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Donna Adelson transcript transcript Drina Bernhardt — Direct/Cross/Redirect - Day 6 - Donna Adelson Jailhouse informant Drina Bernhardt testifies that Donna Adelson wrote a fabricated script in her notebook directing her to deliver false testimony about cooperating witness Katherine Magbanua, and promised cash, gifts, and a physician contact in exchange. Cross-examination targets Bernhardt's probation violation, her December 2024 cooperation meeting with prosecutors, and her February 2025 jail release as evidence of self-interest. Redirect establishes she held no current plea offer and had no prior knowledge of the story Adelson wrote. Georgia CapplemanJoshua D. ZelmanStephen EverettDrina BernhardtMs. CapplemanJudge EverettDrina BernhardtMr. Zelmandirectcrossredirect
Donna Adelson / Day 6 / August 29, 2025
8 pages · 6 witnesses · 3,147 lines
Jailhouse informant Drina Bernhardt testifies that Donna Adelson wrote a fabricated script in her notebook directing her to deliver false testimony about cooperating witness Katherine Magbanua, and promised cash, gifts, and a physician contact in exchange. Cross-examination targets Bernhardt's probation violation, her December 2024 cooperation meeting with prosecutors, and her February 2025 jail release as evidence of self-interest. Redirect establishes she held no current plea offer and had no prior knowledge of the story Adelson wrote.
Proceedings
Direct Drina Bernhardt - Direct Line 1
Cross Drina Bernhardt - Cross Line 208
Redirect Drina Bernhardt - Redirect Line 343
1 5:47:06

MS. CAPPLEMAN: State calls Drina Bernhardt.

2 5:47:37

JUDGE EVERETT: Please raise your right hand, Ms. Bernhardt.

3 5:47:40

JUDGE EVERETT: Do you swear or affirm the testimony you're about to give will be the truth?

4 5:47:44

DRINA BERNHARDT: Yes, sir.

5 5:47:45

JUDGE EVERETT: You can take your seat. Please speak loudly and clearly. You can adjust the microphone if you need to.

6 5:47:50
7 5:47:51

MS. CAPPLEMAN: Please say your name and spell your name.

8 5:47:51

DRINA BERNHARDT: Drina Bernhardt. D-R-I-N-A. B-E-R-N-H-A-R-D-T.

9 5:47:57

MS. CAPPLEMAN: Ms. Bernhardt, are you currently incarcerated in the Leon County Jail?

10 5:48:01

DRINA BERNHARDT: Yes, ma'am.

11 5:48:01

MS. CAPPLEMAN: All right. And are you currently on two different felony cases?

12 5:48:06

DRINA BERNHARDT: Yes, ma'am.

13 5:48:06

MS. CAPPLEMAN: Okay. On the first case I want to ask you about — is the VOP, or violation of probation, case, is that one of your open cases? And is that a second-degree felony punishable by up to 15 years in prison?

14 5:48:20

DRINA BERNHARDT: Yes, it is.

15 5:48:21

MS. CAPPLEMAN: Okay. And then also a second, third-degree felony is also pending, punishable by up to an additional five years. Is that right?

16 5:48:28
17 5:48:29

MS. CAPPLEMAN: And are both of those cases totally unrelated to the murder case that we're here about in this courtroom?

18 5:48:34

DRINA BERNHARDT: Yes, ma'am.

19 5:48:36

MS. CAPPLEMAN: Okay. And, um, I want to ask if you've been promised anything by myself or any member of my team in exchange for your testimony here today.

20 5:48:47

DRINA BERNHARDT: No, ma'am.

21 5:48:48

MS. CAPPLEMAN: So any leniency or any help with your case, anything like that?

22 5:48:52
23 5:48:53

MS. CAPPLEMAN: Okay. Has anyone promised you anything?

24 5:48:56
25 5:48:58

MS. CAPPLEMAN: Okay. Is this your first stint in the Leon County Jail?

26 5:49:01

DRINA BERNHARDT: No, it's not.

27 5:49:02

MS. CAPPLEMAN: Have you been in and out of jail quite a few times?

28 5:49:05
29 5:49:05

MS. CAPPLEMAN: Do you have 27 prior convictions involving either felonies or crimes of dishonesty?

30 5:49:11

DRINA BERNHARDT: Yes, ma'am.

31 5:49:12

MS. CAPPLEMAN: Were you recently incarcerated in the Leon County Jail with Donna Adelson?

32 5:49:16

DRINA BERNHARDT: Yes, I was.

