSON: I don't think my mom is a controlling person.
MS. CAPPLEMAN: Did you say at one time back in 2013, that your mom operates with emotional subterfuge?
WENDI ADELSON: I may have said that.
MS. CAPPLEMAN: would you like to refresh your memory?
WENDI ADELSON: I can.
MS. CAPPLEMAN: It's tab 45 in the binder in front of you.
WENDI ADELSON: I'm not seeing it. Is it highlighted, or is it just a long -- oh, no.
MS. CAPPLEMAN: It's in the first paragraph on page 3.
JUDGE EVERETT: Ms. Cappleman, if you can just walk up and show the witness the portion of what you wish for her to read to herself.
MS. CAPPLEMAN: I will, Judge.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: So the question was, did you previously say that your mom operated with emotional subterfuge?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: what is meant by that?
WENDI ADELSON: I honestly don't know what I meant at the time.
MS. CAPPLEMAN: But not that she's controlling?
WENDI ADELSON: I don't think that's what I meant.
MS. CAPPLEMAN: Did Dan Markel have a hard time understanding some of your mom's behaviors?
WENDI ADELSON: I don't remember that.
MS. CAPPLEMAN: well, did she think you incapable of driving to South Florida by yourself with the kids? This is back when they were little.
WENDI ADELSON: Yeah. TI don't think she thought I was incapable, but I was breastfeeding and it was helpful to have someone with me.
MS. CAPPLEMAN: So what was her practice to avoid you having to do that?
WENDI ADELSON: One of my parents would come with me for the long drive.
MS. CAPPLEMAN: So they would rent a car, come up here, ride back with you, and then follow the same procedure to get you home?
WENDI ADELSON: They would -- yeah. They would drive with me, if I was down there, and back up and then take the car and go home.
MS. CAPPLEMAN: And did that procedure occur the week before the murder? There was a visit the week before the murder, correct?
WENDI ADELSON: I think it was two weeks before.
MS. CAPPLEMAN: Okay. And on that trip, is that how it was handled, where they rented a car and came up to get you?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: Did your dad think that was necessary, or was that a =mom thing?
WENDI ADELSON: No. My dad probably thought it was more necessary.
MS. CAPPLEMAN: Okay. And did your dad make a practice of supporting whatever your mom wanted? Is that kind of the general rule?
WENDI ADELSON: Yeah.
MS. CAPPLEMAN: was she the dominant force in the household?
WENDI ADELSON: I mean, I think my dad had more of a quiet strength. So it's hard to say who was the dominant force. I think they were both equally strong in their parenting.
MS. CAPPLEMAN: Did you previously describe this back in 2013, that your mom was the dominant force in the household? If you need +to refresh, it's tab 97.
WENDI ADELSON: Okay. So this one goes up to 93. Is it --
MS. CAPPLEMAN: Check the very back. I've got a few extras tucked in there. I'll just approach with this copy for you since it's highlighted.
WENDI ADELSON: Thank you.
Yes.
MS. CAPPLEMAN: You did say Mom was the dominant force in the household?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: Did your mom ever try to micromanage your life?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: Your career?
WENDI ADELSON: I don't know about my career. I chose to be a lawyer. It wasn't a very popular choice in my household.
MS. CAPPLEMAN: Yes. And there were different types of areas of law that she would have preferred you practice. Do you agree with that?
WENDI ADELSON: I actually think they were really proud of what I was doing.
MS. CAPPLEMAN: Not to suggest she wasn't proud of you, but she was encouraging you to pursue a different type of law that would be more lucrative. Do you remember that?
WENDI ADELSON: I do, yeah.
MS. CAPPLEMAN: And what about your dating life, did she meddle there?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: Did she create a dating profile for you on = Match.com?
WENDI ADELSON: I don't know if it was Match.com, but I do remember a dating profile at some point.
MS. CAPPLEMAN: That she created for you?
WENDI ADELSON: I didn't use it, but yes.
MS. CAPPLEMAN: And conducted searches for men in the Miami area and sent them to you?
WENDI ADELSON: I think this was when I was living in DC maybe.
MS. CAPPLEMAN: Let's move forward a little bit here. Sorry. we'll get there.
So here we have an email dated January 17th, 2013. For the record, this is 641, and it reads, so, honey, so you think I'm nuts, but when you get a moment, check out some of these whom I've prescreened for you. And these are guys in Miami, right? After all, you are going to be in Miami here and there. why not see who's out there.
Right?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: Here's some options that she sent you. Here is an interesting guy, et cetera. Okay. Did you ever feel like your mom was walking all over you?
WENDI ADELSON: I don't remember feeling that way.
MS. CAPPLEMAN: Okay. What about specifically regarding this = divorce?
WENDI ADELSON: I don't -- I mean, I had a really good attorney, and Iwas making the decisions I wanted to make.
MS. CAPPLEMAN: Okay. And did you back in April of 2013, tell a friend that you were trying to find a way to coexist with your mom that didn't feel like she was trampling your autonomy?
WENDI ADELSON: I'm sure I said that in 2013.
MS. CAPPLEMAN: How did your mom feel about Dan Markel in this timeframe, 2012 to 2016?
WENDI ADELSON: I think in -- well, I think a lot changed between 2012 and 2016. So I think her feelings about him changed over time.
MS. CAPPLEMAN: And what about in 2016, did she hate Dan Markel?
WENDI ADELSON: No, not in 2016.
MS. CAPPLEMAN: what about 2014, did she hate him then?
MS. CAPPLEMAN: Did you say in -- do you remember giving a law enforcement interview in reference to this case?
WENDI ADELSON: Yes, I remember.
MS. CAPPLEMAN: That was the same day that Mr. Markel was shot, correct?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And did you say in that interview -- the Court and counsel I'm referring to page 288, lines 24 through 289 line 1 -- quote, my parents have more reason to dislike Danny than almost anyone else?
WENDI ADELSON: At that point I was sitting with law enforcement for six hours, and had just been told that Danny had been shot, so I was in shock. And I was trying to help the police think of anything I could possibly think of that would be helpful.
MS. CAPPLEMAN: And are you suggesting that after six hours, you became fatigued to the point that you started saying things that weren't true?
WENDI ADELSON: No, I didn't say anything that wasn't true. I just was in shock. I was just -- I just kept talking and talking and talking.
MS. CAPPLEMAN: when your mom is really upset about something, does she talk about it a lot?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And when she talks about it a lot, and I'm referring you back to this timeframe, does she talk to your brother, Charlie, specifically, a lot?
WENDI ADELSON: My mom and Charlie have always talked a lot.
MS. CAPPLEMAN: And was Charlie kind of like your mom's problem-solver?
WENDI ADELSON: I don't know about that. I kind of feel like it was where she would help him more throughout childhood and adulthood. She would help him solve problems.
MS. CAPPLEMAN: She definitely did a lot for him, didn't she?
WENDI ADELSON: She did.
MS. CAPPLEMAN: She helped him with his business; she helped him with his personal life, his finances, his bills, remember to pay the whatever; she was still, like, mothering him into adulthood, right?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: But as far as meddling in your life, did your mom feel that Charlie could make more progress with you than she could on items like who you were going to date?
WENDI ADELSON: I honestly -- I would just be guessing about that.
MS. CAPPLEMAN: At the time of Dan Markel's murder, was the Defendant, your mother, very angry at Dan Markel?
WENDI ADELSON: Before he died?
MS. CAPPLEMAN: Yes, ma'am.
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And you hated him, too, right?
WENDI ADELSON: At certain points, I was very frustrated with him.
MS. CAPPLEMAN: Did you refer to him as an STD?
WENDI ADELSON: I don't remember saying that.
MS. CAPPLEMAN: Tab five.
WENDI ADELSON: Looks like I made that analogy.
MS. CAPPLEMAN: Danny is an STD, one wrong mistake, marrying him, and this will never go away; is that what you said?
WENDI ADELSON: I did.
MS. CAPPLEMAN: And did you share that kind of sentiment with your mother?
WENDI ADELSON: I don't remember ever saying that, so I don't think it's something I said very often.
MS. CAPPLEMAN: And this was said in an email on February 26th of 2013, correct?
WENDI ADELSON: It was.
MS. CAPPLEMAN: Approximately 17 months before the murder?
WENDI ADELSON: Yes. I don't think it was an email, though. It looks like it was sort of an iMessage.
MS. CAPPLEMAN: Did you ever refer to your ex-husband as the Dark Lord?
WENDI ADELSON: I don't remember saying that, but I certainly might have.
MS. CAPPLEMAN: Did you refer to your ex-husband as Jibbers?
WENDI ADELSON: I did.
MS. CAPPLEMAN: what is the meaning of Jibbers?
WENDI ADELSON: Jibbers was just a silly name that a friend helped me come up with to basically make him feel less scary. It was nonsense.
MS. CAPPLEMAN: Did it reference Jew in Boots?
WENDI ADELSON: That, I don't remember.
MS. CAPPLEMAN: It wasn't a friendly name, right?
WENDI ADELSON: It was a silly name.
MS. CAPPLEMAN: Did you ever say that you hated Dan Markel?
WENDI ADELSON: I don't remember saying it, but I certainly could have.
MS. CAPPLEMAN: Tab 31, please, to refresh your memory.
WENDI ADELSON: I said that I hate him in this moment.
MS. CAPPLEMAN: Okay. And did you say in that email, that same email, quote, I hate that I hate my children's dad?
WENDI ADELSON: I did.
MS. CAPPLEMAN: And do you agree that email was sent approximately 15 months before Mr. Markel was murdered?
WENDI ADELSON: It was in April of 2013.
MS. CAPPLEMAN: I'm going to approach with what I've marked as 56A, B, C, and 57. I asked you about the Jibbers nickname. Did you have that nickname stored in your cell phone as Dan Markel's contact name?
WENDI ADELSON: I did.
MS. CAPPLEMAN: I'm going to approach and show you these exhibits and ask if they're fair and accurate contacts. 56A, who is that a contact for, if you know?
WENDI ADELSON: It's my mom's phone number, so that would have been -- that's a picture of B.A. as a little guy and my mom.
MS. CAPPLEMAN: Okay. So fair and accurate contact --
WENDI ADELSON: Yes.
MS. CAPPLEMAN: -- from your phone for Mom at that time?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And 56B?
WENDI ADELSON: That's my dad.
MS. CAPPLEMAN: And that's his phone number?
WENDI ADELSON: It is.
MS. CAPPLEMAN: 56C?
WENDI ADELSON: That's my brother.
MS. CAPPLEMAN: Charlie?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: Fair and accurate phone number for him at that time?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And then 57, is that the contact you had in there for your ex-husband, Dan Markel?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: Judge, at this time, I'd ask to move into evidence 56 and 57.
JUDGE EVERETT: Any objection?
MS. FULFORD: No objection.
JUDGE EVERETT: State's 56 and 57 are admitted at this time.
(State's Exhibit 56 and 57 received in evidence.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Did you ever refer to your ex-husband, Dan Markel, as an emotional terrorist?
WENDI ADELSON: I very well could have. I don't remember saying that, but I --
MS. CAPPLEMAN: That one's on tab 34.
I'm so sorry. Is that -- yes, I believe it is 34.
WENDI ADELSON: It is. I see it. I said it in December of 2013.
MS. CAPPLEMAN: Approximately seven months before his murder?
WENDI ADELSON: December -- yes, approximately seven months.
MS. CAPPLEMAN: And tab 35, in June of 2014, did you say of your ex-husband, I hate him so?
WENDI ADELSON: I don't see it.
MS. CAPPLEMAN: Are you on tab 35?
WENDI ADELSON: No. I was on tab 34. It's tab 35?
MS. CAPPLEMAN: Yes.
WENDI ADELSON: I did. I did write that.
MS. CAPPLEMAN: And that was approximately three weeks before Mr. Markel was murdered, correct?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: Okay. I lost my clicker. Clickers are a real problem for me.
Next I want to ask you about Mr. Markel's response to your petition to relocate. Is it fair to say he was adamantly opposed to that motion?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And you-all fought over things large, of course, but also very small. Like in this pleading, a tennis racket is mentioned, right?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And -- oh, jumped ahead on us. Let's go back.
In Mr. Markel's response -- for Court and Counsel, this is page 82 of Exhibit 60 -- he indicates, the husband affirmatively alleges that the wife helped herself to nonmarital assets, including money and stocks owned prior to marriage, as well as numerous personal nonmarital belongings of the husband such as luggage, bicycle, tennis racket, and family heirlooms.
Did you take those things when you vacated the property?
WENDI ADELSON: I did remember taking his tennis racket by accident and I returned that. But otherwise, I didn't take his belongings.
MS. CAPPLEMAN: Did you strategize to leave him in a way that would cause or inflict maximum damage upon him?
MS. CAPPLEMAN: Is that something your mom ever said?
WENDI ADELSON: I don't remember.
MS. CAPPLEMAN: Did you discuss with your mom how and when you would leave your marriage?
WENDI ADELSON: I did.
MS. CAPPLEMAN: Do you recall an 11 -- November 2nd, 2012 email where Dan Markel was saying to you, let's put all this aside, this is all about the kids, let's act toward each other in a way that they can be proud of? Did he say that to you?
WENDI ADELSON: I remember reading an email like that.
MS. CAPPLEMAN: And we talked about the Aqua Ridge apartment, or I guess it was a home, residence. Is this a fair and accurate photo, I have blurred your kids' faces, but of the living Space there?
WENDI ADELSON: Thank you for doing that. Yes, that's our home.
MS. CAPPLEMAN: And did your mom help you secure this place to live? Did she have any involvement in that?
WENDI ADELSON: She did.
MS. CAPPLEMAN: what involvement did she have?
WENDI ADELSON: She helped me move in.
MS. CAPPLEMAN: Did she help you locate the place to live?
WENDI ADELSON: I think so.
MS. CAPPLEMAN: Did she come up and look at places with you as well?
WENDI ADELSON: we did.
MS. CAPPLEMAN: Did Dan Markel threaten you in the pleadings with federal kidnapping charges?
WENDI ADELSON: He did.
MS. CAPPLEMAN: And that was associated with the way he claimed that you left the marriage?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And he says you took the kids and did not tell him where they were for several, I think I've seen days and weeks; is that true?
WENDI ADELSON: It's true that he said that. It's not true that that's what happened.
MS. CAPPLEMAN: what was his position on your motion to relocate?
WENDI ADELSON: we did talk about it before I filed it, and he was amenable to figuring it out. But once I filed it, he was against it.
MS. CAPPLEMAN: Did he allege in his response that the sole stated reason that you wanted to relocate was to be closer to your parents?
WENDI ADELSON: He did say that in his response.
MS. CAPPLEMAN: And is that the response that your mom referred to as his 23-page rant?
WENDI ADELSON: Probably.
MS. CAPPLEMAN: She had a lot of thoughts about that particular filing, didn't she?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And she laid those out in an email to you -- I know you remember -- that's the whole, your nonnegotiable is relocation?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: Do you recall having two long mediations to try to resolve your divorce without a trial?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And were those mediations successful?
WENDI ADELSON: They were not.
MS. CAPPLEMAN: was Mr. Markel seeking to depose your mother as part of the divorce proceedings?
WENDI ADELSON: I don't remember that.
MS. CAPPLEMAN: what about your brother, Charlie, did he care about whether you moved to South Florida or not?
WENDI ADELSON: I think so. I mean, I think he would have liked for me to be closer to him and have the kids closer to him.
MS. CAPPLEMAN: would it have been okay with him if you had made a decision to stay in Tallahassee?
WENDI ADELSON: I would have imagined so, yes.
MS. CAPPLEMAN: And after the relocation motion was denied, you were kind of like, well, maybe I have to stay in Tallahassee. wasn't there at least a moment of that for you?
WENDI ADELSON: I mean, it wasn't maybe. It was that was the Court's decision and I respect the Court's decision and, you know, I make the best of it.
MS. CAPPLEMAN: And what about Charlie? was he outraged by the Court's decision?
WENDI ADELSON: I honestly don't remember him being outraged.
MS. CAPPLEMAN: But to your mom, it was a big deal?
WENDI ADELSON: My mom was really upset.
MS. CAPPLEMAN: It was described by your mom in several places as like a life-and-death proposition. Do you agree with that?
WENDI ADELSON: Yeah, I think my mom thought my life in Tallahassee wasn't -- you know, wasn't good.
MS. CAPPLEMAN: Is it true that you never would have left Dan Markel without your mom's suggestions?
MS. FULFORD: Objection, leading.
JUDGE EVERETT: Overruled. She may answer the question based on her own knowledge.
WENDI ADELSON: I would have left Danny regardless of anyone else's input. I was very unhappy.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Did you ever write that you would have never left him without your mom's suggestions?
WENDI ADELSON: I don't remember saying that.
MS. CAPPLEMAN: Please refer to tab 41 and see if it refreshes your memory.
WENDI ADELSON: I do say here, I wouldn't have done it on my own.
MS. CAPPLEMAN: Do you specifically reference your mom?
WENDI ADELSON: I say my parents and brother's suggestions and support.
MS. CAPPLEMAN: Okay.
WENDI ADELSON: Maybe because I wasn't happy, but part of me thought that maybe I would just stay until the kids grew up.
MS. CAPPLEMAN: Just one moment. I've lost my place.
All right. I think you already testified you did not offer your mom your divorce petition to edit. Is that your testimony?
WENDI ADELSON: Sorry. What's the question?
MS. CAPPLEMAN: Did you send your divorce petition to your mother to assist you in editing it?
WENDI ADELSON: I don't remember doing it.
MS. CAPPLEMAN: And did your mom also pretend to be you to Mercer University to help you complete your divorce affidavit?
WENDI ADELSON: I have no memory of that.
MS. CAPPLEMAN: Go to the little pop-out here of this email from your mom. Obviously, I pretended to be you contacting these financial institutions.
Is that something she would normally do on your behalf, pose as you?
WENDI ADELSON: I had very little understanding or involvement of my financial situation and so that might have been an account that my dad had created for me or that had, like, post signatory authority. So that's possible.
MS. CAPPLEMAN: And here did you forward a letter that was written on -- or sent to you on December 19th of 2013 from Dan Markel where he was kind of wanting you back and making a lot of concessions, I'll stop coming home late, et cetera. Do you recall that long email?
WENDI ADELSON: I do.
MS. CAPPLEMAN: Did you forward that to your mother?
WENDI ADELSON: I very well may have.
MS. CAPPLEMAN: And do you recall she replied with sort of a paragraph-by-paragraph breakdown of that, you know, Dan Markel email?
WENDI ADELSON: So I see that here. I mean, I certainly didn't remember, but I see that there's a response here.
MS. CAPPLEMAN: I think I've got her responses. Did you respond to her, very nicely done, Mom, this is great?
WENDI ADELSON: It looks like I did, yes.
MS. CAPPLEMAN: In her responses -- I guess, they've got a joint email, so how do we know it's Mom and not Dad? Do we?
WENDI ADELSON: I don't.
MS. CAPPLEMAN: Does Dad send responses like -- this is all the response. would Harvey detail like that in a response?
WENDI ADELSON: No. But it could be that my dad and mom were talking and that she was the scribe, right, that they were -- that it reflects both of their thoughts, and that my mom is the one writing it.
MS. CAPPLEMAN: And many of the emails are signed, Mom and Dad, or they reference, Dad and I feel this way. was it common for your mom to express for the two of them a certain position?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And in this particular email, so this is a little confusing, but she responds paragraph-by-paragraph, you know, K3, K5, K6, referencing Dan Markel's email to you, refuting each paragraph. And she felt that his position was outrageous, right?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And she thought his religious practices were extreme, didn't she?
WENDI ADELSON: She did, yes.
MS. CAPPLEMAN: She was extremely concerned about the well-being of the children in reference to his religious practices?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: She wanted a psychological evaluation of Mr. Markel?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: He didn't need a psychological evaluation, did he?
