Day 5 - August 28, 2025
Judge Everett resolved two late-disclosure issues before testimony resumed, finding an inadvertent discovery violation on an enhanced jail-call recording but no prejudicial effect. FBI Agent Patrick Sanford then completed his direct examination by presenting dozens of wiretap intercepts from April–June 2016, including Donna Adelson's own call to the FBI undercover in which she denied involvement in Dan Markel's murder, and recordings that Sanford used to describe selected post-bump communications among members of the Adelson family, Magbanua, and Garcia.
Full day summary
8:09:47 1. Patrick Sanford — Direct (Part 2)
Before the jury entered on August 28, 2025, Judge Everett conducted a Richardson inquiry into the State's disclosure of an enhanced version of a McElveen jail call and separately deferred ruling on the search-warrant photograph issue. The court found the recording nondisclosure inadvertent and non-prejudicial, allowed the defense to choose which version would be published, and cleared the courtroom for a private defense review of the recording. Agent Patrick Sanford then resumed his direct examination, with Cappleman walking through wire-operation recordings from April 20 through May 12, 2016, covering undercover contacts with Donna Adelson, a threatening letter mailed to the Adelson residence, and recorded reactions within the Adelson Institute to those contacts. Sanford testified that Donna repeatedly denied involvement and declined to pay the undercover's demand, and that the wire operation effectively ended at that point. The day closed with Sanford's direct still pending cross-examination and a redaction question about a 2014 planner page set over to the next morning.