33 5:49:17

MS. CAPPLEMAN: And did you become friendly with her during the time that y'all were both in the jail together?

34 5:49:22
35 5:49:23

MS. CAPPLEMAN: How long were you together in the jail?

36 5:49:26

DRINA BERNHARDT: I can't remember exactly. Maybe around four months.

37 5:49:30

MS. CAPPLEMAN: Were you in the same pod that whole four months?

38 5:49:33
39 5:49:33

MS. CAPPLEMAN: Yes. And when you're in the pod together in jail, is it easier to become friendly than it is on the outside?

40 5:49:43
41 5:49:43

MS. CAPPLEMAN: Why is that?

42 5:49:44

DRINA BERNHARDT: We work together 24/7, so.

43 5:49:48

MS. CAPPLEMAN: All right. Can you describe your friendship with Mrs. Adelson?

44 5:49:51

DRINA BERNHARDT: Yes. Initially, it was very nice. She actually called me her jail daughter, and she and I got close. How much more detail do you want?

45 5:50:06

MS. CAPPLEMAN: Well, by close, did you talk to each other about personal things, like your life?

46 5:50:11
47 5:50:12

MS. CAPPLEMAN: Okay. And did she have a nickname for you besides her jail daughter?

48 5:50:17

DRINA BERNHARDT: Yes — Sunshine.

49 5:50:18

MS. CAPPLEMAN: Did she make paint pictures for you and write notes to you and things like that?

50 5:50:26

DRINA BERNHARDT: Yes, ma'am.

51 5:50:27

MS. CAPPLEMAN: Approach and show you what I've marked as State's Exhibit 61 — letters that she wrote to you?

52 5:50:36

DRINA BERNHARDT: Yes, ma'am.

53 5:50:37

MS. CAPPLEMAN: Judge, ask to move into evidence State 61.

54 5:50:40

JUDGE EVERETT: There you are. State 61 is in.

55 5:50:40

MS. CAPPLEMAN: Thank you. Permission to publish, sir.

56 5:50:54

MS. CAPPLEMAN: Is this her initials down here?

57 5:50:57

DRINA BERNHARDT: Yes, ma'am.

58 5:50:57

MS. CAPPLEMAN: And on the back, is that a little note to you?

59 5:51:02

DRINA BERNHARDT: Yes, it is.

60 5:51:06

MS. CAPPLEMAN: "Dear Drina, I hope your life will be filled with love, joy, and flowers. You deserve only the best because you are the best. Love, Donna." Is that what she wrote?

61 5:51:15
62 5:51:17

MS. CAPPLEMAN: And did you return this type of favor and make little art and things for her as well?

63 5:51:25

DRINA BERNHARDT: Probably, yes.

64 5:51:31

MS. CAPPLEMAN: Did she ever talk to you about her grandchildren?

65 5:51:33

DRINA BERNHARDT: Yes, she did.

66 5:51:35

MS. CAPPLEMAN: And did she tell you anything about the type of relationship that she had specifically with the children of the deceased in this case?

67 5:51:44

DRINA BERNHARDT: Yes. She said she was very close with them, and every now and then she would call them her children.

68 5:51:48

MS. CAPPLEMAN: Okay. And I want to ask you about whether Mrs. Adelson, during the time that y'all were friendly, ever discussed her case with you.

69 5:51:59
70 5:52:00

MS. CAPPLEMAN: Okay. And was her bringing up her case something that she did a lot, or was it only one time?

71 5:52:07

DRINA BERNHARDT: It was often.

72 5:52:08

MS. CAPPLEMAN: Okay. So it was something that she was talking about daily?

73 5:52:12
74 5:52:13

MS. CAPPLEMAN: Okay. And was it a bunch of different aspects of her case she would talk about, or only one thing?

75 5:52:19

DRINA BERNHARDT: It was different aspects.

76 5:52:19

MS. CAPPLEMAN: At some point, did you end up reaching out to law enforcement to report some of the things that she had been saying to you about her case?

77 5:52:19

DRINA BERNHARDT: Yes, I did.

78 5:52:19

MS. CAPPLEMAN: And why did you do that?

79 5:52:19

DRINA BERNHARDT: Well, initially I did it for selfish reasons, but the more time I spent with Donna, I realized that it was morally correct, and I wanted to get justice for the Markel family.

80 5:52:19

MS. CAPPLEMAN: Okay. So you felt it was the right thing to do, but you were also hoping to get something out of it?

81 5:52:21
82 5:52:21

MS. CAPPLEMAN: And what kind of thing were you hoping to get out of it?