WENDI ADELSON: Honestly, I don't remember.
MS. CAPPLEMAN: was he an extremely intelligent, accomplished law professor?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: Did your mom ever call Dan Markel any disparaging names around this timeframe?
WENDI ADELSON: She did.
MS. CAPPLEMAN: Including piece of shit?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: Asshole?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: A narcissist?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: A bully?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: A bastard?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: Did your mom help you prepare for your meeting with your divorce lawyer?
WENDI ADELSON: My mom offered to help, but I don't think I needed help preparing for meetings with my divorce lawyer.
MS. CAPPLEMAN: who was your divorce lawyer?
WENDI ADELSON: Kristin Adamson.
MS. CAPPLEMAN: And your mom in an email dated January 9th, 2013, indicates that she thinks the job opportunities that you had in South Florida was a major bargaining chip in your divorce. Did you agree with that?
WENDI ADELSON: Did I agree with it at the time?
MS. CAPPLEMAN: Yes.
WENDI ADELSON: I don't remember.
MS. CAPPLEMAN: She did a lot of work, sort of, making arguments to that point, didn't she?
WENDI ADELSON: I believe so.
MS. CAPPLEMAN: And did you forward your correspondence with your lawyer to your mother?
WENDI ADELSON: I did.
MS. CAPPLEMAN: Publishing 64 -- I'm going to skip to J. She wanted to be kept informed, right?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: Your mom mentions -- let me see if I can find it. This is 64G, your South Florida legal team. She will try to remember to discuss things with your South Florida legal team. who was that?
WENDI ADELSON: I think she was jokingly referring to herself.
MS. CAPPLEMAN: Oh, she's the South Florida legal team?
WENDI ADELSON: I don't know who else it would have been. I think that's why there is a smiley face. I think it was a joke.
MS. CAPPLEMAN: Okay. More questions for your upcoming hearing with your attorney.
Did you forward your mom's questions or ask your mom's questions when you met with your attorney?
WENDI ADELSON: Probably not all of them, but if there was something that I thought was useful, I probably forwarded it or had a conversation about it.
MS. CAPPLEMAN: And here you can see in paragraph 2, your mom referred to Dan Markel as Jibbers as well, right?
WENDI ADELSON: It was a silly name, yeah.
MS. CAPPLEMAN: Let's go to the order denying your petition to relocate. Was your mom aware that the order was filed?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And this language from the order, denied with prejudice, meaning you can't reraise it, right?
WENDI ADELSON: Right. You can't refile.
MS. CAPPLEMAN: And your mom wanted to fight the decision, didn't she?
WENDI ADELSON: She did.
MS. CAPPLEMAN: Did you feel railroaded by her in this email where she's kind of bullying you to keep fighting?
MS. FULFORD: Objection, Your Honor, the prosecutor is testifying.
JUDGE EVERETT: Sustained. Please rephrase your question.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Did you feel railroaded by your mother?
MS. CAPPLEMAN: But she wants you to continue to take action?
WENDI ADELSON: It was -- it was denied. I wasn't taking any more action.
MS. CAPPLEMAN: Not any more legal action?
WENDI ADELSON: I was not taking any more action of any kind.
MS. CAPPLEMAN: Didn't your mom have some other ideas for some other actions that could happen?
WENDI ADELSON: She did.
MS. CAPPLEMAN: She wanted -- she did want to take it to an appeal? Do you remember that?
WENDI ADELSON: I don't remember, but --
MS. CAPPLEMAN: That's on tab 43 of your binder.
WENDI ADELSON: Yes, I see.
MS. CAPPLEMAN: But she also wanted to develop this plan of action that could be implemented between the time you learned of the relocation denial and your final hearing in court, to maybe strongarm Mr. Markel into agreeing to the relocation. Do you remember that email?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And she had some ideas for how to do that, right?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And she said, Jibbers hasn't beaten the Adelson family yet?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: So what was her plan of action? what did she suggest you could do to get Dan Markel to relent and let you take his kids to South Florida?
WENDI ADELSON: She suggested that I pretend that the boys had become Christian.
MS. CAPPLEMAN: Is that something you would ever consider doing?
MS. CAPPLEMAN: She was going to pay for them to get instruction on the Christian faith, right?
WENDI ADELSON: That was what she said.
MS. CAPPLEMAN: And she said she looked into it and she could get them baptized in a couple of weeks. Do you remember that?
WENDI ADELSON: I don't remember, but I'm sure it's here.
MS. CAPPLEMAN: Do you remember her imploring you to put on a good act?
WENDI ADELSON: I do.
MS. CAPPLEMAN: Did your mom -- do you have any acting training?
MS. CAPPLEMAN: Do you know why your mom would Google how to teach an actress emotion?
WENDI ADELSON: I don't. I don't know.
MS. CAPPLEMAN: Did she ever share with you or forward you any tips on how to bring emotion or fake emotion?
WENDI ADELSON: Not that I remember of any kind.
MS. CAPPLEMAN: What about a financial offer? was that part of it as well?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: what was the financial offer to be?
WENDI ADELSON: I think it was a million dollars.
MS. CAPPLEMAN: who was going to pay the million dollars?
WENDI ADELSON: My mom, my dad, and my brother.
MS. CAPPLEMAN: And they were going to pay a million dollars? You didn't have to pay any of it?
WENDI ADELSON: I don't remember having to pay any of it.
MS. CAPPLEMAN: And they were going to give Dan Markel a million dollars for what?
WENDI ADELSON: So that I could relocate.
MS. CAPPLEMAN: Did you ever make that offer to Dan Markel?
MS. CAPPLEMAN: To your knowledge, did anyone make it to him?
WENDI ADELSON: I don't think so.
MS. CAPPLEMAN: would it have worked?
WENDI ADELSON: I don't think so.
MS. CAPPLEMAN: This is all about getting control from Dan Markel, right?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And you told her this was -- these ideas were crazy, didn't you?
WENDI ADELSON: I did.
MS. CAPPLEMAN: I will not be introducing my children to Christianity. I truly believe it will backfire.
MS. FULFORD: Object again, Your Honor. The prosecutor is testifying and leading.
JUDGE EVERETT: As to counsel testifying, sustained. Please make sure you're asking open-ended questions to the witness, Ms. Cappleman.
MS. CAPPLEMAN: I'm reading from State's Exhibit 64B, which is in evidence.
JUDGE EVERETT: Please proceed.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Did you say it would backfire?
WENDI ADELSON: Yes, those were my words.
MS. CAPPLEMAN: And what did you mean by backfire?
WENDI ADELSON: I don't remember, but I can read there below what I was saying.
MS. CAPPLEMAN: Did it have to do with, this will give him ammunition to pursue things in court?
WENDI ADELSON: I might have meant that at the time.
MS. CAPPLEMAN: Did your mom respect your decision not to use her suggestions?
WENDI ADELSON: I mean, she had to have, right? I'm a grown-up.
MS. CAPPLEMAN: She kept pushing, though, didn't she?
WENDI ADELSON: She was suggesting other ideas.
MS. CAPPLEMAN: January 27th of 2013 email, 64w, Charlie brought up a good point when he said that Americans were dropped behind enemy lines during world war II wearing Nazi uniforms to get what they wanted. They had a job to get done and they did what they needed to do to accomplish it. You have a job to get done and a very short timeframe to accomplish it. If you dressed your kids up in Hitler youth uniforms and brought them down here, I could care less if it was an act of defiance. It would show Jibbers that he's not in control.
Did she suggest that to you?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: She urged you to rethink your decision not to implement her suggestions, didn't she?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: She wanted you to do an act of defiance that will put a scare into this jackass. why would she want to scare Mr. Markel?
WENDI ADELSON: So that he would let me relocate, I guess.
MS. CAPPLEMAN: She says here, I'm still on 64w, I don't know how much of the big picture you're seeing, honey. TI don't know if you can realize that not only what you can provide for your boys’ life but for your own life all depends on this change. This is a once-in-a-lifetime opportunity.
So she did view this as a very serious matter, right?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And she's sending all of this after the relocation is denied, right?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: Everyone has a price. Fight for yourself.
Okay. I'm showing you this slide, also from Exhibit 64w, which indicates that you were going to go into the million-dollar offer as a third. Do you -- does that refresh your memory on that deal?
WENDI ADELSON: I mean, it refreshes my memory, but it's not something I ever considered or thought about doing.
MS. CAPPLEMAN: So you would not have paid up the --
MS. CAPPLEMAN: -- third of a million dollars?
MS. CAPPLEMAN: Moving on to 64X. This is an email in which your mom expresses opinions on several items, including the marital home, the parenting schedule, alimony, child support, health insurance.
Did you want her opinion on all these things?
WENDI ADELSON: I mean, I don't remember, but I think we always want our parents’ opinion on things even if we don't take it.
MS. FULFORD: I'm sorry, Your Honor. I can't hear.
JUDGE EVERETT: Please restate your answer.
WENDI ADELSON: Counselor asked me if I wanted my mom's opinions on those things, and it's hard for me to remember at the time if I wanted other opinions. But I said I guess, you know, people always want their parents’ opinions on things.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: And your mother's opinion was that she wanted you to aggravate your ex-husband, right?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: To screw him financially?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: To get a win?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: She thought your divorce was something to be won, right?
WENDI ADELSON: It seems that way.
MS. CAPPLEMAN: when was the divorce final?
WENDI ADELSON: It would have been final the summer of 2013.
MS. CAPPLEMAN: July 31st of ‘13 sound right?
WENDI ADELSON: Yes, ma'am.
MS. CAPPLEMAN: And we saw that that was the date for your trial. Did a trial take place?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: with witnesses being called?
WENDI ADELSON: No. There weren't any witnesses.
MS. CAPPLEMAN: So it was a settlement?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And did you reach the settlement on the day that the trial was supposed to be conducted?
WENDI ADELSON: I think maybe the day before.
MS. CAPPLEMAN: I want to ask you some questions about voice authentication. Your cell phone, was it collected by police in this case?
WENDI ADELSON: I gave the police my cell phone to search.
MS. CAPPLEMAN: Let them download it and return it to you, correct?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And are you familiar with a wiretap that was conducted in this case?
WENDI ADELSON: I have seen a lot of wires.
MS. CAPPLEMAN: where phone calls were intercepted by the police and recorded by the police?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And were you asked to listen to a disc of calls to see if you could authenticate the voices on those discs?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And were you able to authenticate some of the voices on there?
WENDI ADELSON: I was able to authenticate the voices of my family.
MS. CAPPLEMAN: So Charlie Adelson, Donna Adelson, Harvey Adelson?
WENDI ADELSON: Yes, ma'am.
MS. CAPPLEMAN: And did you initial on State's Exhibit 135 by each of those voices that you were able to authenticate?
WENDI ADELSON: I did.
MS. CAPPLEMAN: I certainly can't read this, but see if that's where you initialed.
WENDI ADELSON: Yes.
MS. CAPPLEMAN: Judge, at this time, I would ask to introduce State's Exhibit 135.
JUDGE EVERETT: Any objection?
MS. FULFORD: Has it been entered?
JUDGE EVERETT: I'm asking you if there is any objection by the Defense.
MS. FULFORD: No objection.
JUDGE EVERETT: State's 135 is entered.
(State's Exhibit 135 received in evidence.)
JUDGE EVERETT: +BY MS. CAPPLEMAN:
MS. CAPPLEMAN: After the divorce was final, was there any more litigation between you and Dan Markel?
WENDI ADELSON: There was.
MS. CAPPLEMAN: And who was the first one to file something after the divorce was final?
WENDI ADELSON: I don't remember who was first to file.
MS. CAPPLEMAN: Because you both filed some things afterwards, right?
WENDI ADELSON: well, Danny was supposed to pay me for -- the deal with our settlement was I was supposed to take my name off the title to the house, and he was supposed to pay me half the value of the house. So I went the first week and took my name off the title and then just waited. And when I reached out, when it was time for him to pay what he owed, he said, I'm not going to pay it. And I asked why. And he said, I have my reasons.
And so my attorney had to file to enforce the settlement agreement because; otherwise, he was going to be held in contempt of court.
MS. CAPPLEMAN: The Court had given him a deadline to make the payment, and he didn't make it?
WENDI ADELSON: He didn't make it.
MS. CAPPLEMAN: So you filed a motion to enforce?
WENDI ADELSON: The settlement agreement.
MS. CAPPLEMAN: And he filed a counter-motion saying, well, I'm not paying because she is in violation for all these different things. Do you remember that?
WENDI ADELSON: I do. And then he accused my attorney of committing a fraud.
MS. CAPPLEMAN: Right. And one of his big complaints was failure to facilitate the communication agreement where, I guess, you-all had some type of agreement to provide Skype calls with the kids to each other when you didn't have the children. Do you remember him complaining about that?
WENDI ADELSON: I do. I remember if I was one minute late, he would contact the parenting coordinator and complain that I was in violation.
MS. CAPPLEMAN: That was a pretty regular complaint of his in this era of these filings, wasn't it?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And when he sent an email, for example, 64N, alleging these sorts of violations and including, quote, accusing you and your mother of making zero efforts to facilitate communication between he and the kids, did you forward this email to your mother?
WENDI ADELSON: I don't remember if I did or not.
MS. CAPPLEMAN: And during this time period, did Dan Markel send you quite a few emails pleading with you to, play nice? For example, March 7th of 2013, wendi, I really regret that things have gotten to the place where they are. Do you think we could try to resolve more issues directly with each other to prevent so much of the unnecessary tension and cost? Things like that?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: Okay. But then you didn't seem to be able to actually play nice with each other, even though it seems like maybe that's what you both wanted, at least at certain points?
WENDI ADELSON: I was always trying to play nice.
MS. CAPPLEMAN: well, you were threatening to hold him in contempt of court.
WENDI ADELSON: I wasn't threatening to hold him in contempt. That's what my lawyer filed.
MS. CAPPLEMAN: well, your lawyer represents you, doesn't she, Ms. Adelson?
WENDI ADELSON: She does, but I wasn't threatening him.
MS. CAPPLEMAN: Did you cease all Skype communication between Dan Markel and the boys on March 12th of 2013?
WENDI ADELSON: I don't remember that, no.
MS. CAPPLEMAN: Tab 54, please.
WENDI ADELSON: It looks like my attorney advised me to do that.
MS. CAPPLEMAN: Did you cease all Skype conversations between Dan Markel and the boys?
WENDI ADELSON: Again, I don't remember, it's been a very long time, but if my attorney advised me to do this, then I probably did it.
MS. CAPPLEMAN: And the day that you filed that motion to enforce the marital settlement agreement and hold Dan Markel in contempt -- let me see if I can find that -- what was the date of that filing?
WENDI ADELSON: It looks like it was October 31st, 2013.
MS. CAPPLEMAN: Was that the same date that you backed out of the contract to buy a house here in Tallahassee?
WENDI ADELSON: I don't remember if it was the same date, but at that point I didn't have the money I needed to buy the house because Danny didn't pay what he was supposed to.
MS. CAPPLEMAN: Okay. But you don't remember which day you backed out of buying the house?
WENDI ADELSON: I don't.
MS. CAPPLEMAN: Could it have been the same day that this was filed, Halloween of ‘13?
WENDI ADELSON: It may have been.
MS. CAPPLEMAN: Okay. And was it Charlie, your brother, who talked you out of buying the house?
WENDI ADELSON: No. I didn't have the money to buy the house.
MS. CAPPLEMAN: So you don't remember him discussing that with you?
MS. CAPPLEMAN: And did your mom have a position one way or the other on whether you would buy the house?
WENDI ADELSON: I don't remember.
MS. CAPPLEMAN: The image that I just had up there, was this image sent to you on October 31st? How did this get onto your cell phone dated October 31st?
WENDI ADELSON: It looks like something my brother would have sent me at some point. I don't remember if it was -- what day it was, but I remember seeing that picture.
MS. CAPPLEMAN: Okay. Do you have any reason to dispute the metadata associated with it on your phone?
WENDI ADELSON: No, ma'am.
MS. CAPPLEMAN: And you recognize your brother in this photo?
WENDI ADELSON: I do.
MS. CAPPLEMAN: who's the woman he's pictured with here?
WENDI ADELSON: Katie.
MS. CAPPLEMAN: Is that Katherine Magbanua?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: So did your brother, at any time, send you this picture -- not at any time. Did your brother, on October 31st, send you this picture and basically tell you not to buy the house because you weren't going to be living in Tallahassee much longer?
WENDI ADELSON: I don't remember him ever telling me not to buy the house or that I wasn't going to be living in Tallahassee. I was -- I really wanted to buy that house.
MS. CAPPLEMAN: Do you remember after all the drama with the Skype, asking your mom -- let me see if I can find it here -- to help you work on the Skype thing because it was becoming a real problem between you and Mr. Markel?
WENDI ADELSON: I honestly don't remember, but I see this email and I must have sent this.
MS. CAPPLEMAN: And then a few months later, in February of '14, Mr. Markel files a motion to enforce marital settlement agreement, and we touched on that already. That was alleging that you committed fraud on the Court during the original settlement. Remember that?
WENDI ADELSON: I do. I remember him saying that my attorney helped perpetrate a fraud.
MS. CAPPLEMAN: He did. He suggested that the Court should send a strong message to you about your malfeasance by awarding him the entirety of the assets that he alleged were undisclosed. Do you remember that?
WENDI ADELSON: I do.
MS. CAPPLEMAN: And did your mom view that filing?
WENDI ADELSON: I don't remember.
MS. CAPPLEMAN: Isn't that the one she responded to, we need a plan of attack; we need to aggravate him the way he's trying to aggravate you?
WENDI ADELSON: I remember we just looked at that. I just didn't remember what it was in response to.
MS. CAPPLEMAN: And did you respond to his allegations?
WENDI ADELSON: I --
MS. CAPPLEMAN: In court, in a court filing.
WENDI ADELSON: We must have responded in the court filing to that, because if someone accuses you of fraud -- at that point, my attorney had to recuse herself because she had to become a witness in the case and to say that that didn't happen.
MS. CAPPLEMAN: Exactly.
WENDI ADELSON: And then I had to find a new attorney to represent me.
MS. CAPPLEMAN: Okay. And did you do a filing in response to his countermotion to enforce the marital settlement agreement alleging -- and this is page 439 for Court and counsel -- that avast majority of the former husband's motion contains allegations that are redundant, immaterial, impertinent, and scandalous, that sort of language? Does that sound familiar?
WENDI ADELSON: It doesn't actually sound familiar, but I would have responded in a motion, so I'm sure my attorney filed something.
MS. CAPPLEMAN: Did your mom move around this time?
WENDI ADELSON: I don't think so.
MS. CAPPLEMAN: Do you remember your parents signing a lease at a place called the Continuum?
WENDI ADELSON: My parents were spending some time there on the weekends, but they didn't move until 2015, when I was clerking for a judge at that time.
MS. CAPPLEMAN: Okay. So they signed a lease to have sort of a weekend property, was that in South Beach?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And that does -- March of '14 sound right for that?
WENDI ADELSON: I honestly -- I don't remember when they signed a lease there, but is that -- it's possible.
MS. CAPPLEMAN: well, when you ultimately left Tallahassee, which we'll get to, did you go to live at the Continuum or Coral Springs, or somewhere else?
WENDI ADELSON: In Miami, at the Continuum.
MS. CAPPLEMAN: And do you know why they chose to move into the Continuum? I mean, this is about three, four months before the murder.
WENDI ADELSON: My brother had a girlfriend that lived there and he really liked the property. He thought maybe my parents might like to retire there. So he was suggesting that they start trying someplace other than Coral Springs to retire.
MS. CAPPLEMAN: And did your mom add you as a resident to the Continuum on May 16th of 2014?
WENDI ADELSON: I don't remember that. But the Continuum, the apartment complex, had very high security. So it may have been if you wanted someone to come and not be considered a guest, they had to be considered a resident.
