Day 4 - August 27, 2025

Records Testimony, Undercover Contact, And Wiretap Evidence

21Proceedings

6Pages

6Witnesses

2,716Lines

Day 4 of 9

Appearing:

Records testimony addressed 2014 travel and communications, followed by testimony on the 2016 undercover contact, wiretap recordings, and surveillance.

Full day summary

Christopher Corbitt continued his records-based account of the June and July 2014 travel and communications, then described the 2016 wiretap. On cross-examination, he agreed that cell-site mapping cannot identify a handset's precise location and that the records could not place Donna Adelson's handset at Charlie Adelson's residence on July 18. The court also ruled that the State could pursue proposed testimony as an adoptive admission if it established the required foundation. Former FBI agent Oscar Jimenez Jr. described an undercover 2016 contact with Donna Adelson, and the court admitted the flyer and recordings associated with that operation. FBI witnesses then authenticated restaurant-surveillance and wiretap-related recordings and photographs. Agent Patrick Sanford testified about the undercover contact, recordings of calls that followed it, and surveillance photographs of a later in-person meeting between Donna Adelson and Charlie Adelson; he said that meeting was not audibly recorded.

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Procedural

Day 4 Court Convenes — Jury Greeted, Corbitt Examination Resumes

28 lines

Direct

Christopher Corbitt - Direct (Continued) Christopher Corbitt Sarah Kathryn Dugan

854 lines

Cell-site analyst Christopher Corbitt traced phone, GPS, rental, and message records through the June and July 2014 trips and the aftermath of Dan Markel's killing.

1 sidebar inside this proceeding

Expert Testimony ReviewThe parties addressed expert access to other testimony and the continued sequestration of lay witnesses.

sidebar

Prior Testimony and Adoptive Admission Christopher Corbitt Sarah Kathryn Dugan

18 lines

The parties disputed whether a witness could address Charlie Adelson’s prior testimony and whether Donna Adelson’s later messages could be treated as an adoptive admission.

Procedural

Adoptive Admission Ruling — Defense Crawford and Foundation Objections Overruled

27 lines

The court allowed the State to pursue proposed testimony as an adoptive admission, preserved the defense Crawford objection, and required a supporting foundation.

Cross

Christopher Corbitt - Cross Christopher Corbitt Joshua D. Zelman

329 lines

Corbitt agreed that cell-site records cannot precisely locate a handset and could not place Donna Adelson's handset at Charlie Adelson's residence; he also explained limits in call-count and travel-timing analysis.

Redirect

Christopher Corbitt - Redirect Christopher Corbitt Sarah Kathryn Dugan

37 lines

Corbitt clarified his text-message, drive-timing, and cell-site opinions, saying his drive test matched estimated travel times and the records did not undermine his analysis.

Procedural

Recess Before Protected Witness; Camera Restriction Ordered

11 lines

sidebar

Open-Line Audio Review

10 lines

Counsel discussed giving the defense time to review original and enhanced versions of an open-line call recording and choose which version to publish.

Procedural

Recess Before Protected Witness; Camera Restriction Ordered (Resumed)

2 lines

Highlights

Christopher Corbitt - Direct (Continued)testimony highlightCorbitt traced the July rental and travel records, the communications on the morning of July 18, and the later return of Garcia's handset to the network before a call to Magbanua.Christopher Corbitt - Direct (Continued)testimony highlightCorbitt testified that route-planning estimates and the available phone-location events left time beyond the estimated driving time between the locations associated with Donna and Harvey Adelson's travel on July 18.Christopher Corbitt - Cross“It certainly has limitations as far as nothing in the analysis that I have done is meant to say exactly where a handset is. We are unable to do that.”— Christopher CorbittCorbitt directly described the central limit of his cell-site analysis.Christopher Corbitt - CrossadmissionCorbitt agreed that cell-site locations and records could not place Donna Adelson's handset at Charlie Adelson's residence on July 18, 2014, or show Donna or Harvey Adelson's handset using the same cell site as Charlie Adelson's handset at the same time.

Direct

Oscar Jimenez Jr. - Direct Oscar Jimenez Jr. Georgia Cappleman

125 lines

Former FBI agent Oscar Jimenez Jr. described an undercover contact with Donna Adelson and authenticated the flyer, recordings, and related calls admitted as State's Exhibits 83, 112, and 117.

1 sidebar inside this proceeding

Gang Portrayal Testimony LimitsThe sidebar addressed the permissible scope of testimony about the witness's gang-member portrayal during an operation.

Cross

Oscar Jimenez Jr. - Cross Oscar Jimenez Jr. Jackie L. Fulford

144 lines

Jimenez said the flyer, follow-up text, and calls were part of the undercover effort, but no $5,000 payment was made.

Redirect

Oscar Jimenez Jr. - Redirect Oscar Jimenez Jr. Georgia Cappleman

13 lines

Jimenez said Donna Adelson was alone during the undercover approach, and the defense retained the option to recall him.

Highlights

Oscar Jimenez Jr. - Directtestimony highlightJimenez described his role in the FBI undercover operation: posing as a gang member to contact Donna Adelson and prompt activity on an intercepted phone line.Oscar Jimenez Jr. - Direct“Yes. So my role in the operation was of a gang member. And what I was instructed to do was to contact and bump Donna Adelson.”— Oscar Jimenez Jr.Jimenez directly described the assigned purpose of the undercover contact.

Direct

Louis Bronstein - Direct Louis Bronstein Georgia Cappleman

78 lines

FBI agent Louis Bronstein authenticated surveillance evidence from an April 2016 restaurant meeting; the court admitted related photographs and State's Exhibit 114 without objection.

Cross Waived

Louis Bronstein - Cross (Waived) Louis Bronstein Jackie L. Fulford

5 lines

The defense waived cross-examination of Louis Bronstein, and both parties declined to recall him.

Direct

James Keith McElveen - Direct James Keith McElveen Georgia Cappleman

89 lines

Audio-forensics expert James Keith McElveen explained his enhancement method, and the court admitted enhanced recording exhibits from the Dolce vita and Matsuri restaurants.

Cross

James Keith McElveen - Cross James Keith McElveen Joshua D. Zelman

22 lines

McElveen said recent restaurant-footage work did not add an enhancement and that he had not reviewed audio from Wendi Adelson's July 18, 2014 interview.

Direct

Brian Kendall - Direct Brian Kendall Georgia Cappleman

50 lines

Brian Kendall described covertly recording Charles and Harvey Adelson at a Miami restaurant, and the court admitted State's Exhibit 131 without objection.

Cross Waived

Brian Kendall - Cross (Waived) Brian Kendall Jackie L. Fulford

6 lines

The defense waived cross-examination of Brian Kendall, who was released without recall.

sidebar

Pat Sanford Testimony Schedule Brian Kendall Jackie L. Fulford

9 lines

The court and counsel discussed starting Pat Sanford's testimony, which was not expected to finish that day.

Direct

Patrick Sanford - Direct (Part 1) Patrick Sanford Georgia Cappleman

848 lines

FBI agent Patrick Sanford described Prius corroboration, authenticated wiretap and undercover-contact evidence, and recounted the calls and surveillance that followed the contact.

1 sidebar inside this proceeding