83 5:52:21

DRINA BERNHARDT: Um, just help — lighter sentence, maybe rehab.

84 5:52:21

MS. CAPPLEMAN: Okay. And are you still hoping that that might be the outcome for you?

85 5:53:01

DRINA BERNHARDT: Maybe, but right now I'm more interested in justice for the Markel family.

86 5:53:07

MS. CAPPLEMAN: Did Donna Adelson ever talk to you when she was talking about her case? Did she ever mention any concerns about the testimony of her son, Rob Adelson?

87 5:53:17

DRINA BERNHARDT: She did. She said she was extremely worried about his testimony.

88 5:53:21

MS. CAPPLEMAN: Okay. So that was something that she brought up often, or only one time?

89 5:53:24

DRINA BERNHARDT: A few times.

90 5:53:25

MS. CAPPLEMAN: Okay. Okay. Did she ever mention to you a state witness by the name of Catherine Magbanua?

91 5:53:31
92 5:53:32

MS. CAPPLEMAN: And was Ms. Magbanua somebody that was known to you?

93 5:53:36

DRINA BERNHARDT: Yes. I knew Ms. Magbanua from being locked up with her years before.

94 5:53:41

MS. CAPPLEMAN: And how did she first bring up Magbanua to you, or did you bring Magbanua up to her?

95 5:53:47

DRINA BERNHARDT: I can't remember exactly how it was brought up. I just know that it was brought to her attention.

96 5:53:53

MS. CAPPLEMAN: Brought to her attention that you knew Magbanua?

97 5:53:56
98 5:53:57

MS. CAPPLEMAN: Okay. And at some point, did the defendant try to recruit you to become a witness for her in this case?

99 5:54:04
100 5:54:05

MS. CAPPLEMAN: How did she first approach you about that?

101 5:54:07

DRINA BERNHARDT: She asked me if I would be willing to do it, and I said yes.

102 5:54:14

MS. CAPPLEMAN: Okay. And was this topic discussed one time or more than one time?

103 5:54:20

DRINA BERNHARDT: More than once.

104 5:54:21

MS. CAPPLEMAN: How many times can you estimate?

105 5:54:24

DRINA BERNHARDT: A lot. A lot, yes.

106 5:54:27

MS. CAPPLEMAN: And what is it that she wanted you to testify about?

107 5:54:32

DRINA BERNHARDT: She wanted me to testify about numerous different things about Kay — mostly about Ms. Magbanua.

108 5:54:40

MS. CAPPLEMAN: And Ms. Magbanua, you knew her by the nickname Kay?

109 5:54:43
110 5:54:44

MS. CAPPLEMAN: Okay. And so she had some things she wanted you to say about Kay.

111 5:54:49

DRINA BERNHARDT: Correct.

112 5:54:49

MS. CAPPLEMAN: At some point, did she prepare a script for you of exactly what she wanted you to testify to?

113 5:54:54

DRINA BERNHARDT: She did.

114 5:54:55

MS. CAPPLEMAN: I'm going to approach and show you what I've marked as State's Exhibit 62.

115 5:55:10

MS. CAPPLEMAN: Do you recognize State's 62?

116 5:55:12
117 5:55:12

MS. CAPPLEMAN: Is this the script that was prepared for you by Ms. Adelson?

118 5:55:16

DRINA BERNHARDT: Yes, ma'am, it is.

119 5:55:16

MS. CAPPLEMAN: Okay. Move into evidence State's 62.

120 5:55:20

JUDGE EVERETT: Any objection?

121 5:55:21

MR. ZELMAN: No objection.

122 5:55:22

JUDGE EVERETT: State's 62 is in.

123 5:55:24

MS. CAPPLEMAN: And publish?

124 5:55:25

JUDGE EVERETT: You're back.

125 5:55:38

MS. CAPPLEMAN: Whose notebook is this?

126 5:55:40

DRINA BERNHARDT: That's mine.

127 5:55:44

MS. CAPPLEMAN: Whose handwriting is this on this first page?

128 5:55:48

DRINA BERNHARDT: That's Donna's. Ms. Adelson.

129 5:55:50

MS. CAPPLEMAN: Okay. So she wrote this in your notebook?

130 5:55:53

DRINA BERNHARDT: Yes, ma'am.

131 5:55:54

MS. CAPPLEMAN: And what is it you're supposed to do with this information?

132 5:55:58

DRINA BERNHARDT: I was supposed to study it and answer it correctly on the stand for her.