MS. CAPPLEMAN: Tab 95, please. And the question is, would you have been considered a resident as of May 16th of 2014?
WENDI ADELSON: And I don't Know. So you want me to see whether, on this document, I was added as a resident?
MS. CAPPLEMAN: Yes, ma'am.
WENDI ADELSON: It looks like I was added and my brother were added, and then my other brother was the, in case of emergency. And it was in April of 2014.
MS. CAPPLEMAN: April of 2014? So about three months before the murder?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And this was just so that you could come and go whenever you were visiting?
WENDI ADELSON: That was my understanding.
MS. CAPPLEMAN: Do you recall a motion being filed by Dan Markel that we have referred to as the Grandma Motion?
MS. CAPPLEMAN: Did Dan Markel in March of -- March 26th of 2014, file a motion seeking to preclude your mother from having unsupervised contact with your kids?
WENDI ADELSON: I don't remember him filing that motion, but it sounds like if it's a motion you have a name for, then it exists.
MS. CAPPLEMAN: And in that motion, do you recall or does it refresh your memory that he was saying Grandma -- you know, the boys were telling him, Grandma says you're stupid, Grandma says she hates you, and as a result, he was concerned about your mom alienating the kids or turning the kids against him?
WENDI ADELSON: I remember hearing about this motion.
MS. CAPPLEMAN: And that is a motion that never got to be heard, right?
WENDI ADELSON: That was part of the motion to enforce the settlement agreement?
MS. CAPPLEMAN: which was never heard?
WENDI ADELSON: which was never heard.
MS. CAPPLEMAN: Because he was killed?
WENDI ADELSON: Because -- yes.
MS. CAPPLEMAN: And do you remember why you didn't forward your mom the actual motion that was filed in reference to that?
WENDI ADELSON: I don't.
MS. CAPPLEMAN: Okay. If you will check tab -- see if you can find tab 98 in the back there, please.
WENDI ADELSON: I have tab 98.
MS. CAPPLEMAN: Okay. Does it refresh your recollection as to the question, which is, where was your mom on the day that the relocation was filed? which, for your reference, was 3/26/14.
WENDI ADELSON: So this email is from 3/25/14, and it looks like my parents were coming up. It says, coming on Thursday, and this was written Tuesday, the 25th. So my guess is that they were coming on Thursday, the 27th.
MS. CAPPLEMAN: And wasn't their practice to typically stop in Orlando and spend the night on the trip up to Tallahassee?
WENDI ADELSON: I don't remember.
MS. CAPPLEMAN: The allegations that are laid out in Dan Markel's motion were sent to you in an email before the motion was ever filed. Do you remember that?
WENDI ADELSON: I don't remember that, no.
MS. CAPPLEMAN: And publishing 64AA, a December 16th, 2013, email. This email indicates that Dan Markel is going to be introducing a major issue, grandparental alienation. This will be part of our ongoing effort to resolve outstanding issues. But basically the bottom there, B.A. announced to me, Abba -- what does Abba mean?
WENDI ADELSON: It's Abba. It means father in Hebrew.
MS. CAPPLEMAN: Father, Grandma says you're stupid. Okay. And he details a couple, I think it's three different instances, in which his boys have told him that Grandma, your mother, has told them that you're trying to take my sunshines away, she hates you, that sort of thing. Does this refresh your memory at all about those allegations?
WENDI ADELSON: It does.
MS. CAPPLEMAN: And this email, you did forward this email to your mother, do you recall that?
WENDI ADELSON: I don't recall that, but I -- it makes sense that I would have.
MS. CAPPLEMAN: And your mom responded to it, or someone responded to it, wow. Do you remember that?
WENDI ADELSON: I was shown that email yesterday.
MS. CAPPLEMAN: Okay. And you forwarded that email not only to your mom but to a total of 12 different people. Do you remember that?
WENDI ADELSON: I remember being very surprised that he was trying to accuse a member of the Florida Bar of fraud, and going to all of these lengths to avoid paying money that he owed me.
MS. CAPPLEMAN: And is that the reason why you sent it to the 12 people?
WENDI ADELSON: It was pretty shocking what he was doing.
MS. CAPPLEMAN: Did your mom respond at all to that allegation regarding her alienating the kids?
WENDI ADELSON: I don't remember a response other than the one I was shown that said, wow. But I don't know if that was my dad responding or my mom responding.
MS. CAPPLEMAN: But the allegation was in reference to your mom, right?
WENDI ADELSON: The allegation was in reference to my mom.
MS. CAPPLEMAN: And, in fact, the next day, because the parenting coordinator was in on the original thread, you forwarded the email a second time to your mom, didn't you, with the parenting coordinator's response? Do you remember that?
WENDI ADELSON: I don't remember that, but it makes senses that I would have forwarded it.
MS. CAPPLEMAN: Do you remember just a couple months before the death of Dan Markel saying to a friend of yours -- I think her name is Jane. Does that sound familiar?
WENDI ADELSON: I had a friend named Jane.
MS. CAPPLEMAN: Telling Jane, quote, Danny is a monster?
MS. FULFORD: I'm going to object. All of these questions are leading, Your Honor.
JUDGE EVERETT: Overruled. The witness may testify based on her memory.
WENDI ADELSON: I don't remember telling Jane that I thought Danny was a monster.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Was Jane one of the people you forwarded the email to, Dan's email?
WENDI ADELSON: I don't remember.
MS. CAPPLEMAN: But it was the same day that you called hima monster. Do you remember that?
WENDI ADELSON: I don't.
MS. CAPPLEMAN: I want to talk a little bit about your brother, Charlie.
MS. CAPPLEMAN: Judge, I don't know if -- if you're wanting a recess, this is a good time. It's getting a little --
JUDGE EVERETT: Please approach.
MS. CAPPLEMAN: -- tedious, I'm sure,
(Sidebar conference as follows:)
JUDGE EVERETT: How much longer do you think your direct examination is going to run?
MS. CAPPLEMAN: Probably 30 more minutes.
JUDGE EVERETT: All right.
MS. FULFORD: And the cross is going to be at least an hour.
JUDGE EVERETT: Then let's go ahead and take a lunch break at this point.
MS. CAPPLEMAN: Yes, sir.
(Sidebar conference concluded.)
JUDGE EVERETT: All right. Members of the jury, before we continue with the examination of this witness, we are going to have our lunch break at this point. I am going to remind you once again not to discuss this case with each other or anyone else. Also, you are prohibited from looking at any information or reports concerning this case as well.
For the lunch hour, there is a cafe in the courthouse and also some other businesses within close walking distance. If you choose to eat together, you may do so. Again, the only prohibitions are what I previously outlined.
Please return at 1:15, and we will continue with the examination of Ms. Adelson by both the State and the Defense at that point. Enjoy your lunch break.
The gallery is to remain in the room for right now until the jurors have exited.
(Jury exits courtroom.)
JUDGE EVERETT: Everyone can be seated. For the attorneys and the witness, we will have the same report time back, 1:15.
Do any matters need to be heard before we go into the break?
MS. FULFORD: No, Judge.
MS. CAPPLEMAN: Nothing from the State.
JUDGE EVERETT: Very well. Enjoy your break, everyone.
(Court in recess.)
JUDGE EVERETT: Everyone can be seated. Are the jurors good to go? Is there anything that we need to address before the jurors reenter the room?
MS. FULFORD: No, Judge.
MS. CAPPLEMAN: Nothing from the State.
JUDGE EVERETT: Ms. Adelson, if you please can come back and take the witness stand. You can bring in the jurors.
(Jury in courtroom.)
JUDGE EVERETT: Everyone can be seated.
Ms. Cappleman, you may resume with your examination of the witness.
MS. CAPPLEMAN: Thank you, Judge.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Ms. Adelson, I want to ask you a little bit about your brother, Charlie Adelson. Is he older or younger than you?
WENDI ADELSON: I'm the youngest of the three children. So both my brothers are older than me.
MS. CAPPLEMAN: How much older than you is Charlie?
WENDI ADELSON: He's two and a half years older.
MS. CAPPLEMAN: And in the timeframe 2013 to 2014, how much time were you spending with Charlie Adelson?
WENDI ADELSON: I don't remember spending a lot of time with him. I was in Tallahassee most of the time and he was in South Florida most of the time.
MS. CAPPLEMAN: Did you speak with Charlie regularly during that time?
WENDI ADELSON: we did.
MS. CAPPLEMAN: what type of lifestyle did your brother have around the timeframe 2014 to 2016?
WENDI ADELSON: My brother was a single guy. He was dating lots of people. He worked really hard until early in the morning, until late at night, sometimes six or seven days a week.
MS. CAPPLEMAN: worked hard, played hard?
WENDI ADELSON: Yeah. I think that was kind of his lifestyle.
MS. CAPPLEMAN: Did he like nice things?
WENDI ADELSON: He did.
MS. CAPPLEMAN: Fancy cars?
WENDI ADELSON: He liked nice cars. He liked nice food.
MS. CAPPLEMAN: Did you -- during the phone conversations you had with your brother during that time, did you talk much about your marital problems?
WENDI ADELSON: To be honest, I don't remember, but I'm sure we talked about it.
MS. CAPPLEMAN: Is it fair to say during the year or so leading up to Mr. Markel's murder that your brother did not like him?
WENDI ADELSON: I think that's fair to say.
MS. CAPPLEMAN: Did your brother joke about hiring a hitman to kill Dan Markel?
WENDI ADELSON: He did make that joke.
MS. CAPPLEMAN: what was the joke specifically?
WENDI ADELSON: My brother had bought me a TV as a divorce present, and he would make the joke that the TV was cheaper than hiring a hitman.
MS. CAPPLEMAN: Did you ever tell Jeffery Lacasse about that joke?
WENDI ADELSON: I may have mentioned that joke to Jeff Lacasse.
MS. CAPPLEMAN: who is that?
WENDI ADELSON: Jeff Lacasse is someone that I dated after Danny and I got divorced.
MS. CAPPLEMAN: Had he met your parents?
WENDI ADELSON: I think he may have met them once but not in any kind of formal way. Just my parents were visiting and he might have said, hi, something like that.
MS. CAPPLEMAN: Did your parents express any opinion about him, whether they liked him or not?
WENDI ADELSON: I don't remember them really taking notice of him.
MS. CAPPLEMAN: Do you remember sending a text back on May 28th of 2014, saying, quote, my parents are not into him, referring to Jeff?
WENDI ADELSON: I don't remember sending that text.
MS. CAPPLEMAN: On the morning of the murder, did you have an appointment at your residence on Aqua Ridge?
WENDI ADELSON: I did.
MS. CAPPLEMAN: what was the nature of that appointment?
WENDI ADELSON: I had an appointment with the Geek Squad. There were some vertical lines on the Tv. I didn't know if maybe one of my kids had tapped it or touched it, but it wasn't working. And so I had an appointment and they were scheduled to come sometime between 8 and 12.
MS. CAPPLEMAN: And was that the Tv that was the same TV that your brother joked he got you as a divorce present --
WENDI ADELSON: It was.
MS. CAPPLEMAN: -- because it was cheaper than hiring a hitman?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And on the morning of the murder, did your mom text you about the TV repair guy being on the way or coming to your house?
WENDI ADELSON: She did. I didn't buy the Tv, and the Tv had an insurance policy that came with the Geek Squad help. So I think they reached out to her first, and then she let me know that they were coming.
MS. CAPPLEMAN: The Tv was under warranty, right?
WENDI ADELSON: I believe so.
MS. CAPPLEMAN: But the damage that you had was not covered by the warranty, was it?
WENDI ADELSON: I don't think so.
MS. CAPPLEMAN: Okay. And do you recall how long the Tv repairman was at your house?
WENDI ADELSON: I don't. It was a reasonable amount of time, so maybe an hour or so.
MS. CAPPLEMAN: And why did it take an hour to determine that the Tv couldn't be repaired or was not under warranty?
WENDI ADELSON: I don't know. I don't know a lot about Tv equipment.
MS. CAPPLEMAN: And the TV repair guy -- well, I guess I should ask, were you upset, crying and upset during the time that the Tv repairman was there?
WENDI ADELSON: I don't think so.
MS. CAPPLEMAN: Were you particularly upset about the Tv, the fact that the Tv couldn't be repaired?
WENDI ADELSON: I don't think so.
MS. CAPPLEMAN: So the TV guy, to your recollection, didn't actually do anything; he didn't fix the Tv; didn't take it away; didn't bring you a new one?
WENDI ADELSON: No, no. He was trying to fix it. I mean, I think he was trying to assess what the problem was and if it could be fixed, but it wasn't taken away.
MS. CAPPLEMAN: The problem was, like, an impact to the screen, right?
WENDI ADELSON: It seemed to be that, yeah.
MS. CAPPLEMAN: Did you go to a dinner after the murder of Dan Markel in which you vomited at the table?
WENDI ADELSON: It was -- it was several weeks until I felt ready to leave my apartment. I was very, very scared.
MS. CAPPLEMAN: So you did -- that happened?
WENDI ADELSON: It did happen.
MS. CAPPLEMAN: And that was in a restaurant, right?
WENDI ADELSON: Uh-huh, it was at a restaurant.
MS. CAPPLEMAN: who was present at that dinner?
WENDI ADELSON: It was my brother and me.
MS. CAPPLEMAN: And where was the dinner, South Florida or here?
WENDI ADELSON: It was South Florida.
MS. CAPPLEMAN: And you said it was several weeks after the murder?
WENDI ADELSON: I believe so.
MS. CAPPLEMAN: Had you ever heard Charlie, your brother, refer to that dinner as a celebratory dinner?
WENDI ADELSON: Only in previous trials but never to me personally.
MS. CAPPLEMAN: Did you hear him say it the night that you had the dinner or after that?
MS. CAPPLEMAN: That you threw up at the celebration?
MS. CAPPLEMAN: Do you know Katherine Magbanua?
WENDI ADELSON: I met her on two occasions.
MS. CAPPLEMAN: Do you have an independent friendship with her, or did you just meet her through your brother?
WENDI ADELSON: I just met her through my brother.
MS. CAPPLEMAN: who was she to Charlie?
WENDI ADELSON: She was a person that he had dated.
MS. CAPPLEMAN: was she a serious girlfriend?
WENDI ADELSON: I didn't think so.
MS. CAPPLEMAN: Did he have a lot of girlfriends that kind of came and went?
WENDI ADELSON: He had a lot of girlfriends, and they all looked somewhat similar.
MS. CAPPLEMAN: I'm going to show you what's --
MS. CAPPLEMAN: One moment, Your Honor.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: I'll show you what I've marked as 35. Do you recognize State's 35?
WENDI ADELSON: I do.
MS. CAPPLEMAN: How do you recognize it?
WENDI ADELSON: This was a visit -- I went to the beach with Katherine and a friend of hers for about an hour.
MS. CAPPLEMAN: Katherine Magbanua?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And was -- when was this photograph taken?
WENDI ADELSON: It was Father's Day weekend of June 2014.
MS. CAPPLEMAN: So just about a month before the murder?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And was this the first time you had ever met Katherine Magbanua?
WENDI ADELSON: It was the second time. The first time was ata dinner with my brother and with Jeff Lacasse. when I was running an alternative spring break, I came down to visit.
MS. CAPPLEMAN: Is that the dinner at Yardbird?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: we'll get to back that to. So this was the second meeting?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: Judge, move to enter State's Exhibit 35.
JUDGE EVERETT: Any objection?
MS. FULFORD: No objection.
JUDGE EVERETT: State's 35 is admitted.
(State's Exhibit 35 received in evidence.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Publishing State's 35. Which one is Katherine Magbanua?
WENDI ADELSON: On the left with the white top.
MS. CAPPLEMAN: And that's you in the center there?
WENDI ADELSON: That's me in the middle.
MS. CAPPLEMAN: And this photograph, was it taken near your parents' residence in South Beach?
WENDI ADELSON: It was. Uh-huh. Very close.
MS. CAPPLEMAN: During that trip, were there any conversations with Katherine Magbanua or your brother or your mother about the murder?
MS. CAPPLEMAN: Is Katherine Magbanua the girlfriend that your brother had in this timeframe leading up to the murder?
WENDI ADELSON: I believe so, but he had multiple girlfriends. So I don't know if she was the only one.
MS. CAPPLEMAN: Okay. But that's definitely the one that you interacted with the month before?
WENDI ADELSON: Yes, ma'am.
MS. CAPPLEMAN: Did anything stand out to you about this particular girl as being, you know, the one or special or different from the parade of girlfriends that Charlie had?
MS. CAPPLEMAN: Did your brother have girlfriends after this woman, Magbanua?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: Including -- do you remember a whitney?
WENDI ADELSON: I do remember whitney.
MS. CAPPLEMAN: And then there was June Umchinda?
WENDI ADELSON: Yes, I remember June.
MS. CAPPLEMAN: A June Coe (phonetic), I think?
WENDI ADELSON: I remember a June Coe.
MS. CAPPLEMAN: Prior to Dan Markel's murder, was this image taken at your last -- your trip to South Beach that was most recent before the murder?
MS. CAPPLEMAN: So you went down another time between this trip and the murder?
WENDI ADELSON: I did. I went down for my dad's birthday.
MS. CAPPLEMAN: And when was that?
WENDI ADELSON: It would have been -- his birthday was on July 5th. And so I was down -- I don't remember the exact amount of time, but maybe seven or ten days, over July 4th and for his birthday, and then went back to Tallahassee.
MS. CAPPLEMAN: Did you run into Katherine Magbanua at all on that trip?
WENDI ADELSON: I don't think so.
MS. CAPPLEMAN: Any discussion with any members of your family about the murder on that trip?
MS. CAPPLEMAN: It was your dad's 70th birthday, right?
WENDI ADELSON: It was.
MS. CAPPLEMAN: And was there a party?
WENDI ADELSON: we had a party.
MS. CAPPLEMAN: was that friends, family, both?
WENDI ADELSON: Uh-huh. It was friends and family.
MS. CAPPLEMAN: And I think -- is this the trip that we were talking about earlier where your parents had come to Tallahassee to get you and take you down south?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: Was there any discussion on that trip about any other relocation strategies?
WENDI ADELSON: I don't have any memory of that.
MS. CAPPLEMAN: Like bribing, converting to Christianity, any of those things?
WENDI ADELSON: It had been, I think, about a year since.
MS. CAPPLEMAN: Since those were first broached?
WENDI ADELSON: Right. But I'm just saying, by that time, it was the summer of 2014, and I just -- I don't remember any kind of conversation like that.
MS. CAPPLEMAN: was there any discussion on that trip of the pending motion that included precluding your mom from having unsupervised visits with your boys?
MS. CAPPLEMAN: Do you remember the timeframe that the repairman was at your house on the morning of the murder?
WENDI ADELSON: I remember more or less. I feel like he came -- I think it was -- he was supposed to come sometime between 8 and 12, and he came on the early side because I just remember being surprised and trying to get dressed really fast.
MS. CAPPLEMAN: And Dan Markel was killed between 8 and 12, right? we know that now?
WENDI ADELSON: He was.
MS. CAPPLEMAN: who paid the repairman who came to your house?
WENDI ADELSON: I think he was under contract, so I don't have a strong memory of that, but I don't remember paying him. It's possible that I did.
MS. CAPPLEMAN: I'm going to ask you a few more questions about Mr. Lacasse. You said you might have mentioned the joke to him about TV is cheaper than a hitman.
Did you ever use the term, TV, as code for the murder in any context?
MS. CAPPLEMAN: Did you ever hear your mom do that, other than the recordings in this case?
MS. CAPPLEMAN: So she didn't talk to you about, the Tv?
MS. CAPPLEMAN: Did you see Mr. Lacasse -- and you said that was somebody that you had been dating around the time of the murder; is that right?
WENDI ADELSON: we had broken up just before that week that Danny was killed.
