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Donna Adelson trial-day trial-day Georgia CapplemanPatrick SanforddirectDay 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.
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Day 5 - August 28, 2025

Day 5: Richardson Hearing and Wiretap Evidence — Donna Adelson Calls FBI Undercover

Judge Stephen S. Everett
1 Proceedings
1 Pages
1 Witnesses
2,299 Lines
Day 5 of 9
Appearing:

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

Day 5 opened with a Richardson hearing outside the jury's presence. Judge Everett addressed two late-disclosure issues: an enhanced or clarified audio recording of a jail call between Donna Adelson and her son Robert — processed by audio forensics expert James McElveen and concerning their meeting at the pier — and a set of photographs taken during execution of a search warrant. As to the enhanced recording, the court formally found a discovery violation, characterized it as inadvertent given the defense's prior receipt of the original version, and found no prejudicial effect; the state agreed to let the defense choose which version would be published to the jury. The search-warrant photograph issue was deferred so defense counsel could review the materials privately with Donna Adelson; the courtroom and recording equipment were cleared for that review before the jury was seated. Patrick Sanford then continued his direct examination, presenting wiretap intercepts spanning April 20 through May 12, 2016. Sanford testified that investigators had publicly released only that they were looking for a green Prius; the State then highlighted a rental-car reference in a recorded conversation. The bump letter (State's 84), sent to the Adelson ICON condo and referencing "Toto," was admitted and read. The testimony and recordings followed several undercover contacts and the resulting calls among Charlie Adelson, Donna Adelson, Katherine Magbanua, and office staff. Donna returned an undercover caller's demand for $5,000, repeatedly denied knowledge or involvement, directed him toward the police reward, and did not agree to pay; Sanford said she did not contact police afterward. When investigators later served the Adelson Institute with a subpoena for Magbanua's employment records, an employee called Charlie. He initially told her not to speak, then immediately said she could speak to investigators and explained that the office belonged to his father and he could not provide its records. Sanford testified that the Institute produced only a list of checks already known to investigators, that surveillance had not shown Magbanua physically working there, and that she later said she did nothing to earn the checks. The day closed with a brief scheduling matter: defense counsel noted the prosecution had provided a one-page excerpt from Donna Adelson's 2014 planner with proposed redactions, requiring a conference before court resumed. The judge set the following morning's schedule accordingly.

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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.

Procedural
Richardson Hearing — McElveen Enhanced Recording & Search Warrant Photos

Judge Everett conducted a Richardson inquiry into the State's late disclosure of an enhanced version of a recorded jail call, found the violation inadvertent and non-prejudicial, and deferred a second inquiry about search warrant photographs to the following morning.

Direct
Patrick Sanford Georgia Cappleman
2252 lines

FBI Special Agent Patrick Sanford continues walking the jury through wiretap recordings from late April through mid-May 2016, covering the Adelson family's response to a series of anonymous 'bump' contacts, a recorded call in which Donna Adelson personally speaks with the undercover contact, and a later FBI subpoena visit to the Adelson Institute.

Procedural
End-of-Day Recess — 2014 Planner Redaction Discussion Pending

Judge sets the morning schedule and defense flags a pending redaction discussion with prosecution over a one-page excerpt from Donna Adelson's 2014 planner.

Highlights

Richardson Hearing — McElveen Enhanced Recording & Search Warrant Photos procedural action Defense counsel raised that essentially no photographs existed from the search warrant execution, said photographing is standard operating procedure, and asked for time to review before addressing Richardson issues the next morning. Richardson Hearing — McElveen Enhanced Recording & Search Warrant Photos procedural action The court framed the Richardson inquiry on the recording, citing Florida Supreme Court and DCA precedent and Landry v. State, and confirmed with counsel that the enhanced version of McElveen's work had not been provided. Richardson Hearing — McElveen Enhanced Recording & Search Warrant Photos “So only in the pre-trial conference with Mr. McElveen did he bring to my attention that we did do a clarification effort of this jail call.” — Georgia Cappleman Cappleman's account of when the State learned that a clarification effort had been made on the jail call and why it produced the result late. Patrick Sanford - Direct (Part 2) evidence event The threatening 'bump' letter mailed to the Adelson residence, referencing 'Toto,' is admitted and read into the record. Patrick Sanford - Direct (Part 2) “Yes. It says, "My phone is not ringing, so you don't care about Toto and what he did for you. He knows he is fucked, and soon so will you all."” — Patrick Sanford Sanford reads the contents of the letter mailed to the Adelson residence as part of the undercover pretext operation. Patrick Sanford - Direct (Part 2) evidence event Donna Adelson returns the undercover contact's call and denies knowing his associate or having involvement. The undercover repeatedly demands $5,000; Donna asks whether that is what he wants but directs him toward the police reward and does not agree to pay. Patrick Sanford - Direct (Part 2) evidence event During an FBI subpoena visit to the Adelson Institute for Katherine Magbanua's employment records, an employee's call to Charlie Adelson is captured on the wire; Sanford confirms no evidence was found that Magbanua worked there and that she later admitted she did not do anything to earn the checks she received.
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