133 5:56:07

MS. CAPPLEMAN: So this is what she wanted you to say in court?

134 5:56:10

DRINA BERNHARDT: Yes, ma'am.

135 5:56:11

MS. CAPPLEMAN: So, for example: "How did you know Donna Adelson?" You were supposed to say, "Everyone knew her. She's been on the news. I've seen and heard about this on TV shows and read it in the newspaper over the years." Correct?

136 5:56:23

DRINA BERNHARDT: Correct.

137 5:56:23

MS. CAPPLEMAN: Do you read the newspaper?

138 5:56:25
139 5:56:26

MS. CAPPLEMAN: Okay. Did you know much about her or her case prior to coming in contact with her in the Leon County Jail?

140 5:56:32

DRINA BERNHARDT: No, ma'am.

141 5:56:35

MS. CAPPLEMAN: And what were you supposed to do with this physical script?

142 5:56:39

DRINA BERNHARDT: I was supposed to copy it down and give it back to her.

143 5:56:43

MS. CAPPLEMAN: Okay. Copy it into your own handwriting?

144 5:56:45

DRINA BERNHARDT: Yes, ma'am.

145 5:56:48

MS. CAPPLEMAN: Okay. And is this — did you provide this item to my office?

146 5:56:54

DRINA BERNHARDT: Yes, ma'am.

147 5:56:55

MS. CAPPLEMAN: And was it copied and returned to you?

148 5:56:57

DRINA BERNHARDT: Yes, ma'am.

149 5:56:57

MS. CAPPLEMAN: What did you do with it once you returned with the original to Leon County Jail?

150 5:57:02

DRINA BERNHARDT: Returned it to her.

151 5:57:20

MS. CAPPLEMAN: I'm going to go down a paragraph here. It says that you approached Mrs. Adelson and told her you had information about Kay that you wanted to give her. Is that true?

152 5:57:30
153 5:57:31

MS. CAPPLEMAN: This says that Kay told you that she told Charlie on the night of the murder that some friends of hers went to Tallahassee and killed him.

154 5:57:46

MS. CAPPLEMAN: Did Kay ever tell you that?

155 5:57:48

DRINA BERNHARDT: No, ma'am.

156 5:57:49

MS. CAPPLEMAN: Okay. She asked him to give her the one-third of a million dollars that he was going to pay his sister to, so that she could relocate with her children to Miami.

157 5:58:00

MS. CAPPLEMAN: "He went crazy on her. He said that that was going to be an offer to his brother-in-law not to kill him."

158 5:58:10

MS. CAPPLEMAN: Did Kay ever say any of that to you?

159 5:58:12

DRINA BERNHARDT: No, ma'am.

160 5:58:13

MS. CAPPLEMAN: And then over here, she convinced him that the murderers think a woman is paying for this. They don't know Charlie.

161 5:58:34

MS. CAPPLEMAN: "She told him she wouldn't tell her friends who he is. She can keep him safe." So she was, according to this story, extorting money out of Charlie, but he didn't know it. He thought she was his friend, but really she was his enemy. Is that the deal?

162 5:58:53

DRINA BERNHARDT: Yes, I suppose that's what it's supposed to be.

163 5:58:56

MS. CAPPLEMAN: And did Kay — Catherine Magbanua — ever say any of that to you?

164 5:59:01
165 5:59:02

MS. CAPPLEMAN: Do you know — are you familiar at all with Charlie Adelson's trial or his trial testimony?

166 5:59:09
167 5:59:21

MS. CAPPLEMAN: There's a part on here that says "Here, she laughed about how easy it was to extort" — and "extort" is underlined. Did you underline that, or did Mrs. Adelson underline that?

168 5:59:41

DRINA BERNHARDT: I didn't underline it.

169 5:59:44

MS. CAPPLEMAN: Okay. "How easy it was to extort him for the money. He wouldn't have to take her out to a fancy dinner. She could buy plenty of fancy dinners with the one-third of a million dollars."

170 5:59:54

MS. CAPPLEMAN: "She said she fooled her baby daddy, and she fooled Charlie."

171 5:59:59

MS. CAPPLEMAN: "Sigfredo would do anything for her, and he did."

172 6:00:02

MS. CAPPLEMAN: All right. So again, sorry to keep asking the same question, but did Kay say any of this?

173 6:00:09
174 6:00:09

MS. CAPPLEMAN: Okay. "Charlie was scared and easy to extort. What a stupid fool. He believed her that she was keeping him safe from the killers. Ha ha. What a joke."