MS. CAPPLEMAN: All right. Did you have an occasion to see him on July 13th of 2014, so just about a week before the murder, at your residence?
WENDI ADELSON: I don't remember --
MS. CAPPLEMAN: Do you remember that?
WENDI ADELSON: -- him being at my residence, but I do remember seeing him around that time.
MS. CAPPLEMAN: And on July 13th, 2014, do you remember asking to share something in confidence with Mr. Lacasse?
WENDI ADELSON: I don't remember doing that.
MS. CAPPLEMAN: Did you tell Mr. Lacasse -- in the context of, if something were to happen to Danny, I could move back to Miami? Did you tell Lacasse that regarding the relocation battle in the summer of 2013, Charlie had seriously, not as a joke, explored all options to resolve the problem, including hiring a hitman?
WENDI ADELSON: I did not have that conversation with Jeff Lacasse.
MS. CAPPLEMAN: And I think you said the week before, but wasn't it actually about -- I think it was four days before the murder, you sent an email to Mr. Lacasse. Do you remember that email, bump in the road?
WENDI ADELSON: I remember telling him I didn't want to have contact with him anymore. I don't remember exactly what date I sent it. But whatever date Sunday or Monday of that week would be would have been around when I sent it.
MS. CAPPLEMAN: Does this refresh your memory at all?
WENDI ADELSON: It does.
MS. CAPPLEMAN: And so you weren't officially breaking up with him so much as asking for a certain period of time without contact; is that right?
WENDI ADELSON: That sounds right.
MS. CAPPLEMAN: And then your plan was to reach back out to him and figure things out one way or the other?
WENDI ADELSON: I mean, I think I was breaking up with him, but I have a strong aversion to conflict. So this was probably my way of breaking up with him without breaking up with him.
MS. CAPPLEMAN: Okay. And I want to go back to the day of the murder. we know the TV repairman left about, did you say about 9?
WENDI ADELSON: The truth is I don't really remember, but, you know, something like 9 or 10.
MS. CAPPLEMAN: Definitely before 10, or by 10?
WENDI ADELSON: Yes. That's my best memory.
MS. CAPPLEMAN: All right. where did you go after the Tv -- where was the next place you went after the TV repairman left?
WENDI ADELSON: So I was home, I think, for a couple of hours first. I was doing a little bit of work. I was talking to some friends. I think I ate breakfast. And then I left probably close to noon or a little bit after noon. I was meeting two friends who I would frequently meet on a Friday to have lunch with. And so I went to run a few quick errands and then meet them for lunch.
MS. CAPPLEMAN: And on your way to meet the friends, did you have an occasion to go down Trescott?
WENDI ADELSON: I was trying to turn down Trescott, that's where I used to turn and take -- just is the road I was used to, but there was yellow tape up. And so when I tried to turn, I couldn't turn. So I made a three-point turn and kept going on Centerville.
MS. CAPPLEMAN: And so you encountered a police roadblock at that =location?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: Couldn't go any further because there was a police car and some yellow tape, right?
WENDI ADELSON: Right.
MS. CAPPLEMAN: And you were able to see that from the intersection there, or you actually turned onto Trescott?
WENDI ADELSON: I tried to turn, and then I couldn't go through, so I turned around and kept going.
MS. CAPPLEMAN: How far down Trescott did you proceed before you turned around?
WENDI ADELSON: Just until the tape.
MS. CAPPLEMAN: which one of you or your ex-husband had the kids the night before he was killed?
WENDI ADELSON: The night before, they were with Danny.
MS. CAPPLEMAN: So it was his responsibility to take them to preschool that morning?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: who was supposed to pick them up from preschool that day?
WENDI ADELSON: I was supposed to pick them up.
MS. CAPPLEMAN: Had you talked to Dan Markel or your children that morning before you encountered the roadblock?
WENDI ADELSON: I hadn't talked to the boys because they would have -- it would have been -- I wouldn't have talked to them. You know, they didn't have cell phones. They were little. So lI only would have spoken to them if I had gone to the preschool and seen them, but I didn't do that. So I hadn't talked to the boys.
I'm sorry, what was the second part of your question?
MS. CAPPLEMAN: How about Dan, did you speak to him that morning?
WENDI ADELSON: we didn't. we had plans to talk. we had traded some text messages and emails. And then I called him and he didn't pick up. And that was the last contact.
MS. CAPPLEMAN: Did you attempt to call Dan Markel when you encountered the roadblock?
MS. CAPPLEMAN: Did you attempt to call your kids' daycare after encountering the roadblock?
MS. CAPPLEMAN: Did you notify anyone that you observed the roadblock?
WENDI ADELSON: I was talking on the phone at the time, so I may have said to the person I was talking to, oh, I tried to -- I'm trying to drive, but I have to turn around, hold on.
MS. CAPPLEMAN: That was probably a bad question. Did you attempt to investigate in any way or ask anyone what the roadblock was about?
WENDI ADELSON: I wasn't concerned about the roadblock.
MS. CAPPLEMAN: Was Mr. Markel scheduled to leave town the day after he was killed?
WENDI ADELSON: I don't remember if he was scheduled to leave town on Friday afternoon or on Saturday morning, but I know that he would go to New York every time he had a chance, and I think that was where he was going. But I don't know when he was leaving.
MS. CAPPLEMAN: Okay. If you will take a look at not the binder we have been using but the other binder. It should have your law enforcement interview in the front.
WENDI ADELSON: Okay.
MS. CAPPLEMAN: And I would just ask you to review page 159, lines 10 and 11. I think it's the very -- are you able to find it?
WENDI ADELSON: He had -- uh-huh. He had plans to be out of town. He was leaving on Saturday.
So it looks like I knew that he was leaving Saturday.
MS. CAPPLEMAN: And you knew he was planning to go to New York?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: Do you know how -- if the killers knew that he was leaving town the next day, do you know how that information got to them?
WENDI ADELSON: I don't.
MS. CAPPLEMAN: Did your brother, Charlie, know that information --
WENDI ADELSON: I don't know --
MS. CAPPLEMAN: -- to your knowledge?
WENDI ADELSON: I don't know if he knew that information.
MS. CAPPLEMAN: Did your mother know that information?
WENDI ADELSON: My mom usually knew our schedule, so she probably would have known that I was going to have the boys. I don't know if that means she knew he was going to be out of town, but she would have known that I had the boys.
MS. CAPPLEMAN: Didn't your mom keep meticulous track of every time that Dan went out of town?
WENDI ADELSON: Maybe just in the sense that if Danny was out of town, she thought maybe I needed extra help or something, so, yes, probably.
MS. CAPPLEMAN: And when that became an issue in the divorce, she was able to send you a record going all the way back to 2010, you know, a couple years, of every single date he was out of town. Do you remember that email?
WENDI ADELSON: My mom never switched over to, like, a Google Calendar. So she would keep very meticulous -- like a calendar of all the things she had to do, and so that was just her way of keeping track of everything. Not just this, but, you know, every part of life.
MS. CAPPLEMAN: She was very detail-oriented?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: Even regarding things that aren't necessarily her business, or do you think that Dan's travel plans were somehow her business?
WENDI ADELSON: I think only to the extent that it impacted whether I had the boys or whether they were coming to visit or what that looked like.
MS. CAPPLEMAN: Did Mr. Markel leave you a message on the morning of his murder?
WENDI ADELSON: He did.
MS. CAPPLEMAN: And did he indicate on that message that he was going to the gym that morning?
WENDI ADELSON: He did.
MS. CAPPLEMAN: And specifically to tell you that he would be at the gym between 9:15 and 10:30?
WENDI ADELSON: I don't remember, but that sounds about right.
MS. CAPPLEMAN: And was -- would he have given you that much detail because you were planning to try to touch base to talk, right?
WENDI ADELSON: Yeah, we were trying to have a conversation.
MS. CAPPLEMAN: And was the conversation something about one of the children's schooling?
WENDI ADELSON: It was.
MS. CAPPLEMAN: Did you talk to your brother, Charlie, on the morning of the murder?
WENDI ADELSON: I did.
MS. CAPPLEMAN: And does an 18-minute conversation at 9:30 a.m. that day sound correct?
WENDI ADELSON: It does.
MS. CAPPLEMAN: Do you remember the nature of that conversation?
WENDI ADELSON: I do. I didn't purchase the Tv, so I didn't know how much the Tv cost, and so I called him to find out if it made more sense to get the TV repaired or buy a new Tv because I didn't know what the delta was there.
MS. CAPPLEMAN: Can you tell the jury one way or the other for sure whether you mentioned Dan Markel's travel plans to Charlie during that 18-minute phone call?
WENDI ADELSON: I can't say for sure, but I don't see why I would have brought it up.
MS. CAPPLEMAN: Did you have whatsApp on your phone at that time?
WENDI ADELSON: I did.
MS. CAPPLEMAN: what is whatsApp?
WENDI ADELSON: whatsApp is -- it's a phone service. It's an app that I use when I talk to people who live in other countries. It's become very popular. I think I had it at the time. TI know I certainly have it now. But it's a device to send messages.
MS. CAPPLEMAN: During the timeframe that we're talking about, which is around the time of the murder, did you communicate with any of your family members through whatsApp?
WENDI ADELSON: I don't remember using whatsApp unless they were traveling internationally because it's a way of making free calls or free texts when, at that time, making long distance calls on a regular phone would have been very expensive.
MS. CAPPLEMAN: Did you ever communicate with Katherine Magbanua through whatsApp?
WENDI ADELSON: I don't remember texting her on any platform.
MS. CAPPLEMAN: Did you have any other encrypted platforms on your phone at that time?
WENDI ADELSON: At that time, I don't think so. I don't know what existed at that time.
MS. CAPPLEMAN: Okay. So when you -- after you turned around and did not proceed down Trescott, you went, I think, to the liquor store. Can you tell us about that?
WENDI ADELSON: Sure. I was invited to a stock-the-bar party for that night for a friend's daughter, and so they asked for a specific type of bourbon. I'm not a bourbon drinker, so I went to the liquor store and told them. I showed them the invitation, which was shaped like the kind of bourbon they wanted us to buy, and asked if they had that, and they did, and I bought it.
MS. CAPPLEMAN: And that type of bourbon was Bulleit bourbon?
WENDI ADELSON: That's right.
MS. CAPPLEMAN: And do you recall the time of that purchase?
WENDI ADELSON: I don't, but I see a receipt here at 12:49.
MS. CAPPLEMAN: And does that fit with your memory? You left the house around, you said, after noon, proceeded to the scene, encountered the tape, and then went to the liquor store, right?
WENDI ADELSON: I proceeded to drive to the liquor store. I saw tape and turned around. And then I bought the bourbon that they asked for at 12:49. And then I may have gotten gas after that. And then I drove to lunch.
MS. CAPPLEMAN: And lunch was where law enforcement came and encountered you?
WENDI ADELSON: That's right.
MS. CAPPLEMAN: And that's where you were having lunch with a couple of friends?
WENDI ADELSON: That's right.
MS. CAPPLEMAN: Did you relocate to South Florida after Mr. Markel's death?
WENDI ADELSON: I -- in terms of relocation, I did leave Tallahassee after the funeral, but I just took -- I took a weekender for both the boys and me and thought I would be back pretty quickly.
MS. CAPPLEMAN: Did you come back?
WENDI ADELSON: I did come back a few times.
MS. CAPPLEMAN: Just to get things though, right?
WENDI ADELSON: Not really to get things. I came back a couple of times to give a talk or to do some work, but --
MS. CAPPLEMAN: Okay. But what I'm interested in is where were you living after the murder?
WENDI ADELSON: I wasn't living in Tallahassee.
MS. CAPPLEMAN: Did you recall on the trip to South Florida, just within 48 hours of the shooting, getting a call from Craig Isom?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And what happened with that call?
WENDI ADELSON: I talked to him for awhile. He mentioned that he might want to have DNA samples of the kids. we were already halfway down. we had been in the car for about four hours with the boys and --
MS. CAPPLEMAN: who is the, we, in that sentence?
WENDI ADELSON: I was with my parents and the kids.
MS. CAPPLEMAN: Yep.
WENDI ADELSON: we talked, the call broke up, and he never followed up.
MS. CAPPLEMAN: Was it like a, (demonstrative sound) you're breaking up?
WENDI ADELSON: I told him I was having a hard time hearing.
MS. CAPPLEMAN: were you faking that, or was it really breaking up?
WENDI ADELSON: I was not faking that.
MS. CAPPLEMAN: And did you send your lawyer to him after that, shortly after that?
WENDI ADELSON: I told him he could talk to my lawyer. He never followed up.
MS. CAPPLEMAN: Were you happy to be out of Tallahassee when you were able to return to South Florida?
WENDI ADELSON: No, I was not happy.
MS. CAPPLEMAN: Did you send a text message on January 1st of 2016 that is contrary to that?
WENDI ADELSON: At that point, it would have been a year and a half after I had been living somewhere else, so I don't know what text message you're referring to, but --
MS. CAPPLEMAN: But at that point you were happy to be out of Tallahassee?
WENDI ADELSON: It's not a question of happy to be out of Tallahassee. I was trying to build a new life for myself. And I didn't feel safe here anymore.
MS. CAPPLEMAN: All right. Let's take a look at tab 96, please.
WENDI ADELSON: Ninety-six in the old one or the new one?
MS. CAPPLEMAN: The old one, please.
WENDI ADELSON: Okay. I see it. But it says, unknown, so I don't know who I'm talking to.
MS. CAPPLEMAN: well, that's not the question. The question is, did you say, so happy I don't live there, and the person says, I bet, it's a shithole? Remember that?
WENDI ADELSON: I don't remember this, no. But I do see that I said it. I don't know who I am talking to here.
MS. CAPPLEMAN: would it surprise you to learn that you were speaking to your brother, Charlie Adelson?
WENDI ADELSON: I don't know if it would surprise me, so, no.
MS. CAPPLEMAN: Judge, may we approach at this time?
JUDGE EVERETT: You may.
(Sidebar conference as follows:)
JUDGE EVERETT: Go ahead.
MS. CAPPLEMAN: Judge, I am asking at this time based on Your Honor's motion in limine to have permission to inquire about the name change of the kids. The exhibits are already in evidence that directly tie this issue to the Defendant, Donna Adelson, her use of the names Adelson for these kids, both before the murder and after the murder but before the legal name change. So I think it's relevant to go to motive, that they wanted to erase the father and supplant these kids’ identity with Adelson as opposed to Markel.
JUDGE EVERETT: Any response?
MS. FULFORD: what emails are you referring to?
MS. CAPPLEMAN: There's three emails, Judge, that I provided to Your Honor and the Defense in a pretrial hearing. The first has to do with a party invitation for Harvey's birthday party. It's addressed to wendi, B.A., and L.A. The second is Donna signing up one of the children for flag football. And the third is Donna Adelson signing up one of the children for some religious service. All three she refers to the children's last name as Adelson.
JUDGE EVERETT: Those are the ones?
MS. CAPPLEMAN: Yes, sir, and they are in evidence.
JUDGE EVERETT: These were entered into evidence as State's 64, correct?
MS. CAPPLEMAN: Yes, Your Honor.
JUDGE EVERETT: ATl right. Concerning that, the context cannot be misrepresented in any way, but you may inquire into. As far as cross-examination on this, certainly the Defense is entitled to clear up any context or issue that is raised by these three documents.
(Sidebar conference concluded.)
JUDGE EVERETT: You may continue with your examination.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Ma'am, did you change your children's names after Dan Markel was killed?
WENDI ADELSON: About a year after I did.
MS. CAPPLEMAN: In what way did you change their names?
WENDI ADELSON: I changed their last name. And I changed my older son's middle name.
MS. CAPPLEMAN: And you changed their last name from Markel to what?
WENDI ADELSON: To mine.
MS. CAPPLEMAN: Adelson?
WENDI ADELSON: Uh-huh.
MS. CAPPLEMAN: I'm going to start by asking you about this email dated July 3, 2014. what is this?
WENDI ADELSON: This is the -- it looks like an electronic invitation for my dad's 70th birthday.
MS. CAPPLEMAN: An evite, right?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And who sent the invitation to you?
WENDI ADELSON: well, it looks like it's through the postmark.
MS. CAPPLEMAN: I mean, who sent the party invitations out?
WENDI ADELSON: I don't remember if I helped with the evite or if my mom did it. So I don't know if I sent it to myself or if it's from my mom.
MS. CAPPLEMAN: would you have sent it to yourself?
WENDI ADELSON: I'm a little better with tech stuff than my parents, so I might have helped them put together an evite. I don't remember.
MS. CAPPLEMAN: who does it say is the host of the party?
WENDI ADELSON: Oh, my mom is the host. I just -- you asked who sent the email, and I didn't remember. But my mom is the host of the party for my dad.
MS. CAPPLEMAN: And to whom is the party invitation sent?
WENDI ADELSON: It's sent to me and my two children.
MS. CAPPLEMAN: Okay. And this was sent on July 3, 2014, before the murder, correct?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And then back up just a little bit here. This email, do you recognize this one? Are you able to read it okay on your screen?
WENDI ADELSON: I can read it okay.
MS. CAPPLEMAN: All right. who sent this email?
WENDI ADELSON: This is from -- it says my mom, but it says Harvey Adelson. So, again, I don't know which parent it's from.
MS. CAPPLEMAN: would -- if it was from Harvey Adelson, would he say, L.A. is going to be attending Shabbat with his grandpa, Harvey Adelson?
WENDI ADELSON: I mean, it seems more likely somebody else would have written, with his grandpa, but I don't know. TI kind of write those things sometimes, like, L.A. will attend something with his mom, and say my name. I know it's awkward to say it in the third person, but I don't think it's impossible.
MS. CAPPLEMAN: Okay. But this reference to L.A. did happen prior to the legal name change?
WENDI ADELSON: Yes. No, I -- from the beginning, I was scared when I put them in school, and so I didn't legally change their name until a year after. But I was socially using my name for them.
MS. CAPPLEMAN: And did that start as soon as their dad was killed?
WENDI ADELSON: No. It started when I had to register them for school.
MS. CAPPLEMAN: And your mom helped with the registrations as well, didn't she?
WENDI ADELSON: I think I did the registrations myself.
MS. CAPPLEMAN: what about here for flag football, did your mom assist with that?
WENDI ADELSON: It looks like she did. There were some after-school activities.
MS. CAPPLEMAN: And she registered your child under the last name Adelson, right?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: where was Dan Markel buried?
WENDI ADELSON: In Toronto.
MS. CAPPLEMAN: were you or your children in attendance at his funeral?
MS. CAPPLEMAN: when was the last time you spoke to your mother, Donna Adelson, as we sit here today?
WENDI ADELSON: November of 2023.
MS. CAPPLEMAN: Okay. And so she hasn't given you any information or advice about how to testify in court, has she?
MS. CAPPLEMAN: what about -- you did offer testimony in November of 2023 as well, right, an unrelated case?
WENDI ADELSON: Yes, October.
MS. CAPPLEMAN: And did your mom, when you spoke to her in November of 2023, offer you any advice or thoughts about how you should act or behave or what you should say in court?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: She did?
WENDI ADELSON: She did.
MS. CAPPLEMAN: And what was that?
WENDI ADELSON: I can't tell you I remember exactly, but she was hoping I would be supportive of my brother.
MS. CAPPLEMAN: Okay. And did she -- do you know what her thoughts were afterwards?
WENDI ADELSON: I do.
MS. CAPPLEMAN: And what were they?
WENDI ADELSON: She was devastated.
MS. CAPPLEMAN: She didn't feel you were supportive?
MS. CAPPLEMAN: were you in any way involved in the plot to kill your ex-husband?
MS. CAPPLEMAN: Did you maybe know it was going to happen but not know the details?
WENDI ADELSON: I did not know it was going to happen, and I did not know any details.