175 6:00:24

MS. CAPPLEMAN: Is that the type -- is that the type of language that Catherine Magbanua would use?

176 6:00:33
177 6:00:33

MS. CAPPLEMAN: Do you know her well enough to tell this jury that she wouldn't say something like, you know, "What a stupid fool, ha ha, what a joke"?

178 6:00:33

DRINA BERNHARDT: Yeah, she wouldn't talk like that.

179 6:00:51

MS. CAPPLEMAN: That's what Mrs. Adelson wanted you to come in and tell this jury?

180 6:00:54

DRINA BERNHARDT: Yes, ma'am.

181 6:00:57

MS. CAPPLEMAN: Did she give you anything or promise you anything in exchange for reciting this script?

182 6:01:04

DRINA BERNHARDT: Well, when I was in jail, I received packages and phone calls, and I was promised things as well.

183 6:01:10

MS. CAPPLEMAN: What type of packages?

184 6:01:12

DRINA BERNHARDT: Packages are, in jail, just like a bunch of basically gas station food, but it's exciting when you're in jail.

185 6:01:19

MS. CAPPLEMAN: Okay, and what about phone calls? What do you mean by that?

186 6:01:21

DRINA BERNHARDT: The phone calls are very expensive from jail, so she would let me use her phone to call my mother and other people.

187 6:01:29

MS. CAPPLEMAN: Okay, and you said she promised you other things in the future. What other types of things?

188 6:01:33

DRINA BERNHARDT: $10,000, a grand piano.

189 6:01:36

MS. CAPPLEMAN: What else?

190 6:01:42

DRINA BERNHARDT: She promised me cameras, but none of that came to fruition.

191 6:01:49

MS. CAPPLEMAN: No. Okay, and what about pills? Did she mention anything to you about pills?

192 6:01:55

DRINA BERNHARDT: Yes, that if I needed pills, that I could call a doctor named — I think Obed. I think that's his name.

193 6:02:06

MS. CAPPLEMAN: Okay, and that person would write you some prescriptions?

194 6:02:09

DRINA BERNHARDT: Yes, ma'am.

195 6:02:10

MS. CAPPLEMAN: And why would you be in need of prescription?

196 6:02:13

DRINA BERNHARDT: I'm a recovering drug addict.

197 6:02:17

MS. CAPPLEMAN: Did she tell you that if you were to be released that you could make these phone calls, including this phone call to Dr. Obed?

198 6:02:28
199 6:02:28

MS. CAPPLEMAN: Okay, and how were you gonna get these other items, like the $10,000?

200 6:02:34

DRINA BERNHARDT: The money would be through something called Zelle.

201 6:02:38

MS. CAPPLEMAN: Okay, and who is going to send the money through?

202 6:02:40

DRINA BERNHARDT: So Harvey — that's her husband, Harvey Adelson.

203 6:02:44

MS. CAPPLEMAN: Yes. And how are you supposed to contact Harvey Adelson?

204 6:02:47

DRINA BERNHARDT: Through a phone app called Signal.

205 6:02:50

MS. CAPPLEMAN: Okay. Had you ever heard of the phone app Signal before?

206 6:02:54

DRINA BERNHARDT: No, ma'am.

207 6:02:55

MS. CAPPLEMAN: No further questions at this time, Judge.

208 6:03:02

JUDGE EVERETT: Cross-examination.

209 6:03:03

MR. ZELMAN: Yes, Your Honor. Just a moment.

210 6:04:14

JUDGE EVERETT: Before the cross, please approach.

211 6:05:14

MR. ZELMAN: Good afternoon.

212 6:05:20

DRINA BERNHARDT: Good afternoon.

213 6:05:26

MR. ZELMAN: You testified that you haven't been promised anything, correct?

214 6:05:28

DRINA BERNHARDT: Yes, sir.

215 6:05:28

MR. ZELMAN: Isn't it true that you were released from jail on February 11th, 2025, as a result of your cooperation in this matter?

216 6:05:39

DRINA BERNHARDT: I don't know if it was a result of my cooperation, but yes, that's when I was released.

217 6:05:43

MR. ZELMAN: Okay. And so you met with law enforcement — in fact, you sent a letter to a Detective Turner in December of 2024, correct?

218 6:05:59

DRINA BERNHARDT: Correct.

219 6:05:59

MR. ZELMAN: And you said that you had information about Donna Adelson, correct?

220 6:06:03

DRINA BERNHARDT: Correct.

221 6:06:04

MR. ZELMAN: And that you cooperated in the past and you wanted to do it again, correct?

222 6:06:15

DRINA BERNHARDT: Correct.

223 6:06:15

MR. ZELMAN: And then as a result of that, on December 18th, Detective Turner came and met with you, correct?

224 6:06:24

DRINA BERNHARDT: Correct.

225 6:06:24

MR. ZELMAN: And you spoke with him about this matter?

226 6:06:25

DRINA BERNHARDT: Yes, sir.

227 6:06:25

MR. ZELMAN: And then on December 20th, you were taken up to the State Attorney's Office to meet with the State Attorney's Office, correct?

228 6:06:25

DRINA BERNHARDT: Yes, sir.

229 6:06:25

MR. ZELMAN: Okay. And then as a result of that conversation, on February 11th, you were released?

230 6:06:25

DRINA BERNHARDT: Oh, if that's how it works. Okay.

231 6:06:25

MR. ZELMAN: Now, I want to back up a little bit. You'd met — prior to being re-arrested in September of 2024 — you knew Patricia Byrd, correct?

232 6:06:27

DRINA BERNHARDT: Correct.

233 6:06:27

MR. ZELMAN: Were you guys friends on the outside?

234 6:06:27

DRINA BERNHARDT: No, just on the inside.

235 6:06:27

MR. ZELMAN: Yes, sir. But you've been friendly before?

236 6:06:27

DRINA BERNHARDT: Friendly, I suppose, for jail. And —

237 6:07:15

MR. ZELMAN: When you first met with law enforcement, or the State Attorney's Office, on December 20th of 2024, towards the end of that conversation, you said to them, "Did I do a good job?" Isn't that true?

238 6:07:29

DRINA BERNHARDT: Yes, it is.

239 6:07:35

MR. ZELMAN: Now, when you first met with them on that day, the offer that you'd had at that point was five to six years in prison, correct?

240 6:07:42

DRINA BERNHARDT: Yes, sir.

241 6:07:43

MR. ZELMAN: Okay. Now I want to back up a little bit.

242 6:07:46

MR. ZELMAN: You — know, that violation of probation, you originally — were put on that probation September 1st of 2023, correct?

243 6:08:06

DRINA BERNHARDT: Correct.

244 6:08:07

MR. ZELMAN: Okay. And at that point in time, isn't it true that you qualified for enhanced sentencing?

245 6:08:15

DRINA BERNHARDT: If you're talking about the PRR, is that what you're talking about?

246 6:08:18

MR. ZELMAN: I'm not sure. Did you qualify as a PRR sentence?

247 6:08:22

DRINA BERNHARDT: I think it was actually past the three years.

248 6:08:27

MR. ZELMAN: Okay. I'm going to approach, and I'll have this marked for identification purposes.

249 6:08:32

MR. ZELMAN: Judgment and sentence that was rendered on September 1st of 2023.

250 6:09:17

MR. ZELMAN: Do you recognize this?

251 6:09:20

DRINA BERNHARDT: Yes, I do.

252 6:09:21

MR. ZELMAN: And it indicates that you qualify for PRR sentencing.

253 6:09:25

MR. ZELMAN: But the State is waiving it at that time, correct?

254 6:09:28

DRINA BERNHARDT: Okay. Yes, it does say that.

255 6:09:30

MR. ZELMAN: And so this is a judgment and sentence — or conviction — for one count of burglary of an occupied dwelling, and one count of burglary of a dwelling, two counts of burglary of a conveyance. Is that correct?

256 6:09:44

DRINA BERNHARDT: Yes, sir.

257 6:09:45

MR. ZELMAN: Okay. And PRR sentencing means that when you commit a qualifying offense within three years of your release from prison, the court has to sentence you to the maximum sentence day for day unless you have a plea agreement that says otherwise, correct?

258 6:10:03

DRINA BERNHARDT: Yes, sir.

259 6:10:03

MR. ZELMAN: Okay. So that would mean that this sentence — in essence, the court would have to sentence you to 15 years, day for day in prison, correct?

260 6:10:13

DRINA BERNHARDT: If I went to trial, yes, sir.

261 6:10:15

MR. ZELMAN: If you didn't have this plea agreement?

262 6:10:17

DRINA BERNHARDT: Yes, sir.

263 6:10:18

MR. ZELMAN: But you did have this plea agreement?

264 6:10:19
265 6:10:20

MR. ZELMAN: And you were put on probation?

266 6:10:21

DRINA BERNHARDT: Yes, sir.

267 6:10:23

MR. ZELMAN: Now, it specifically says, if you violate probation, they can reimpose the prison releasee reoffender sentence.