MS. CAPPLEMAN: Did you provide any information, even unknowingly in hindsight, that you think could have been used to assist the murderers?
WENDI ADELSON: I don't think so. I didn't provide any information.
MS. CAPPLEMAN: what information do you have regarding your mother's involvement in the plot to kill your ex-husband?
WENDI ADELSON: I don't have information.
MS. CAPPLEMAN: But you do admit that your brother said he looked into hiring a hitman to kill Dan Markel?
WENDI ADELSON: I don't. I admit that my brother made a tasteless joke repeatedly about buying me a TV because it was cheaper than hiring a hitman.
MS. CAPPLEMAN: But then someone did hire a hitman who did kill Dan Markel, right?
WENDI ADELSON: Yes, that happened.
MS. CAPPLEMAN: Was part of the plot to kill your ex for you to have plausible deniability or to know very little about it?
WENDI ADELSON: I was not involved in any plot to kill Danny.
MS. CAPPLEMAN: were you shielded from the plot because, I don't know, you couldn't be trusted to keep a secret?
WENDI ADELSON: I was not involved in any plot to kill Danny.
MS. CAPPLEMAN: why did you tell Investigator Isom in your law enforcement interview that you were worried the police -- or you were worried, I guess, in the police car on the way to be interviewed that you might be considered a suspect?
WENDI ADELSON: Because I couldn't think of anything bad going on in his life other than the divorce, and frequently the ex-wife is a suspect.
MS. CAPPLEMAN: Were you treated as a suspect?
WENDI ADELSON: I was not.
MS. CAPPLEMAN: But you mentioned nine times in your law enforcement interview being a suspect, didn't you?
WENDI ADELSON: I did, yes.
MS. CAPPLEMAN: when you were approached at the restaurant, you weren't yet told that this was a shooting, were you?
WENDI ADELSON: I was not.
MS. CAPPLEMAN: You were only told something happened with your ex-husband?
WENDI ADELSON: I don't even know if I was told that. I was very scared something happened to my kids and that's why law enforcement was there. And they wouldn't tell me what was going on.
MS. CAPPLEMAN: But they did reassure you that the kids were fine?
WENDI ADELSON: They told me that law enforcement officers were with the children, which terrified me, because I didn't know why my children would need law enforcement officers.
MS. CAPPLEMAN: So you didn't know what this was about at all when you were in the police car?
WENDI ADELSON: In the car, they told me.
MS. CAPPLEMAN: Okay. In the car, they told you what?
WENDI ADELSON: They said, your ex-husband has been shot.
MS. CAPPLEMAN: So that -- you learned that information prior to getting into the interview room?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: Do you remember allowing law enforcement to take possession of your computer in that interview?
WENDI ADELSON: I told law enforcement to search my phone; search my computer; search my house; search my car. I was trying to be helpful.
MS. CAPPLEMAN: Do you remember saying that it was okay for them to take the computer and keep it even though you had work things on there because you didn't think you would be going back to work?
WENDI ADELSON: I remember thinking it wasn't important. I couldn't imagine. My life fell apart.
MS. CAPPLEMAN: But you didn't go back to work, did you, at FSU?
WENDI ADELSON: I did actually go back, not physically present, but I was still on the FSU payroll until December of that year.
MS. CAPPLEMAN: In that interview with law enforcement, did you suggest that your parents are people who may have been angry enough to kill Dan Markel?
WENDI ADELSON: I suggested a lot of people who could have been angry enough to kill Danny.
MS. CAPPLEMAN: And were some of the people, my parents?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: But you said in the interview that you didn't think they were capable of it, didn't you?
WENDI ADELSON: I did.
MS. CAPPLEMAN: If your mom wasn't capable of it, did she have anyone that she could enlist to assist her?
WENDI ADELSON: I don't know.
MS. CAPPLEMAN: what was your first thought when you were asked if anyone might have murdered Dan Markel for your benefit?
WENDI ADELSON: I thought maybe a crazed friend or a former student.
MS. CAPPLEMAN: That's not what you said, though, is it?
WENDI ADELSON: I don't remember exactly what I said first.
MS. CAPPLEMAN: You said Charlie, right?
WENDI ADELSON: If that's what I said, then you have it there. But I don't remember who I listed first.
MS. CAPPLEMAN: Okay. Can you at least tell the jury you definitely did say Charlie as one of those people?
WENDI ADELSON: I did.
MS. CAPPLEMAN: Do you remember saying, if somebody tried to kill my ex-husband, they should be prosecuted to the full extent of the law?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And Isom says, regardless of who it is, and do you recall your answer?
WENDI ADELSON: I do recall my answer.
MS. CAPPLEMAN: what was that?
WENDI ADELSON: I think I was hoping it wasn't anyone in my family, and so that idea that it was someone in my family gave me pause.
MS. CAPPLEMAN: All right. But that wasn't your answer, was it?
WENDI ADELSON: I mean, I don't remember word-for-word what I said, but that was my sentiment at the time.
MS. CAPPLEMAN: was your answer -- for Court and counsel, this is law enforcement interview page 122, lines 7 through 12 -- if somebody tried to kill my ex-husband, they should be prosecuted to the full extent of the law. Question: Regardless of who it is? Answer: I mean, it would be different if I thought it were my brother.
Did you call your mom from the interview room at Tallahassee Police Department?
WENDI ADELSON: I did.
MS. CAPPLEMAN: And did she answer the phone?
WENDI ADELSON: She did.
MS. CAPPLEMAN: when she answered, did she advise you that your dad was in the shower?
WENDI ADELSON: I don't remember whether my dad was in the shower.
MS. CAPPLEMAN: You asked her to sit down; do you remember that?
WENDI ADELSON: I do.
MS. CAPPLEMAN: And by asking her to sit down, would that signify to her that this was going to be something serious you were going to reveal or say?
WENDI ADELSON: I was concerned about her age, and if she were standing that she could, you know, hurt herself if she fell down.
MS. CAPPLEMAN: And do you recall that she at that point asked if she could put you on speakerphone?
WENDI ADELSON: I don't remember, but that sounds plausible.
MS. CAPPLEMAN: what was the purpose of putting the phone on speaker, if you know?
WENDI ADELSON: I would be guessing, but so my dad could hear, too.
MS. CAPPLEMAN: But wasn't dad in the shower, or you don't remember that part?
WENDI ADELSON: I don't remember if my dad was in the shower.
MS. CAPPLEMAN: Was anyone else there, to your knowledge?
WENDI ADELSON: I don't think so.
MS. CAPPLEMAN: was Charlie there, to your knowledge?
WENDI ADELSON: I don't think so.
MS. CAPPLEMAN: Did you ask your mom in that telephone conversation to tell Charlie what was going on?
WENDI ADELSON: I think I did. I didn't want to make any more phone calls.
MS. CAPPLEMAN: And your mom took the news pretty well, didn't she, this phone call?
WENDI ADELSON: I wouldn't say she took the news well. I think she was upset.
MS. CAPPLEMAN: Did you say something different in your law enforcement interview after you got off the phone with her?
WENDI ADELSON: I don't think I did. I don't think I said something like that.
MS. CAPPLEMAN: Didn't you say, page 265, line 5 through 6, quote, my mom handled that pretty well?
WENDI ADELSON: I may have said that. I can check it. Can you tell me the line again?
MS. CAPPLEMAN: Yes, ma'am. Page 265, line 5 and 6.
WENDI ADELSON: Yes, that's what I said.
MS. CAPPLEMAN: And then page 280, line 22 and 23, did you also say, well, my parents sounded really surprised, so that's at least a relief?
WENDI ADELSON: Yes, I see that here.
MS. CAPPLEMAN: No further questions.
JUDGE EVERETT: Cross-examination?
MS. FULFORD: One moment, Your Honor.
CROSS- EXAMINATION BY MS. FULFORD:
MS. FULFORD: Good afternoon, ma'am.
WENDI ADELSON: Good afternoon.
MS. FULFORD: I represent your mother in this case. You've never spoken to me about this case, correct?
WENDI ADELSON: I have not.
MS. FULFORD: I guess the best place to start is where you left off with respect to the comments that you made regarding your mother taking it well. When is the last time you listened to that call?
WENDI ADELSON: I haven't listened to it -- listened to the call I had with my mom. I have never listened to it.
MS. FULFORD: well, from the interview room, you have never listened to your interview?
WENDI ADELSON: I have read the transcript of my interview, but I never listened to my interview.
MS. FULFORD: You don't recall the shock in your mother's voice when you told her what had happened?
WENDI ADELSON: I didn't think she was shocked.
MS. FULFORD: You could hear that over the phone, correct?
WENDI ADELSON: Yes.
MS. FULFORD: So many topics were covered, I'm going to have to kind of skip around. Okay?
Katie Magbanua, Katherine Magbanua -- I guess people call her Katie -- there was a picture of you with her at the beach and there was another young lady there. Do you recall that?
WENDI ADELSON: I recall the picture, yes.
MS. FULFORD: And that was Father's Day weekend, I guess, of 2014?
WENDI ADELSON: Yes, ma'am.
MS. FULFORD: And I think your testimony was that really you only knew her with Charlie; is that right?
WENDI ADELSON: That's right.
MS. FULFORD: was Charlie at the beach?
MS. FULFORD: Your mother wasn't there either, was she?
MS. FULFORD: And then I think you mentioned that you had had a dinner with Katie?
WENDI ADELSON: And my brother.
MS. FULFORD: Okay. was that before you went to the beach?
WENDI ADELSON: It was a different time.
MS. FULFORD: Do you recall if it was before then?
WENDI ADELSON: It was before, but several months before.
MS. FULFORD: Several months before?
WENDI ADELSON: Uh-huh.
MS. FULFORD: So if this was Father's Day, when do you think you actually met her for the first time?
WENDI ADELSON: I think I met her when I was doing the alternative spring break, so that's usually March or April.
MS. FULFORD: Same year?
WENDI ADELSON: Same year.
MS. FULFORD: And the dinner that was mentioned, is that the first place you ever met her?
WENDI ADELSON: That's the first place I remember meeting her.
MS. FULFORD: And who all was there?
WENDI ADELSON: It was my brother and Katie, and Jeff and I.
MS. FULFORD: Mr. Lacasse?
WENDI ADELSON: Jeff Lacasse.
MS. FULFORD: I'm sorry. How do you pronounce it?
WENDI ADELSON: Lacasse.
MS. FULFORD: Lacasse. Okay. So the four of you were there. Your mother was not there?
MS. FULFORD: I want you to -- it's been 11 years, so a lot, I'm sure, has happened to you in the past 11 years; is that fair to say?
WENDI ADELSON: Yes.
MS. FULFORD: And your memory may not be as good as it was of things that happened back then now that 11 years has passed; is that fair to say?
WENDI ADELSON: Yes.
MS. FULFORD: As best you can, I want you to take yourself out of the year 2025, and go back to the year, somewhere like 2010 through 2014, when Mr. Markel was murdered. Okay?
WENDI ADELSON: Okay.
MS. FULFORD: In that timeframe are going to be most of the questions that I ask you.
WENDI ADELSON: Okay.
MS. FULFORD: All right. You testified you had a brother, Charlie?
WENDI ADELSON: Yes.
MS. FULFORD: And you have a brother, Rob?
WENDI ADELSON: Yes.
MS. FULFORD: So it was a five-member family?
WENDI ADELSON: Yes.
MS. FULFORD: And Rob is the oldest?
WENDI ADELSON: Yes.
MS. FULFORD: Charlie is the middle?
WENDI ADELSON: Yes.
MS. FULFORD: And you're the baby?
WENDI ADELSON: Yes.
MS. FULFORD: And you grew up in a household where -- was your mother working when you were younger?
MS. FULFORD: She stayed home with the kids?
WENDI ADELSON: She did.
MS. FULFORD: And at some point, she went back into teaching, which is what she had done before she had her first child, correct?
WENDI ADELSON: Yes.
MS. FULFORD: And she did that after you were in school; is that right?
WENDI ADELSON: Yes.
MS. FULFORD: And then you-all went to school, grade school, high school. You grew up, right?
WENDI ADELSON: Yes.
MS. FULFORD: Each one of you went off to college?
WENDI ADELSON: Yes.
MS. FULFORD: Each one of you got a post-graduate degree?
WENDI ADELSON: Yes.
MS. FULFORD: So you're an attorney?
WENDI ADELSON: Yes.
MS. FULFORD: Charlie became a periodontist?
WENDI ADELSON: Yes.
MS. FULFORD: which is someone who does surgery related to dentistry, correct?
WENDI ADELSON: Yes.
MS. FULFORD: And then Rob is a doctor as well?
WENDI ADELSON: Yes.
MS. FULFORD: And throughout the time that you-all were going to college, your parents helped support you?
WENDI ADELSON: Yes.
MS. FULFORD: Every one of you?
WENDI ADELSON: Yes.
MS. FULFORD: And you had a good childhood?
WENDI ADELSON: I did.
MS. FULFORD: And your mom took good care of you-all?
WENDI ADELSON: Yes.
MS. FULFORD: She treated you well?
WENDI ADELSON: Yes.
MS. FULFORD: very kind?
WENDI ADELSON: Yes.
MS. FULFORD: very loving?
WENDI ADELSON: Yes.
MS. FULFORD: Very caring towards her family and others?
WENDI ADELSON: Yes.
MS. FULFORD: I think you once described her as being kind, empathetic, and very loving and sensitive person. Do you recall that?
WENDI ADELSON: I don't recall that, but that sounds right.
MS. FULFORD: That she radiates positivity?
WENDI ADELSON: Yes.
MS. FULFORD: She has a very loving and respectful and fun relationship with my dad. They are very much in love. Now it's been 54 years?
WENDI ADELSON: It has.
MS. FULFORD: You said your mom was completely selfless?
WENDI ADELSON: Yes.
MS. FULFORD: That's the opposite of selfish?
WENDI ADELSON: It is.
MS. FULFORD: Means she's caring more about others than she does about herself?
WENDI ADELSON: Yes, ma'am.
MS. FULFORD: And what she did was for others?
WENDI ADELSON: Yes.
MS. FULFORD: Never doing anything for herself?
WENDI ADELSON: Correct.
MS. FULFORD: She was invested in your lives?
WENDI ADELSON: Yes.
MS. FULFORD: You and both of your brothers?
WENDI ADELSON: Yes.
MS. FULFORD: You were a close family?
WENDI ADELSON: Yes.
MS. FULFORD: And would you say she was a good mother to you?
WENDI ADELSON: Yes. Very good mother.
MS. FULFORD: And a very good grandmother as well?
WENDI ADELSON: Yes.
MS. FULFORD: when you had your first child and you needed someone to help out, your mother came?
WENDI ADELSON: She did.
MS. FULFORD: And she spent time there?
WENDI ADELSON: Yes.
MS. FULFORD: And when the baby was crying in the middle of the night so that you could get some rest, she took care of the baby?
WENDI ADELSON: She did.
MS. FULFORD: And she did that for both of your children?
WENDI ADELSON: Yes.
MS. FULFORD: Fair to say that your mom has always been there for you when you needed her?
WENDI ADELSON: Yes.
MS. FULFORD: For little things and big things?
WENDI ADELSON: Yes.
MS. FULFORD: Now, you said that -- you testified that you left Danny in September of 2012. Do you recall that?
WENDI ADELSON: Yes.
MS. FULFORD: From September of 2012 until March of 2013, your mother actually spent quite a bit of time helping you with the boys in Tallahassee, correct?
WENDI ADELSON: She did, yes.
MS. FULFORD: She would go home and take care of things there, but she would return?
WENDI ADELSON: Yes.
MS. FULFORD: So a substantial amount of each month, she was there assisting you with the children?
WENDI ADELSON: Yes.
MS. FULFORD: while you were at work, she may take them to school, is that correct, their daycare?
WENDI ADELSON: I don't remember that one, whether I dropped them at school or my mom did, but it's certainly possible that she took them to school.
MS. FULFORD: She might have picked them up?
WENDI ADELSON: Uh-huh, yes.
MS. FULFORD: She did some housework, cleaning up around the house?
WENDI ADELSON: Yes.
MS. FULFORD: She bought groceries?
WENDI ADELSON: Yes.
MS. FULFORD: She cooked?
WENDI ADELSON: Yes.
MS. FULFORD: She cleaned?
WENDI ADELSON: Yes.
MS. FULFORD: She was there for you because you had just left a marriage where you had a partner helping you and now you were adjusting to being by yourself, correct?
WENDI ADELSON: Yes.
MS. FULFORD: Now, at the time, this time period we're talking about, your mother lived in, where did you say, Coral Springs?
WENDI ADELSON: Coral Springs.
MS. FULFORD: And where is that in relation to Miami?
WENDI ADELSON: It's Broward County, so it's the county north of Dade County, which is where Miami is.
MS. FULFORD: And Broward County, that's like where Fort Lauderdale is?
WENDI ADELSON: Yes, ma'am.
MS. FULFORD: And the dentist practice that they had, that's been referred to, Adelson Institute --
WENDI ADELSON: Yes.
MS. FULFORD: -- that was located in Broward County, correct?
WENDI ADELSON: It was, yes.
MS. FULFORD: Not far from where your parents lived?
WENDI ADELSON: Yes, in Tamarac, so close to Coral Springs.
MS. FULFORD: And at some point, they got the place down in Miami, right?
WENDI ADELSON: Yes.
MS. FULFORD: So what they were doing was, they would work Monday through Thursday and stay at their home in Coral Springs, right?
WENDI ADELSON: Yes.
MS. FULFORD: And then they would go and spend the weekend at the place in Miami; is that right?
WENDI ADELSON: I don't think every weekend, but some weekends.
MS. FULFORD: Some of them?
WENDI ADELSON: Yes.
MS. FULFORD: And you visited there?
WENDI ADELSON: I did.
MS. FULFORD: Now, when your mother would come up to assist you or just to visit with you and the children and Danny, did she drive typically or fly?
WENDI ADELSON: I think sometimes drive, sometimes fly.
MS. FULFORD: And that --
WENDI ADELSON: Most of the time drive, I think.
MS. FULFORD: Most of the time drive. And that's almost an eight-hour trip, correct?
WENDI ADELSON: It is, yes.
MS. FULFORD: And at the time that this occurred, your mother would have been -- when Danny was murdered, she would have been, let's say, 64ish?
WENDI ADELSON: That sounds right.
MS. FULFORD: She's 75 now. Is that yes?
WENDI ADELSON: Yes.
MS. FULFORD: And sometimes she would rent cars; is that right?
WENDI ADELSON: Yes.
MS. FULFORD: As opposed to driving her vehicle?
WENDI ADELSON: Yes.
MS. FULFORD: Your father came sometimes as well to help out?
WENDI ADELSON: Yes.
MS. FULFORD: I'm going to talk about Mr. Markel for a few minutes. I think you said you met online?
WENDI ADELSON: we did.
MS. FULFORD: But you were attracted to him?
WENDI ADELSON: Yes.
MS. FULFORD: He was a handsome young man?
WENDI ADELSON: Yes.
MS. FULFORD: You're a beautiful young woman?
WENDI ADELSON: Thank you.
MS. FULFORD: And you got married?
WENDI ADELSON: we did, yes.
MS. FULFORD: And there were times -- I mean, we have heard about the divorce. But before the divorce, there were times where you had a happy marriage?
WENDI ADELSON: Yes.
MS. FULFORD: And you-all enjoyed spending time together?
WENDI ADELSON: Yes.
MS. FULFORD: The two of you together and with your children?
WENDI ADELSON: Yes.
MS. FULFORD: And even your parents who would come up and spend time with you?
WENDI ADELSON: Yes.
MS. FULFORD: And your parents actually took you and Danny on vacations, right?
WENDI ADELSON: Yes.
MS. FULFORD: There was one trip where they took you out of the country and you went zip-lining. Do you remember that?
WENDI ADELSON: Yes. We went to Costa Rica.
MS. FULFORD: And after the zip-lining is when you told them you were pregnant, correct?
WENDI ADELSON: I went zip-lining pregnant, yes.
MS. FULFORD: You would agree with me that Danny -- I'm saying Danny because that's what people call him. I'm not trying to be disrespectful of him.
WENDI ADELSON: I called him Danny.
MS. FULFORD: You would agree that he was very intelligent?
WENDI ADELSON: Yes.
MS. FULFORD: He had two degrees from Harvard, correct?
WENDI ADELSON: Yes.
MS. FULFORD: Undergraduate and law school?
WENDI ADELSON: Yes, ma'am.
MS. FULFORD: He did a lot of writing?
WENDI ADELSON: Yes.
MS. FULFORD: And at the time that he was murdered, he was a tenured professor at the College of Law here at FSU, correct?
WENDI ADELSON: Yes.
MS. FULFORD: And becoming tenured is not, like, an automatic thing, you have to work towards that?
WENDI ADELSON: Yes.
MS. FULFORD: Takes a lot of time?
WENDI ADELSON: It does.
MS. FULFORD: A lot of effort?
WENDI ADELSON: Uh-huh.
MS. FULFORD: He put in a lot of work to gain that status?
WENDI ADELSON: Yes.
MS. FULFORD: And he traveled to do and speak at different places, right?
WENDI ADELSON: Yes.
MS. FULFORD: And he was well-respected by his colleagues?
WENDI ADELSON: Yes, very.
MS. FULFORD: And after he had children, those became the love of his life, didn't they?
WENDI ADELSON: Yes.
MS. FULFORD: And even after you separated, I think you would agree with me that Danny made a great deal of effort to get as much time with his children as he could; is that fair?
WENDI ADELSON: Yes, absolutely.
MS. FULFORD: Even when it was your time to have the children, he would go to their preschool and visit with them there?
WENDI ADELSON: Yes.
MS. FULFORD: He wanted to talk to them on the phone when he didn't have them?
WENDI ADELSON: Yes.
MS. FULFORD: And he wanted to Skype with them?
WENDI ADELSON: Yes.
MS. FULFORD: And that -- I'm sorry, I'm old. But that involved, like, a computer where you can see each other while you're talking; is that rights?
WENDI ADELSON: I think now it's something you could do on the phone, but back then you needed a computer.
MS. FULFORD: And you assisted with that?
WENDI ADELSON: I did.
MS. FULFORD: Not necessarily the schedule he wanted?
WENDI ADELSON: I'm sorry?
MS. FULFORD: You didn't necessarily keep the schedule that Danny wanted for Skyping, right?
WENDI ADELSON: I did try.
MS. FULFORD: You tried?
WENDI ADELSON: Yes.
MS. FULFORD: But that was one of the things you two bickered about?
WENDI ADELSON: It was.
MS. FULFORD: And during the time that you were with Danny, your mother was always kind to him, wasn't she?
WENDI ADELSON: She was.
MS. FULFORD: Before you got married to him?
WENDI ADELSON: Yes.
MS. FULFORD: while you were married to him?
WENDI ADELSON: Yes.
MS. FULFORD: while you were separated?
WENDI ADELSON: Yes.
MS. FULFORD: And after the divorces?
WENDI ADELSON: Yes.
MS. FULFORD: And there's been a lot of testimony and a lot of pictures put up, lots of things highlighted about the ugly things that your mother said about Danny during the course of the separation, the divorce, and the follow-up litigation, right?
WENDI ADELSON: Yes.
MS. FULFORD: And you shared, as you've testified, some of the pleadings that were filed in your case?
WENDI ADELSON: Yes.
MS. FULFORD: And some of the pleadings weren't very attractive towards you, were they?
MS. FULFORD: They describe things that were derogatory towards you; is that fair?
WENDI ADELSON: Yes.
MS. FULFORD: And the communications that you had with Danny during the separation leading up to the divorce and some thereafter were pretty critical of you, weren't they?
WENDI ADELSON: The communication on paper, which is very different than the communication in person.
MS. FULFORD: Right. But the paperwork was critical?
WENDI ADELSON: Yes.
MS. FULFORD: And you shared that with your mother?
WENDI ADELSON: Yes.
MS. FULFORD: And some of the things that he said to you in writing, whether they were communications or in the pleadings, upset you?
WENDI ADELSON: Yes.
MS. FULFORD: Some of it was very upsetting to you?
WENDI ADELSON: Yes.
MS. FULFORD: And you shared it with your mother and then she became upset?
WENDI ADELSON: Yes.
MS. FULFORD: And she said bad words?
WENDI ADELSON: Yes.
MS. FULFORD: She called him a lot of bad names?
WENDI ADELSON: Yes.
MS. FULFORD: She said ugly things about him?
WENDI ADELSON: Yes.
MS. FULFORD: But not one single time did she ever suggest in writing or to you personally that Danny deserved to be harmed, did she?
WENDI ADELSON: Never.
MS. FULFORD: Never said he needed to be killed?
WENDI ADELSON: Never.
MS. FULFORD: Never suggested any harm to him in any way?
WENDI ADELSON: Never.
MS. FULFORD: And those things that she said to you in the emails, the communications, I assume that you-all thought were between yourselves. You never shared those with Danny, did you?
MS. FULFORD: And during the separation -- well, during the time you were married, we have already established. But during the separation, if Danny needed help with the children, your mother assisted him, didn't she?
WENDI ADELSON: He had called her and asked for help at various times, and she did.
MS. FULFORD: And after the divorce, the same thing, correct?
WENDI ADELSON: He would call and ask for help, and she would help.
MS. FULFORD: Do you have State's Exhibit 60 up there?
WENDI ADELSON: I don't see anything that says 60 on it.
MS. FULFORD: May I approach the witness, Your Honor?
JUDGE EVERETT: You may.
BY MS. FULFORD:
MS. FULFORD: I'm going to show you what has been entered into evidence as State's Exhibit 60, and I think they referred to it as JJ.
WENDI ADELSON: Okay.
MS. FULFORD: And this would be your -- this is going to fall if you don't hold that side. I can't get this over for some reason. But this has been referred to as the pleadings that are within your dissolution file.
WENDI ADELSON: Okay.
MS. FULFORD: I'm going to leave that with you. Okay?
WENDI ADELSON: Okay.
MS. FULFORD: Could you look at that document, the JJ, please?
WENDI ADELSON: Yes. You want me to just keep reading through it?
MS. FULFORD: Yes, please. I want you to familiarize yourself =with it.
WENDI ADELSON: I'm still reading through it.
MS. FULFORD: You don't need to read every word. If you can just familiarize yourself so you can recall the substance of that = pleading.
WENDI ADELSON: Okay.
MS. FULFORD: Okay. Prior to you filing your petition for dissolution -- do you want me to come get that?
WENDI ADELSON: No, no, it's okay.
MS. FULFORD: Prior to filing your petition for dissolution, what kind of experience did you have regarding divorce proceedings?
WENDI ADELSON: I'm trying to understand the question.
MS. FULFORD: Yeah, sure.
WENDI ADELSON: Prior to filing the dissolution of marriage?
MS. FULFORD: Yes.
WENDI ADELSON: There weren't any divorce proceedings prior to = filing.
MS. FULFORD: I guess what I'm saying is, because you're an attorney, were you familiar with family law?
MS. FULFORD: Had you participated in helping anybody with their dissolution of marriage?
WENDI ADELSON: I had not.
MS. FULFORD: Completely unfamiliar with the process?
WENDI ADELSON: I was unfamiliar with the process.
MS. FULFORD: And that pleading that's before you -- are you back on the front page of that?
WENDI ADELSON: I can get back to the front page.
MS. FULFORD: Okay.
WENDI ADELSON: I'm at the front page.
MS. FULFORD: And could you read for the jury what the title of that pleading is?
WENDI ADELSON: Yes, ma'am. Former husband's countermotion for enforcement of MSA on parenting issues and motion for contempt and sanctions.
MS. FULFORD: It doesn't say Grandmother Motion, does it?
MS. FULFORD: And, in fact, the overwhelming majority of that motion relates to Danny's complaints about you and parenting issues, correct?
WENDI ADELSON: It does, yes.
MS. FULFORD: And, in fact, what they call the grandmother part of that motion is really Danny complaining about you not meeting the requirements of the right of first refusal, correct?
WENDI ADELSON: That's correct.
MS. FULFORD: Because his complaint is that if you gave him the right of first refusal, some of the times he could take it and the children would be with him instead of the grandmother?
WENDI ADELSON: Yes.
MS. FULFORD: It wasn't actually suggesting that from this point forward, your mother could no longer have anything but supervised visitation, correct?
WENDI ADELSON: I didn't see it that way.
MS. FULFORD: And in any event, your mother never saw that motion, did she?
WENDI ADELSON: No, she did not.
MS. FULFORD: May I approach?
JUDGE EVERETT: You may.
BY MS. FULFORD:
MS. FULFORD: I'm going to take the book. I don't know if I'm going to need to give it back to you or not. That way it's not going to fall on you.
WENDI ADELSON: Okay.
MS. FULFORD: Now, the State has referred to this bribe. You've heard them talk about that, correct?
WENDI ADELSON: I believe so.
MS. FULFORD: They suggested -- because I think there are emails where you discussed this about potentially offering Danny a million dollars?
WENDI ADELSON: Yes.
MS. FULFORD: And your understanding of what was trying to take place there, because you actually put that in writing, was it wasn't to take the children away from Danny, was it?
MS. FULFORD: It was in hopes that he would relocate to Miami as ~well, correct?
WENDI ADELSON: Yes.
MS. FULFORD: And that although you would live separate lives, you could raise your children together, right?
WENDI ADELSON: Yes.
MS. FULFORD: Because there were more opportunities for him, Danny, to practice his Jewish faith in Miami than there is in Tallahassee, correct?
WENDI ADELSON: Correct.
MS. FULFORD: They have kosher food in Miami?
WENDI ADELSON: Yes.
MS. FULFORD: Lots of it?
WENDI ADELSON: Yes.
MS. FULFORD: They don't have that in Tallahassee?
MS. FULFORD: And the million-dollar offer was not to bribe him in what sounds like an illegal sense, it was an incentive for him to relocate himself to Miami, correct?
WENDI ADELSON: Yes. That was my understanding, yes.
MS. FULFORD: You lived there with him before?
WENDI ADELSON: Yes.
MS. FULFORD: And he liked living there?
WENDI ADELSON: Yes.
MS. FULFORD: In fact --
WENDI ADELSON: He liked it very much.
MS. FULFORD: I'm sorry. I didn't mean to talk over you.
WENDI ADELSON: No. That's okay. I'm just saying he liked it very much.
MS. FULFORD: In fact, he tried to get a professorship at the University of Miami School of Law?
WENDI ADELSON: He did.
MS. FULFORD: And if he had gotten that, the plan between you and he was to stay in Miami, correct?
WENDI ADELSON: we would have, yes.
MS. FULFORD: But he didn't get it, and so he had already been employed by FSU College of Law, right?
WENDI ADELSON: Yes.
MS. FULFORD: And so you moved up here and finished law school and you all remained in this area?
WENDI ADELSON: Yes.
MS. FULFORD: So the million dollars would offset, as the State has mentioned, travel expenses if he moved there, correct?
WENDI ADELSON: Right.
MS. FULFORD: He only taught two days a week, right?
WENDI ADELSON: Yes.
MS. FULFORD: So that would have given him the opportunity to live in Miami, and for the two days a week he needed to be in Tallahassee, he could take plane trips, right?
WENDI ADELSON: Yes.
MS. FULFORD: And be here?
WENDI ADELSON: Yes.
MS. FULFORD: And if you-all had done that, he still could have enjoyed 50 percent parenting time with his children, right?
WENDI ADELSON: That would have been the same, yes.
MS. FULFORD: It wasn't to take him away from the kids?
MS. FULFORD: we're going to talk about relocation more than once, but I just want to make sure I understand how that all came about. Okay? So it was -- you left the marital home in August or September of 2012?
WENDI ADELSON: I think it was September.
MS. FULFORD: So you separated officially in 2012?
WENDI ADELSON: Yes.
MS. FULFORD: By the time he was murdered, almost two years had passed?
WENDI ADELSON: Yes.
MS. FULFORD: Do I understand it correctly that around October or November of 2012 that you interviewed for a job at a law firm in Miami?
WENDI ADELSON: I did.
MS. FULFORD: And that was the Grossman Firm?
WENDI ADELSON: I think it's Grossman & Roth.
MS. FULFORD: And somewhere around December of 2012, they made you an offer?
WENDI ADELSON: They did.
MS. FULFORD: And I don't need to know numbers, but was it substantially more than you were making in Tallahassee?
WENDI ADELSON: It wasn't. It was just more secure.
MS. FULFORD: More secure. Okay. Not more money?
WENDI ADELSON: No, it was more money, but it just -- more than anything, it was secure money as opposed to grant money that could be taken away.
MS. FULFORD: So you were a professor also at the law school here in Tallahassee?
WENDI ADELSON: I was.
MS. FULFORD: At FSU?
WENDI ADELSON: Yes.
MS. FULFORD: You were not tenured?
WENDI ADELSON: No. No, I was a clinical professor.
MS. FULFORD: So being tenured means you have more stability in your job?
WENDI ADELSON: Yes, you have more job security.
MS. FULFORD: Job security. Okay. And so you got that offer in December, and sometime in January, you told Danny that you had a good job offer, correct?
WENDI ADELSON: Yes. I asked to meet with him, and we went to get coffee and talk about it.
MS. FULFORD: And part of that discussion, you asked him if he would consider -- all of you, not together -- but all of you relocating to Miami, correct?
WENDI ADELSON: I did.
MS. FULFORD: And he was going to consider that, correct?
WENDI ADELSON: He was considering it. He wasn't opposed to it.
MS. FULFORD: You thought it would be good for all of you, correct?
WENDI ADELSON: I thought it could be.
MS. FULFORD: Including the boys?
WENDI ADELSON: Yes.
MS. FULFORD: He decided he didn't want to do it, right?
WENDI ADELSON: He changed his mind.
MS. FULFORD: But you didn't change your mind, right?
WENDI ADELSON: No. I kept going with it.
MS. FULFORD: So you filed a motion for temporary relocation, and you also amended your petition for dissolution to add relocation, correct?
WENDI ADELSON: I did.
MS. FULFORD: At the time that you filed it, did you think you had a good shot at it?
WENDI ADELSON: I thought I had a shot. I didn't really know -- it would depend on the Judge.
MS. FULFORD: And we'll go back to it later, but I guess on June the 18th of 2013, which would be right before your divorce was finalized, right?
WENDI ADELSON: (Nodding head affirmatively.)
MS. FULFORD: You had a hearing on your motion for relocation?
WENDI ADELSON: Yes.
MS. FULFORD: And the State has already presented in its exhibits a copy of the order, and relocation was denied, correct?
WENDI ADELSON: It was.
MS. FULFORD: And after relocation was denied, you and Danny were able to work out some kind of temporary schedule for the summer?
WENDI ADELSON: we were.
MS. FULFORD: And then you proceeded forward, and there's been discussion -- there was a mediation that did not resolve your divorce, but within a few days thereafter, you did come to an agreement with Danny, correct?
WENDI ADELSON: we did.
MS. FULFORD: You agreed to all of the issues in the dissolution of marriage, right?
WENDI ADELSON: Yes.
MS. FULFORD: Including how you were going to share time with him?
WENDI ADELSON: Yes.
MS. FULFORD: Was it ever your intention in the dissolution proceedings from the time that you moved out of your marital home that you would actually take the children's custody completely away from Danny so that he couldn't see them?
MS. FULFORD: Did you always want them to be a big part of his life?
WENDI ADELSON: Of course.
MS. FULFORD: He loved them, and they loved him?
WENDI ADELSON: Yes.
JUROR: Judge?
JUDGE EVERETT: Yes.
JUROR: I'm so sorry. I have to use the restroom.
JUDGE EVERETT: That's fine. The bailiff will take you-all to the jury room.
(Jury exits courtroom.)
JUDGE EVERETT: You-all can be seated.
Mr. Zelman, if your client does need to use a bathroom break at this point, this would be the opportunity to do so.
we'll take a five-minute break. Hopefully the jurors will be ready at that point. You can step down if you need to.
(Court in recess.)
(Jury in courtroom.)
JUDGE EVERETT: Everyone can be seated.
Ms. Fulford, you may continue with your cross-examination.
MS. FULFORD: Thank you.
BY MS. FULFORD:
MS. FULFORD: I have just a bunch of oddball questions at this point.
You recall getting emails from your mother?
WENDI ADELSON: Yes.
MS. FULFORD: And your father?
WENDI ADELSON: well, yes, from both, from the same email.
MS. FULFORD: And I think you had a necklace at some point during that time period that said, never, never, never give up?
WENDI ADELSON: I did.
MS. FULFORD: And your parents would sometimes put that in emails back to you, correct?
WENDI ADELSON: Yes.
MS. FULFORD: Need to know if you recall this. Your parents, you had mentioned when they went out of the country, you used the whatsApp to communicate with them because it was free of charge?
WENDI ADELSON: Yes.
MS. FULFORD: And you could call them free of charge?
WENDI ADELSON: Yes.
MS. FULFORD: And you could message with them free of charge?
WENDI ADELSON: Both, yes.
MS. FULFORD: And when your parents would go out of town, do you recall that they had a routine where your mother would take her phone, but your father would not get the plan to -- to travel with. Do you recall that?
WENDI ADELSON: That sounds right.
MS. FULFORD: And wasn't that because if you called the Adelson Institute and you got the answering machine -- it was an old-fashioned answering machine, right?
WENDI ADELSON: Yes.
MS. FULFORD: And what it gave out if you reached the answering machine was your father's cell phone number?
WENDI ADELSON: Yes.
MS. FULFORD: So he didn't want to be contacted when he was out of town, and that's what people would get, right?
WENDI ADELSON: Yes.
MS. FULFORD: The birthday party that's been mentioned for your dad, it was his 70th birthday?
WENDI ADELSON: It was.
MS. FULFORD: And although I don't think it ended up being a surprise, your mom was trying to plan a party for him where he knew his children and grandchildren would be there, but she was trying to surprise him with the friends?
WENDI ADELSON: That's right.
MS. FULFORD: And you might have helped her with some of those preparations?
WENDI ADELSON: I think so.
MS. FULFORD: And she planned it for several months, right?
WENDI ADELSON: Yes.
MS. FULFORD: And I think one of the things that you got involved with was a caterer that was going to be used to cook paella -- I'm not sure if that's how you pronounce it -- at the party?
WENDI ADELSON: It's pronounced paella. I think -- I remember on the night of -- I speak Spanish, so I spoke with him in Spanish because I don't think he spoke much English.
MS. FULFORD: And your mother didn't speak Spanish, right?
MS. FULFORD: But you weren't actually making the order and buying it, correct?
WENDI ADELSON: No. I didn't pay for anything.
MS. FULFORD: May I approach, Your Honor?
JUDGE EVERETT: You may.
BY MS. FULFORD:
MS. FULFORD: It's still Adelson, correct?
WENDI ADELSON: Yes.
MS. FULFORD: Ms. Adelson, I'm going to approach and show you what's been marked just for identification purposes as Defense 493, and ask you to look at that and tell me if you have ever seen that before.
WENDI ADELSON: I have seen this before.
MS. FULFORD: And that's an email that your father sent to you regarding the appointment that he had made for the Tv to be repaired, correct?
WENDI ADELSON: Correct.
MS. FULFORD: And on the front page you can see where he is forwarding it to you and it says, love, Dad, right?
WENDI ADELSON: Yes.
MS. FULFORD: And then he tells you when the appointment is going to be, Friday the 18th, between 8 and 12, right?
WENDI ADELSON: Yes.