268 6:10:33

MR. ZELMAN: Is that correct?

269 6:10:34
270 6:10:37

MR. ZELMAN: Unfortunately, you did violate that probation, didn't you?

271 6:10:40
272 6:10:43

MR. ZELMAN: Okay. And on June 18th of 2024, your probation officer signed an affidavit of violation because you started using again, correct?

273 6:10:58

DRINA BERNHARDT: Yes, sir.

274 6:11:02

MR. ZELMAN: You were re-arrested. You didn't go back to prison, did you?

275 6:11:05
276 6:11:06

MR. ZELMAN: You got a chance for more treatment, didn't you?

277 6:11:09
278 6:11:09

MR. ZELMAN: Now, originally, in that 2023 sentence, you did an inpatient program.

279 6:11:13

DRINA BERNHARDT: Yes, at Sisters in Sobriety.

280 6:11:15

MR. ZELMAN: And you completed that.

281 6:11:16
282 6:11:18

MR. ZELMAN: Here, when you were reinstated in July of 2024, you were stepped down to outpatient, correct?

283 6:11:27

DRINA BERNHARDT: Yes, sir.

284 6:11:30

MR. ZELMAN: You didn't report to probation, did you?

285 6:11:32
286 6:11:32

MR. ZELMAN: You started using again.

287 6:11:34
288 6:11:52

MR. ZELMAN: And you strung your probation officer along, lying to them. You did not make yourself available for supervision?

289 6:11:54

DRINA BERNHARDT: No, I didn't.

290 6:11:55

MR. ZELMAN: You didn't follow instructions?

291 6:11:58

DRINA BERNHARDT: I just didn't go.

292 6:12:00

MR. ZELMAN: And you also didn't test?

293 6:12:02

DRINA BERNHARDT: I didn't go.

294 6:12:02

MR. ZELMAN: Correct. And so then you were re-arrested not just for the violation of probation, but also for a new felony charge, correct? What's the new felony charge?

295 6:12:02

DRINA BERNHARDT: Burglary of a conveyance.

296 6:12:25

MR. ZELMAN: Okay. Yes, correct. And so in September of 2024, when you were re-arrested for violating probation and the new burglary charge, at that point in time you were facing 15 years mandatory day-for-day sentencing unless you can reach an agreement with the State.

297 6:12:43

DRINA BERNHARDT: Correct.

298 6:12:44

MR. ZELMAN: And then you meet Donna Adelson.

299 6:12:46

DRINA BERNHARDT: Correct.

300 6:12:47

MR. ZELMAN: Your get-out-of-jail-free card.

301 6:12:49

MR. ZELMAN: And you befriended her.

302 6:12:57

DRINA BERNHARDT: We became friends, yes.

303 6:12:59

MR. ZELMAN: And you would ask her questions about her case.

304 6:13:03

DRINA BERNHARDT: No, I didn't ask her questions about her case. She offered it to me, and I would listen to her.

305 6:13:09

MR. ZELMAN: So it's your testimony here today that you did not ask her questions?

306 6:13:14

DRINA BERNHARDT: I can't remember. Remember, I may have asked her one or two, and we were locked up for a long time, but I didn't go to her constantly and ask her questions.

307 6:13:21

MR. ZELMAN: Now, just a moment.

308 6:13:58

JUDGE EVERETT: Please make sure it's sufficiently clear as it relates to matters that have been ruled above.

309 6:14:03

MR. ZELMAN: Yes, sir, and that's exactly what I'm having ensured done.

310 6:14:09

MR. ZELMAN: Okay. So if you didn't reach an agreement with the State, the court would have to sentence you to 15 years day for day.

311 6:14:09

DRINA BERNHARDT: If I went to trial and was found guilty, yes.

312 6:14:09

MR. ZELMAN: So your understanding is, if you went to trial, you would face 15 years day for day?

313 6:14:09
314 6:14:09

MR. ZELMAN: So we're talking about a violation of probation. You go to a VOP hearing. You've already testified that you started using again?

315 6:14:10
316 6:14:10

MR. ZELMAN: You didn't show up for probation, correct?

317 6:14:10

DRINA BERNHARDT: Correct.

318 6:14:10

MR. ZELMAN: Okay. So if you went to court without an agreement, you would have to be sentenced to 15 years. Is that correct?

319 6:14:10
320 6:15:06

MR. ZELMAN: Now, isn't it true that when you went to meet with law enforcement on December 20th of 2024, you made sure a couple days prior to this to sit down in a location in the pod and engage in a lengthy conversation with Donna Adelson, correct?

321 6:15:27

DRINA BERNHARDT: No, actually, the pod — you can see the whole pod, is visible.

322 6:15:33

MR. ZELMAN: Isn't it true that you told them that you made sure that you sat where a camera could catch you while you sat with my client going over paperwork?

323 6:15:45
324 6:15:46

MR. ZELMAN: Okay. And you wanted them to make sure that they could get video of you with my client?

325 6:16:00
326 6:16:37

MR. ZELMAN: Just a moment, Your Honor. Did you tell my client she was naive about jail?

327 6:16:39

DRINA BERNHARDT: That she was naive about jail?

328 6:16:42

MR. ZELMAN: Yes — meaning that she just wasn't aware of what went on in jail.

329 6:16:48

DRINA BERNHARDT: Yes, I may have. I don't remember.

330 6:16:51

MR. ZELMAN: Now, let's talk about that video — I believe the State's going to be introducing that a little bit later. Now, describe for the jury how it came to be that my client wrote down the script that they've introduced into evidence. How it came to be?

331 6:16:51

DRINA BERNHARDT: Yes. Donna wrote it, and she and I were supposed to go over it and practice it.

332 6:17:14

MR. ZELMAN: During that time that you were sitting there, did you write anything down?

333 6:17:19

DRINA BERNHARDT: I may have colored or written something, but I honestly don't remember.

334 6:17:26

MR. ZELMAN: Did you take things out of the notebook that you'd already written and show them to her?

335 6:17:32

DRINA BERNHARDT: Probably. Maybe. I don't know. I honestly don't remember. It's been a while.

336 6:17:36

MR. ZELMAN: So you don't remember telling her what to write?

337 6:17:38

DRINA BERNHARDT: No. I didn't tell her what to write.

338 6:17:41

MR. ZELMAN: Your testimony here today is that you never told her what to write?

339 6:17:45
340 6:17:46

MR. ZELMAN: That's the one thing you are sure about here today.

341 6:17:51

MR. ZELMAN: Just a moment, Your Honor.

342 6:17:58

MR. ZELMAN: Nothing further.

343 6:18:01

JUDGE EVERETT: Redirect examination.

344 6:18:03

MS. CAPPLEMAN: Are you advised to say anything other than the truth here today?

345 6:18:11
346 6:18:11

MS. CAPPLEMAN: You have a lawyer that's representing you on your criminal cases, right?

347 6:18:15

DRINA BERNHARDT: Yes, ma'am.

348 6:18:16

MS. CAPPLEMAN: And he's working with the prosecutor on that case, not me, right?

349 6:18:19

DRINA BERNHARDT: Yes, ma'am.

350 6:18:20

MS. CAPPLEMAN: To try to get you some kind of deal, not 15 years maximum penalty, right?

351 6:18:24

DRINA BERNHARDT: Yes, ma'am.

352 6:18:24

MS. CAPPLEMAN: Okay. And before your most recent release, you had a five-year plea offer at some point?

353 6:18:32

DRINA BERNHARDT: Yes, ma'am.

354 6:18:32

MS. CAPPLEMAN: Okay, and as we sit here today, do you have a plea offer?

355 6:18:36
356 6:18:36

MS. CAPPLEMAN: Okay, so you're waiting to get a new plea offer.

357 6:18:39

DRINA BERNHARDT: Yes, ma'am.

358 6:18:40

MS. CAPPLEMAN: From somebody not me.

359 6:18:41

DRINA BERNHARDT: Correct.

360 6:18:42

MS. CAPPLEMAN: Hoping that maybe it will be better than what it would otherwise be based on this information.

361 6:18:48

DRINA BERNHARDT: Yes, ma'am.

362 6:18:48

MS. CAPPLEMAN: Okay, but you had already provided that script to us before this most recent release and this most recent violation, and now you're gonna have to deal with accountability for that, right?

363 6:18:59

DRINA BERNHARDT: Yes, ma'am.

364 6:19:00

MS. CAPPLEMAN: Okay. And that script — it was suggested, like, oh, you told her what to write. Did you even know any of that story to tell her?

365 6:19:10

DRINA BERNHARDT: No, ma'am.

366 6:19:13

MS. CAPPLEMAN: No further questions.

367 6:19:15

JUDGE EVERETT: You may step down. Will this witness be recalled by another party?

368 6:19:21

JUDGE EVERETT: Ms. Bernhardt, you remain under your subpoena. Do not discuss your testimony with any other person.