MS. FULFORD: And then when you flip -- well, let me -- now stay on the first page. Do you see down -- almost two-thirds of the way down where it has the order information and the order creation date?
WENDI ADELSON: Yes.
MS. FULFORD: And that date was what?
WENDI ADELSON: The order creation date is July 11th, 2014.
MS. FULFORD: Okay. And on the next page where the problem description is, it says that Harvey called in, stated that the 55-inch TV screen had some problems, right?
WENDI ADELSON: Yes.
MS. FULFORD: If you go to the next page, it repeats about the complaint that your father had about what was wrong with the TV, right?
WENDI ADELSON: Yes.
MS. FULFORD: If you scroll down, there are some questions under date submitted, right?
WENDI ADELSON: Yes.
MS. FULFORD: whether the TV is wall mounted?
WENDI ADELSON: Yes.
MS. FULFORD: what the size of the Tv is?
WENDI ADELSON: Yes.
MS. FULFORD: If it's mounted over six feet high?
WENDI ADELSON: Yes.
MS. FULFORD: The height of the ceiling?
WENDI ADELSON: Yes.
MS. FULFORD: Is it eligible for a loaner?
WENDI ADELSON: Yes.
MS. FULFORD: Was it installed by the Geek Squad?
WENDI ADELSON: Yes.
MS. FULFORD: Is the product that we're going to service in a place of business?
WENDI ADELSON: So I'm saying yes that I see these questions, but the answer to that question is no.
MS. FULFORD: Right, correct.
WENDI ADELSON: Okay.
MS. FULFORD: That's what I was going to point out.
WENDI ADELSON: Okay.
MS. FULFORD: So your dad said no to that one, correct?
WENDI ADELSON: Right.
MS. FULFORD: Is the product that we are going to service in a place of business, and your dad answered no, correct?
WENDI ADELSON: He answered no.
MS. FULFORD: And the next one says what?
WENDI ADELSON: would you be willing to accept a sooner appointment if one became available, and the answer to that one is yes.
MS. FULFORD: Thank you.
MS. FULFORD: May I approach?
JUDGE EVERETT: You may.
BY MS. FULFORD:
MS. FULFORD: Ms. Adelson, you testified on direct when asked some questions about the name change of your children. You recall those questions?
WENDI ADELSON: Yes.
MS. FULFORD: And I think your testimony was that you officially changed your children's last names a year, year and a half? what did you say?
WENDI ADELSON: I legally changed them a year after Danny's death.
MS. FULFORD: Okay. But after he passed away and you went to Miami, it was time for your oldest child to be in enrolled in kindergarten, right?
WENDI ADELSON: Yes.
MS. FULFORD: And so what were the ages of the children when Danny was murdered?
WENDI ADELSON: They were almost five and three and a half.
MS. FULFORD: And so the five-year-old was going into kindergarten?
WENDI ADELSON: Yes.
MS. FULFORD: And where was the other child going to be? was he being put in, like, a preschool program?
WENDI ADELSON: It was a preschool program.
MS. FULFORD: Okay. And so you went and registered them at the school, correct?
WENDI ADELSON: Yes.
MS. FULFORD: And the official registration said Markel for the children's last names, correct?
WENDI ADELSON: I believe so.
MS. FULFORD: But because you were going to socially refer to them as Adelson, that's what you asked the school to do as well, right?
WENDI ADELSON: Yes.
MS. FULFORD: And so when you went into orientation for the oldest child -- I'm trying not to say the name. when you went into orientation for the oldest child for kindergarten and they had his little name plate there where he was going to sit at his desk, it said last name Adelson, right?
WENDI ADELSON: I honestly don't remember him having a last name on -- I remember his first name being there, but I don't remember -- I thought they put the first names for the kindergarteners.
MS. FULFORD: But you asked the school to refer to him by the last name Adelson?
WENDI ADELSON: I did. I did.
MS. FULFORD: So there was an exhibit that was shown to you where your mother had registered him for an after-school flag football, right?
WENDI ADELSON: Right.
MS. FULFORD: And so because the school is being -- knowing his name, that he’s being referred to as Adelson, that's why she did that, correct?
WENDI ADELSON: Correct.
MS. FULFORD: And the youngest one, where was he going to go, or where did he go?
WENDI ADELSON: He was at a preschool, a private preschool, because he was too young to go to the preschool at the public elementary school.
MS. FULFORD: And whether it was your mother or your father who wrote the email about signing up and Grandpa's coming with him to -- I'm sorry, I'm not Jewish. I didn't understand what that was.
WENDI ADELSON: It's okay. Tot Shabbat would have been, you know, like a Sabbath activity where the grandparents would come and sing songs and something like that.
MS. FULFORD: And so the younger one is also being known as last name Adelson?
WENDI ADELSON: Yes.
MS. FULFORD: Because socially that's what you wanted them to go forward with?
WENDI ADELSON: I thought it would make them safer.
MS. FULFORD: There was some questions of you on direct about potentially purchasing a home after the divorce was final in 2013. You recall those questions?
WENDI ADELSON: I do.
MS. FULFORD: And it was suggested that Charlie convinced you not to do that, right?
WENDI ADELSON: That was what was suggested.
MS. FULFORD: But, in fact, the reason I think you stated was because you hadn't gotten your settlement yet from Mr. Markel?
WENDI ADELSON: Right. I didn't have the money to purchase a home.
MS. FULFORD: And so even though you had been interested in it, you had to notify your realtor that --
WENDI ADELSON: It wasn't possible at that time.
MS. FULFORD: Okay. And in the emails that the State introduced and discussed with you where your mother is making lots of suggestions, mostly after relocation was denied, of things that you could do, like, tell Danny you're going to raise them as Catholics, you're going to have them baptized as Catholics, all of those suggestions she was making, correct?
WENDI ADELSON: Yes.
MS. FULFORD: She wasn't actually suggesting you do it. She was wanting you to use that as a means of negotiating with Danny, right?
WENDI ADELSON: That's my understanding.
MS. FULFORD: That if he thought maybe you were going to do these things, he would reconsider the issue of relocation, correct?
WENDI ADELSON: Correct.
MS. FULFORD: You testified that your mother hated Danny at the time that he was killed. You remember saying that?
WENDI ADELSON: I believe I said that.
MS. FULFORD: But the week before he died, your mother was babysitting for Danny, wasn't she?
WENDI ADELSON: Yes.
MS. FULFORD: And nothing but pleasantries between the two of them?
WENDI ADELSON: That's right.
MS. FULFORD: And, in fact, she actually made him banana bread specifically the way he liked it, right?
WENDI ADELSON: It was his favorite.
MS. FULFORD: without nuts, but with chocolate chips?
WENDI ADELSON: That's right.
MS. FULFORD: But you think she hated him?
WENDI ADELSON: I think she was mad at him.
MS. FULFORD: Mad at him. There's a difference between being mad at someone and hating them, isn't there?
WENDI ADELSON: There is.
MS. FULFORD: I think you testified that -- and there may have been an email that suggested it -- that you would have never left Danny if not for your mom and maybe brother's suggestions. Did you say that?
WENDI ADELSON: I don't think that was exactly right. I think it was, I probably wouldn't have left, kind of suggesting that maybe I would have wanted to but wouldn't have had the strength or wherewithal to leave on my own.
MS. FULFORD: Isn't it true that each year, maybe not every year, but many years yourself and Danny would, when you finished the school session here at FSU College of Law, you would go down to Coral Springs or Miami, whichever they were at, and you would spend almost two weeks with your parents, right?
WENDI ADELSON: Yes.
MS. FULFORD: And that would be yourself and Danny when it was just you, right?
WENDI ADELSON: Yes.
MS. FULFORD: And then after you had the children, all of you went down there, correct?
WENDI ADELSON: Yes.
MS. FULFORD: In fact, what really happened was in the summer of 2012, when you decided that you were going to leave Danny, Danny was down there with you, correct?
WENDI ADELSON: Yes.
MS. FULFORD: And the children were there too?
WENDI ADELSON: Yes.
MS. FULFORD: And they were young? How old were they?
WENDI ADELSON: In 2012, they would have been two and three.
MS. FULFORD: And you -- Danny was there. And you actually asked your mom if she would go out to coffee with you. Do you remember that?
WENDI ADELSON: I don't remember that.
MS. FULFORD: And you told her then that you were going to leave Danny and get a divorce, didn't you?
WENDI ADELSON: That sounds right, but I don't remember that.
MS. FULFORD: Okay. And, in fact, she suggested counseling to you and you told her you guys had already been in counseling and it didn't work; isn't that right?
WENDI ADELSON: we had been in counseling and it hadn't worked, but again, I don't -- this sounds like something that could have happened, but I just don't remember the coffee.
MS. FULFORD: There was also questions of you, several questions about your interview with law enforcement the day that Danny was shot. You recall those questions from the State?
WENDI ADELSON: I do recall the questions.
MS. FULFORD: And they were pointing out things that you had said about your family, your parents, Charlie. You remember those questions?
WENDI ADELSON: I do.
MS. FULFORD: Isn't it true that when you were interviewed by law enforcement, what you said initially was that Danny's parents were going to think that you're the one who did it, right?
WENDI ADELSON: I did say that.
MS. FULFORD: I wanted to talk about the relocation a little bit. So you had a relocation hearing on June the 18th. Does that sound right?
WENDI ADELSON: 2013?
MS. FULFORD: Yes, ma'am.
WENDI ADELSON: Yes.
MS. FULFORD: And leading up to that hearing, you notified your mother by email that because she was going to be testifying in court, she would need to wait outside that hearing, correct?
WENDI ADELSON: I don't remember that, but if she was supposed to be a witness, then she couldn't be present for the hearing.
MS. FULFORD: May I approach, Your Honor?
JUDGE EVERETT: You may.
BY MS. FULFORD:
MS. FULFORD: I'm going to show you what's been marked for identification purposes as Defense Exhibit 49B. If you could just read that for me, just to yourself.
WENDI ADELSON: Do you want me to read to the end?
MS. FULFORD: No, ma'am. I'm just looking for where you told your mother, get you to agree that you said to her, because you are testifying in court, Mom, you won't be able to sit in on the hearing with me. Is that what you said?
WENDI ADELSON: Yes, but I can have Dad there.
MS. FULFORD: Come and get it from you.
WENDI ADELSON: Okay.
MS. FULFORD: Thank you. Sometime in April of 2013, so that would be not long before your divorce was final, you took a trip -- I don't know if you were speaking there or someone else was -- but you took a trip out of town with a gentleman named Miguel. Do you recall that?
WENDI ADELSON: I don't recall the trip, but I was seeing Miguel at the time.
MS. FULFORD: You do recall the trip?
WENDI ADELSON: well, I was seeing Miguel at the time, but I don't know what the trip was in April of 2013. I don't remember that. Can you tell me where we went?
MS. FULFORD: Yes, ma'am. I'm going to get that for you.
WENDI ADELSON: Okay.
MS. FULFORD: Puerto Rico. Does that sound familiar?
WENDI ADELSON: It was a clinical law professor conference, there's one every year, and that year it was in Puerto Rico.
MS. FULFORD: And did you speak at that or you were there to get credit hours or something of that nature?
WENDI ADELSON: No, I spoke.
MS. FULFORD: May I approach, Your Honor?
JUDGE EVERETT: You may.
BY MS. FULFORD:
MS. FULFORD: I'm going to show you for identification purposes as Defendant's Exhibit 1£, and it's dated April the 28th of 2013 and addressed, Dear Renee. You don't need to read it all, but would you familiarize yourself with your communication there, please?
WENDI ADELSON: Okay. I've read a little bit. Do you want me to --
MS. FULFORD: No, that's okay. I will point out any sections that I wanted to discuss with you.
would you agree that you wrote this on April the 28th of 2013?
WENDI ADELSON: Yes, it looks like I dated it.
MS. FULFORD: Okay. And that's to a Renee?
WENDI ADELSON: Yes.
MS. FULFORD: And you're coming back from your trip to Puerto Rico?
WENDI ADELSON: Yes.
MS. FULFORD: And while you're on this trip, your parents were taking care of the boys, correct?
WENDI ADELSON: Yes.
MS. FULFORD: And on the first page, down towards the bottom, you have some bullet points about what you would like to do to resolve your divorce, correct?
WENDI ADELSON: well, I think it was not just about my divorce. It was kind of about how I wanted to be living my life overall.
MS. FULFORD: Yeah, I was trying not to get into the personal information, but that's right. This entire email is really about changes you want to make in your life, correct?
WENDI ADELSON: Yes.
MS. FULFORD: And the last bullet point down at the bottom it says, I've been coming to a place in the last few months where I have realized that I want to keep my job. It allows me the maximum amount of flexibility to spend with my kids, while allowing the freedom for intellectual exploration, one-on-one mentoring with students, and meaningful work in the community. I don't care that Jibbers told my colleagues that I stole from him and that I am mentally ill. Nasty things are said in divorce and people know that. Right?
WENDI ADELSON: Yes.
MS. FULFORD: Tallahassee isn't ever where I wanted to live, but it's where the job is, and it's where my boys' father is, which means they don't have to constantly be flying on planes or driving in cars to accomplish our custody situation. Right?
WENDI ADELSON: Yes.
MS. FULFORD: So you have the pending petition and motion for relocation, but as of April the 28th, you're starting to think maybe staying in Tallahassee is the right thing to do, = correct?
WENDI ADELSON: Yes.
MS. FULFORD: And then this goes on, third page is, now you're writing on May the 2nd of 2013, correct?
WENDI ADELSON: Yes.
MS. FULFORD: A little different subject. But if you go to the next-to-the-last page of that exhibit, see where it starts, um, wait, it's me again?
WENDI ADELSON: Yes.
MS. FULFORD: Okay. The paragraph after that, I wanted to ask you about this. It says, on Sunday morning we're supposed to sit on the same stage. You're referring to Mr. Markel, correct?
WENDI ADELSON: Yes.
MS. FULFORD: In full regalia and cap for the graduating law students. I love graduation and the Jibs has never attended because it's normally on a Saturday morning and he is at synagogue. Correct?
WENDI ADELSON: Yes.
MS. FULFORD: And then you say, it's on Sunday this year and I have the boys and the dean wants all faculty to attend, so I need to. It's only two hours and my mom can watch the boys during that time. Correct?
WENDI ADELSON: Yes.
MS. FULFORD: So it was fairly routine, then, for you to get your mother or both parents' assistance when you had somewhere that you needed to be and someone needed to take care of the children, correct?
WENDI ADELSON: Yes.
MS. FULFORD: I'm sorry, Judge. I have so many papers up here. I'm confused.
JUDGE EVERETT: Take your time. This is your opportunity to examine the witness.
MS. FULFORD: May I approach?
JUDGE EVERETT: Go ahead.
BY MS. FULFORD:
MS. FULFORD: I'm going to exchange with you, Ms. Adelson. I'll take that one back and then show you what's been marked as Defense Exhibit 1G for identification purposes. Could you review that to yourself, please?
WENDI ADELSON: Okay.
MS. FULFORD: I'm not sure if this was to Renee or not. Yeah, you mention Renee. So this is on June the 4th of 2013, correct?
WENDI ADELSON: Yes.
MS. FULFORD: And we're approaching the hearing date on the relocation motion which is set for June the 18th, right?
WENDI ADELSON: Yes.
MS. FULFORD: And in here you're expressing some concerns over what you have been through in the divorce, but you said, and I think the State referred to this, that Mr. Markel had sent you a long message about how you could be doing all of the divorce stuff so differently, in the spirit of love and joy, where we get together and talk about our vision for the boys and for our future. And I won't say what you said after that. But at this point you're kind of agreeing with him, you want to do it peacefully, right?
WENDI ADELSON: Yes.
MS. FULFORD: And you talk about the -- one alternative is you could call Gary. Now, Gary is the gentleman who was kind of offering you a position in Miami, right?
WENDI ADELSON: Gary was a partner at the law firm where a position was offered to me.
MS. FULFORD: And your plan was to have him come and testify at the relocation hearing about the job that he would be giving you if you relocated there, correct?
WENDI ADELSON: Yes.
MS. FULFORD: And you had other people who were going to testify there as well on your behalf, right?
WENDI ADELSON: Yes.
MS. FULFORD: And so you say, one alternative is you call Gary and say, I've changed my mind. TI don't think it's best for my kids to move them to South Florida. I appreciate you saving the job for me, but I'm not going to come to South Florida. Correct?
WENDI ADELSON: Yes.
MS. FULFORD: And then you say -- you call your brother and say, I love you, Charlie, but I'm going to stay in Tallahassee. I know you don't agree with my decision, but that's what's best for me and the kids right now. I hope one day you'll understand. That was something else you were considering, correct?
WENDI ADELSON: Right.
MS. FULFORD: And then call your parents and say basically the same thing, and if they wanted to come up any time and visit you and the boys in Tallahassee, they were free to do so, right?
WENDI ADELSON: Yes.
MS. FULFORD: But that's like they've always been doing, correct?
WENDI ADELSON: Yes.
MS. FULFORD: So you think if you take relocation off the table that it will give you an opportunity to discuss things with Mr. Markel and hopefully work them out, right?
WENDI ADELSON: Yes.
MS. FULFORD: On the next page you talk about what the alternative vision is, and that's what you currently have planned, which is to have Gary fly up to testify at the hearing, right?
WENDI ADELSON: Yes.
MS. FULFORD: Your mom would testify, right?
WENDI ADELSON: Yes.
MS. FULFORD: They would fly up and spend days with you, correct?
WENDI ADELSON: Yes.
MS. FULFORD: You expected that at that time the hearing would last one to two days, right?
WENDI ADELSON: Yes.
MS. FULFORD: And you were concerned that you would go through all of that, spending more money, being more stressed, and then you say, for the chance to save face with my family and to be given an opportunity I don't actually want, to live with them in South Florida. That's what you said, right?
WENDI ADELSON: well, I say, an opportunity I don't actually want with all of my heart, but maybe part of it, to live with them in South Florida.
MS. FULFORD: And then you say, so I am willing to put myself through all of this just to keep up appearances with my parents and brother, that I want to be living down in South Florida -- or down south with them, even though I don't want to. That's what you said, right?
WENDI ADELSON: I say, even though I don't want to give up my current flexible job where I get to spend maximum time with my kids so I can be with them.
MS. FULFORD: And that was June the 4th of 2013, right?
WENDI ADELSON: Yes.
MS. FULFORD: And what you end up choosing was the second alternative, correct?
WENDI ADELSON: I went through with the hearing.
MS. FULFORD: And, I think, let me find it --
MS. FULFORD: May I approach, Your Honor?
JUDGE EVERETT: You may.
BY MS. FULFORD:
MS. FULFORD: I'm going to show you what's already been introduced into evidence as State's Exhibit 60. Let me see if I can figure out their lettering system. That would be Y. I'm going to take this and let you take this book. And if you would review that pleading or this order that the Court entered, please.
WENDI ADELSON: Okay.
MS. FULFORD: Have you had an opportunity to review that?
WENDI ADELSON: Yes.
MS. FULFORD: So you went into this hearing and Gary ended up coming, correct?
WENDI ADELSON: He did.
MS. FULFORD: And he testified, right?
WENDI ADELSON: Yes.
MS. FULFORD: And you gave some testimony, correct?
WENDI ADELSON: Yes.
MS. FULFORD: And what happened was, the Judge kind of called a timeout, right?
WENDI ADELSON: I don't remember a timeout.
MS. FULFORD: At some point she wanted to speak to counsel; is that right?
WENDI ADELSON: I'm sorry, I don't remember that part, of her speaking to counsel.
MS. FULFORD: Do you remember the Judge making some comments about the children hadn't been harmed and since he hadn't pulled out their toenails?
WENDI ADELSON: I do remember the toenail comment, yes.
MS. FULFORD: So she wasn't leaning towards relocation, correct?
WENDI ADELSON: No, no, no, no.
MS. FULFORD: So even though you had other witnesses, you didn't proceed with the hearing, right?
WENDI ADELSON: well, I think we had the hearing and the Judge = decided.
MS. FULFORD: You didn't call all your witnesses, did you?
WENDI ADELSON: I don't remember.
MS. FULFORD: If you look at the order, it says, order on wife's petition to relocate with the minor children, and then it says what the Court orders and adjudges. The Court does not find that the wife has met her burden of proof that a relocation is in the best interest of the minor children. You see that?
WENDI ADELSON: Yes, number one.
MS. FULFORD: Yes. And your mother actually stayed outside for the testimony of that hearing with your dad, correct?
WENDI ADELSON: I don't remember, but I remember asking her to stay outside if she was going to testify.
MS. FULFORD: Okay. And you came outside at some point and told your parents that relocation was denied, correct?
WENDI ADELSON: correct.
MS. FULFORD: And it's after this hearing when relocation is denied that those truly ugly emails that your mother wrote were written by her, correct?
WENDI ADELSON: Yes.
MS. FULFORD: May I approach?
JUDGE EVERETT: You may.
BY MS. FULFORD:
MS. FULFORD: Actually, if you'd keep that for a second.
WENDI ADELSON: Okay.
MS. FULFORD: Once the final judgment was entered, the issue of relocation was over, right?
WENDI ADELSON: Yes.
MS. FULFORD: Relocation from July 31st of 2013 until the time that Mr. Markel was murdered was never an issue again, was it?
WENDI ADELSON: It was never an issue from the day it was decided on July 31st, 2013. That's when it ended.
MS. FULFORD: Certainly after the final judgment, correct?
WENDI ADELSON: Yes.
MS. FULFORD: And that's the end of the discussion about relocation, right?
WENDI ADELSON: Yes.
MS. FULFORD: No more plans about how to get relocation. The issue's decided, correct?
WENDI ADELSON: It was decided.
MS. FULFORD: Ms. Adelson, if you look at that order that's entered by the Court, besides saying it's denied, it says something pretty important, and I think the State pointed this out in its opening. It says that this denial is with prejudice --
WENDI ADELSON: Yes, ma'am.
MS. FULFORD: -- of the wife's petition for request to relocate with the minor children. And you're a lawyer, so you know that with prejudice means this is done, this topic in this divorce is over?
WENDI ADELSON: Yes, with prejudice means it's a final decision of the Court.
MS. FULFORD: But what it says right before that is, as such, the parties stipulate to the denial with prejudice of the wife's petition. You see that?
WENDI ADELSON: Yes, I do.
MS. FULFORD: So what happened is, is after the Judge says, if their toenails haven't been pulled out, I'm not thinking relocation, you actually stipulated to denial with prejudice, right?
WENDI ADELSON: Yes.
MS. FULFORD: You did not tell your parents that you stipulated to denial with prejudice, did you?
WENDI ADELSON: I don't remember any conversation there really.
MS. FULFORD: So not knowing that it was denied with prejudice, your mother thought you still had an opportunity to get it up through your final hearing, right?
WENDI ADELSON: I believe so.
MS. FULFORD: And so she kept writing these ugly things and giving you all of these ugly suggestions, right?
WENDI ADELSON: She did write those emails.
MS. FULFORD: If you had told her you stipulated with prejudice, that's probably not what you wanted, Mom, but that would have been the end of it, right?
WENDI ADELSON: I don't know. I would just be guessing.
MS. FULFORD: May I approach?
JUDGE EVERETT: You may.
BY MS. FULFORD:
MS. FULFORD: well, if you'd just be guessing, after she thought it was finally over on July the 31st, there were no more emails suggesting you do things like she suggested between the hearing date on June the 20th and the final hearing on July the 31st, did she?
WENDI ADELSON: Can you help me -- what is the question?
MS. FULFORD: Sure. So your mother doesn't know when you get out of the hearing on June the 20th that you've stipulated that this is a forever decision, so she writes these ugly emails, right?
WENDI ADELSON: She may not have understood that it was a final decision of the Court.
MS. FULFORD: It was a decision of the Court because you stipulated to it, Ms. Adelson, didn't you?
WENDI ADELSON: I did stipulate to it.
MS. FULFORD: And she didn't know it. She thought you had up until the final hearing. So she's marching along trying to come up with more suggestions of how you can pressure Danny and get him to agree for you to relocate, even though you know it's dead, right?
WENDI ADELSON: I knew that it was a final decision.
MS. FULFORD: And after July the 31st, when she thought it was a final decision, she wrote no more emails suggesting you do these crazy things to still try and get relocation, did she?
WENDI ADELSON: I don't remember the dates of the email, but --
MS. FULFORD: And you testified --
WENDI ADELSON: -- I'm guessing, no.
MS. FULFORD: -- when you got up -- when the State was asking you questions, after you said your mother hated Danny at the time that he was killed, which you've clarified now that she was mad at him, not that she hated him, you testified you hated him at the time he was killed, right?
WENDI ADELSON: I don't remember testifying to that.
MS. FULFORD: Well, then we'll need to take a break, Judge.
JUDGE EVERETT: Did you have any other --
MS. FULFORD: May we approach?
JUDGE EVERETT: -- questions for the witness?
MS. FULFORD: I do. May we approach?
JUDGE EVERETT: Please approach.
(Sidebar conference as follows:)
MS. FULFORD: Your Honor, this witness testified on direct examination that at the time that Danny Markel was murdered, she hated him. She is not remembering making that statement. I would like the opportunity for the court reporter to go back and find that so that she can be confronted with it.
JUDGE EVERETT: That's fine. But since she's testified to many things, you don't want me to instruct the jurors to rely on what they have heard? She's testified to a whole lot of things over several hours.
MS. FULFORD: She has. May I talk to my client real quick, please?
JUDGE EVERETT: Go ahead.
(Sidebar conference concluded.)
JUDGE EVERETT: Members of the jury, we are going to take a brief break. The bailiff will take you to the jury room.
(Jury exits courtroom.)
JUDGE EVERETT: Everyone can be seated.
MS. CAPPLEMAN: Are we in recess, Judge?
JUDGE EVERETT: I believe the Defense is talking to their client and we will go in recess for a moment.
(Court in recess.)
JUDGE EVERETT: Mr. Zelman, Ms. Fulford, as to this issue, are you seeking for the court reporter to review something or do you wish for me to instruct the jurors?
MS. FULFORD: I think we have an alternative resolution. If we can have one moment, please.
JUDGE EVERETT: Go ahead.
(Sidebar conference as follows:)
JUDGE EVERETT: All right. Go ahead.
MR. ZELMAN: So the idea that I had was instead of asking the court reporter to relate that back and -- or your idea, Your Honor, of asking the jury to remember the testimony as they heard it, we ask the court reporter to prepare a brief except from that testimony so we can admit it as an exhibit and then use that at closing.
MS. FULFORD: That way she doesn't have to do it right now. we're not wasting the jury's time.
JUDGE EVERETT: Do you want to be heard concerning this?
MS. CAPPLEMAN: I mean, it's improper impeachment.
JUDGE EVERETT: well, as to this issue, I will find the witness has testified to a great deal of things over the last five hours. I believe during your direct examination, the word, hate, was used. Since, she has used other language to soften the word, hate. It's ultimately up to the fact finder what they're going to believe.
As far as them using it as a demonstrative, you're saying it's improper impeachment?
MS. CAPPLEMAN: Oh, as a demonstrative, the transcript?
JUDGE EVERETT: I believe that's what they're saying.
MS. FULFORD: Not to impeach her.
JUDGE EVERETT: First, you've got to go through the predicate of impeachment with the witness, if you're actually seeking to admit this as extrinsic evidence of the statement given earlier today. I don't even think she's denying having made the statement. She's been on the witness stand since, what?
MS. CAPPLEMAN: 10:30.
MS. FULFORD: She had a lunch break.
JUDGE EVERETT: well, she did. But I'm assuming beyond her social security number and children's birthdays, there's probably not much more swimming around in her head, but I'm no doctor.
MS. FULFORD: Demonstrative. We can use it for that.
JUDGE EVERETT: Very well. Let's take a ten-minute break.
(Court in recess.)
JUDGE EVERETT: we're going to take a ten-minute break at 3:40. we will resume after the jurors have used the restroom and everyone is ready.
Mrs. Adelson, if you need to use the restroom, this is your opportunity as well.
(Court in recess.)
JUDGE EVERETT: You can be seated. You can come back to the witnesses stand.
Are the jurors ready at this point?
MS. FULFORD: Your Honor, may we approach briefly?
JUDGE EVERETT: Yes.
You can be seated.
(Sidebar conference held as follows:)
JUDGE EVERETT: Go ahead.
MR. ZELMAN: So it's my understanding of the Court's ruling, based on prior counsel's motion in limine about this -- the witness not allowing very much contact with the Markel family; is that correct?
JUDGE EVERETT: Yes.
MR. ZELMAN: Judge, we're asking that we be able to do that. we don't agree with the strategical decision that was made by prior counsel.
JUDGE EVERETT: If you wish to inquire into that topic, the State is certainly permitted to redirect on it.
Ms. Cappleman, do you need to be heard?
MS. CAPPLEMAN: No, sir.
JUDGE EVERETT: If you open the door, the topic is open. In that same vein, I believe previously when we had the motion in limine concerning Rob Adelson, there was some concern as to what he would testify to. Given the fact that the cross-examination of this witness has gone into the personality traits of your client, at least on that issue, is there any argument, Ms. Cappleman?
MS. CAPPLEMAN: Mr. Adelson is Ms. Dugan's witness, so I'll --
MS. DUGAN: I believe that the Court's ruling also was that if I could establish the foundation, he could talk about the personality traits of the family members. So, yes, I would argue -- oh, yeah. In addition to that, my memory of the ruling was that I just had to establish a foundation, but I would also argue that it has been gone in by this witness too.
JUDGE EVERETT: Very well. Is there anything the Defense wishes to argue on this topic?
MS. FULFORD: Not at this time, no.
JUDGE EVERETT: AS to any opinions that Robert Adelson would still offer concerning whether he believes his family has committed this crime, he may not testify to that. But as to all personality traits that now wendi Adelson has offered in relationship to Donna Adelson, the State may inquire as to Rob Adelson as to personality traits.
MS. DUGAN: Yes, sir.
MS. FULFORD: The only request I have, Judge, is before he testifies, I would like the Court to instruct him on what his limitations are because --
JUDGE EVERETT: We can do that out of the presence of the jury when we switch out for wendi Adelson.
MR. ZELMAN: Thank you.
(Sidebar conference concluded.)
JUDGE EVERETT: You can bring them in.
(Jury in courtroom.)
JUDGE EVERETT: You may be seated.
You may continue with your cross-examination, Ms. Fulford.
MS. FULFORD: Thank you, Judge. +BY MS. FULFORD:
MS. FULFORD: Ms. Adelson, isn't it true that before getting married to Mr. Markel in, was it 2006?
WENDI ADELSON: 2006, we got married.
MS. FULFORD: Isn't it true that you have stated that you knew on your fancy wedding day, when you were all dolled up and feeling like you were an actor in someone else's show, you knew it on your honeymoon, when you were enjoying the vacation but not thrilled to be there with him, you said, I'm not sure I liked him, let alone loved him, but I was eager to start a life with someone and he wanted do it with me, do you recall saying that?
WENDI ADELSON: I don't recall saying that, no.
MS. FULFORD: I have placed in front of you what's been previously marked as Defendant's Exhibit 1B for identification purposes. It's towards the bottom of page 3.
WENDI ADELSON: I see that I said that in 2013.
MS. FULFORD: Ms. Adelson, you would agree that when Danny Markel was murdered on June the 18th of 2014, your little boys lost their father for the rest of their life?
WENDI ADELSON: On the day that he was murdered was July 18th, and, yes, my boys lost their father.
MS. FULFORD: They're growing up, as 11 years have passed, without his influence in their life in any way; isn't that correct?
WENDI ADELSON: I wouldn't say without his influence in any way, but, yes, they have grown up without their father.
MS. FULFORD: He is not here to give them advice?
WENDI ADELSON: He is not.
MS. FULFORD: He can't come to any of their functions, sports, anything else?
WENDI ADELSON: Correct.
MS. FULFORD: They're not eating kosher like they would have with their father?
WENDI ADELSON: They are not.
MS. FULFORD: They don't have him at all?
WENDI ADELSON: They don't have him in their lives day to day, no.
MS. FULFORD: Because on July the 18th of 2014, he was brutally murdered in his driveway; isn't that true?
WENDI ADELSON: That is true.
MS. FULFORD: And you testified on direct that anybody in your family that had anything to do with it should be held responsible; isn't that correct?
WENDI ADELSON: Yes.
MS. FULFORD: And that includes you, doesn't it?
WENDI ADELSON: Anyone. Anyone who is responsible.
MS. FULFORD: Nothing further.
JUDGE EVERETT: Redirect examination?
REDIRECT EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: when you said you were an actor in someone else's show, whose show was it?
WENDI ADELSON: I think I felt like I just wasn't fully present in my own life, that I had always been a real people pleaser, and so there was an aspect of not always being true to myself and wanting to make other people happy.
MS. CAPPLEMAN: And one of those people is your mom, right?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And that's part of why you kept going with relocation, even when you kind of had some doubts about it, right?
WENDI ADELSON: I would say it's part of the reason.
MS. CAPPLEMAN: You were asked on cross-examination about the final order on relocation issued June 20th, 2013, and didn't you stipulate to making it with prejudice, I guess? Do you remember doing that?
WENDI ADELSON: I don't actually remember stipulating. I mean, I see it in the order, but I don't remember actively saying anything or participating in a stipulation.
MS. CAPPLEMAN: In fact, when you've testified about this previously, didn't you indicate you didn't know what, with prejudice, meant?
WENDI ADELSON: I think I -- it's not something that comes up in my daily practice, and so at the time I had forgotten that it meant that it was a final order.
MS. CAPPLEMAN: And it was suggested or said on cross that you didn't tell your mom it was final and she was misled and she thought there was still room for it, right?
WENDI ADELSON: That is what was said to me on cross.
MS. CAPPLEMAN: I'm going to approach and show you what I have marked as 6433. Please take a moment to review this exhibit and let me know when you're done.
WENDI ADELSON: Okay. Okay.
MS. CAPPLEMAN: Do you recognize that email?
WENDI ADELSON: I mean, I recognize the email address. Is that what you mean?
MS. CAPPLEMAN: Yes, ma'am.
WENDI ADELSON: Yes.
MS. CAPPLEMAN: who is the email from?
WENDI ADELSON: The email is from my mom and dad's email address to a friend of theirs.
MS. CAPPLEMAN: who is the friend?
WENDI ADELSON: The Kligermans. I think it's Vickie, the woman in the relationship.
MS. CAPPLEMAN: Okay. And it's signed, love, Donna, right?
WENDI ADELSON: Yes, sorry. So it's from my mom.
MS. CAPPLEMAN: Okay. And in this email does she indicate to the Kligermans that there's no chance of -- no chance at the appellate level for appeal of your relocation?
WENDI ADELSON: Yes, that's what the email says.
MS. CAPPLEMAN: And is that email dated 6/25 of '13?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: So five days after the order was issued, your mom did know that that order was final based on this?
WENDI ADELSON: Based on that email, yes.
MS. CAPPLEMAN: You were asked questions about, you know, your mom never suggested any harm to Dan Markel to you, but she did want to bribe him, yes?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: Take control from him? weren't those her words?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: Aggravate him?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: Scare him?
WENDI ADELSON: I don't remember scare him, but I believe that was part of it.
MS. CAPPLEMAN: Give him some grief?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: Take something from him?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: Show that fucker what would make him absolutely miserable?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: But definitely not kill him, right?
WENDI ADELSON: I don't know what the question is.
MS. CAPPLEMAN: Donna was caring and devoted to your boys. You were asked about that. That's true, right?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: In fact, she maybe cared a little too much about your life and you and what was going on with you sometimes, right?
WENDI ADELSON: I don't know that you can care too much.
MS. CAPPLEMAN: Even the Nazi uniform craziness came from her version of some kind of place of love. would you agree with that?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: Because although her lawyers tried to downplay this, she was suggesting a baptism for these kids, right?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: She said she looked into it and could get it done in two weeks, right?
WENDI ADELSON: I believe that's what it said.
MS. CAPPLEMAN: And didn't she justify the means or claim that this would be harmless to your children because it was just like playing dress-up to them, right?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: Just like Jake the Pirates?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: She thought the end, relocation, would justify the means, didn't she?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And she thought a move to South Florida was what was best for you?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And what was best for your children?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: who she cared about more than anyone in the world?
WENDI ADELSON: I mean, I don't know who she cared about most in the world, but she loves me and --
MS. CAPPLEMAN: Is there anyone that she cares about more than those two boys?
WENDI ADELSON: My dad.
MS. CAPPLEMAN: Okay. She thought relocation was best for those boys. They were going to have better opportunities, right?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: Better family support?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: A happier mother?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: with a more lucrative profession?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And your lives all depended on it. Isn't that what she said?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And Dan Markel could have agreed, couldn't he?
WENDI ADELSON: He was amenable, but then he didn't want to ultimately.
MS. CAPPLEMAN: well, he could have moved to South Florida, right? Isn't that what you were asked on cross?
WENDI ADELSON: Yes, he could have.
MS. CAPPLEMAN: Could have moved to South Florida and enjoyed all that delicious kosher food down there, right?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And if he had relented, you and he could have had separate lives in Miami and happily coparented the boys, right?
WENDI ADELSON: In theory --
MS. CAPPLEMAN: That could have happened?
WENDI ADELSON: -- yes, it could have.
MS. CAPPLEMAN: Except he wouldn't relent, would he?
WENDI ADELSON: I mean, he said no, and so we had a hearing and the Judge said no.
MS. CAPPLEMAN: Right. He wouldn't relent. He wouldn't give your mom what she wanted, would he?
WENDI ADELSON: I mean, we only had one conversation about it, so it wasn't like an ongoing thing.
MS. CAPPLEMAN: It wasn't an ongoing thing? what wasn't?
WENDI ADELSON: I mean, between Danny and I. we talked about relocation, he said he would think about it, and then he said he didn't want to. And then we had the hearing, and then that was the end of it for me.
MS. CAPPLEMAN: Yes. But you were asked on cross, wouldn't things have been potentially great for Danny down there too?
WENDI ADELSON: Yes. I think they would have.
MS. CAPPLEMAN: Couldn't we all have lived happily ever after if he would have agreed to move down there too, possibly, right?
WENDI ADELSON: Possibly.
MS. CAPPLEMAN: But he wouldn't agree?
WENDI ADELSON: He didn't agree, no.
MS. CAPPLEMAN: Nothing further.
JUDGE EVERETT: Members of the jury, before we continue this afternoon, we will take a brief break. The bailiff will take you back to the jury room.
(Jury exits courtroom.)
MS. FULFORD: Your Honor, if I may?
JUDGE EVERETT: Yes, go ahead.
MS. FULFORD: There will not be any need for a proffer.
JUDGE EVERETT: Very well. with there being no need for a proffer from this witness, you may step down.
MS. CAPPLEMAN: I would ask --
JUDGE EVERETT: Ms. Cappleman, will you be recalling her under any point under your subpoena?
MS. CAPPLEMAN: I don't intend to, Judge, but I would ask that she remain under the rule at this time.
JUDGE EVERETT: Very well.
MS. CAPPLEMAN: She's free to go about her business.
JUDGE EVERETT: You are not to discuss your testimony with any other person who will be testifying in this trial.
Mr. Lauro, will you need to be heard any further, sir?
MR. LAURO: No, Your Honor.
JUDGE EVERETT: Have a good day.
MR. LAURO: Thank you. You too, sir.