5.Drina Bernhardt — Direct/Cross/Redirect
402 linesMS. CAPPLEMAN: State calls Drina Bernhardt.
JUDGE EVERETT: Please raise your right hand, Ms. Bernhardt.
whereupon, DRINA BERNHARDT was called as a witness, having been first duly sworn, was examined and testified as follows:
DRINA BERNHARDT: Yes, sir.
JUDGE EVERETT: You can take your seat. Please speak loudly and clearly. You can adjust the microphone if you need to.
DIRECT EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Ma'am, please say your name and spell your name.
DRINA BERNHARDT: Drina Bernhardt; D-r-i-n-a, B-e-r-n-h-a-r-d-t.
MS. CAPPLEMAN: Ms. Bernhardt, are you currently incarcerated in the Leon County Jail?
DRINA BERNHARDT: Yes, ma'am.
MS. CAPPLEMAN: All right. And are you in currently on two different felony cases?
DRINA BERNHARDT: Yes, ma'am.
MS. CAPPLEMAN: Okay. The first case I want to ask you about is the VOP, or violation of probation case. Is that one of your open cases?
DRINA BERNHARDT: Yes, ma'am.
MS. CAPPLEMAN: And is that a second-degree felony punishable by up to 15 years in prison?
DRINA BERNHARDT: Yes, it is.
MS. CAPPLEMAN: And then also a second third-degree felony is also pending punishable by up to an additional five years; is that right?
DRINA BERNHARDT: Yes, ma'am.
MS. CAPPLEMAN: Okay. And are both of those cases totally unrelated to the murder case that we're here about in this courtroom?
DRINA BERNHARDT: Yes, ma'am.
MS. CAPPLEMAN: Okay. And 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.
DRINA BERNHARDT: No, ma'am.
MS. CAPPLEMAN: So any leniency or any help with your case, anything like that?
MS. CAPPLEMAN: Okay. Has anyone promised you anything?
MS. CAPPLEMAN: Is this your first stint in the Leon County Jail?
DRINA BERNHARDT: No, it's not.
MS. CAPPLEMAN: Have you been in and out of jail quite a few times?
DRINA BERNHARDT: I have.
MS. CAPPLEMAN: You have 27 prior convictions involving either felonies or crimes of dishonesty?
DRINA BERNHARDT: Yes, ma'am.
MS. CAPPLEMAN: Were you recently incarcerated in the Leon County Jail with Donna Adelson?
DRINA BERNHARDT: yes, I was.
MS. CAPPLEMAN: And did you become friendly with her during the time that y'all were both in the jail together?
DRINA BERNHARDT: Yes.
MS. CAPPLEMAN: How long were you together in the jail?
DRINA BERNHARDT: I can't remember exactly. Maybe around four months.
MS. CAPPLEMAN: All right. Were you in the same pod that whole four months?
DRINA BERNHARDT: Yes.
MS. CAPPLEMAN: And when you're in the pod together in jail, is it easier to become friendly than it is on the outside?
DRINA BERNHARDT: Yes.
MS. CAPPLEMAN: why is that?
DRINA BERNHARDT: we're together 24/7 so ...
MS. CAPPLEMAN: All right. Can you describe your friendship with Mrs. Adelson?
DRINA BERNHARDT: Yes. Initially, it was very nice. She actually called me her jail daughter, and she and I got close.
And how much more detail do you want?
MS. CAPPLEMAN: well, by “close,” did you talk to each other about personal things?
DRINA BERNHARDT: Yes.
MS. CAPPLEMAN: Like, your life?
DRINA BERNHARDT: Yes.
MS. CAPPLEMAN: Okay. And did she have a nickname for you besides her jail daughter?
DRINA BERNHARDT: Yes. Sunshine.
MS. CAPPLEMAN: Did she make -- paint pictures for you and write notes to you and things like that?
DRINA BERNHARDT: Yes, ma'am.
MS. CAPPLEMAN: I'm going to approach and show you what I've marked as State's Exhibit 61.
This is one of the pieces of art and letters that she wrote to you?
DRINA BERNHARDT: Yes, ma'am.
MS. CAPPLEMAN: Judge, ask to move into evidence State's 61.
JUDGE EVERETT: Any objection?
MR. ZELMAN: No, Your Honor.
JUDGE EVERETT: State's 61 is admitted.
(State's Exhibit No. 61 received in evidence.)
MS. CAPPLEMAN: Permission to publish?
JUDGE EVERETT: You may.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: So is this her initials down here?
DRINA BERNHARDT: Yes, ma'am.
MS. CAPPLEMAN: And on the back, is that a little note to you?
DRINA BERNHARDT: Yes, it is.
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?
DRINA BERNHARDT: Yes.
MS. CAPPLEMAN: And did you return this type of favor and make little art and things for her as well?
DRINA BERNHARDT: Probably, yes.
MS. CAPPLEMAN: Did she ever talk to you about her grandchildren?
DRINA BERNHARDT: Yes, she did.
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?
DRINA BERNHARDT: Yes. She said she was very close with them, and every now and then, she would call them her children.
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.
DRINA BERNHARDT: Yes.
MS. CAPPLEMAN: Okay. And was her bringing up her case something that she did a lot, or was it only one time?
DRINA BERNHARDT: It was often.
MS. CAPPLEMAN: Okay. So it was something that she was --
DRINA BERNHARDT: Doing a lot.
MS. CAPPLEMAN: -- talking about daily?
DRINA BERNHARDT: Yes.
MS. CAPPLEMAN: Okay. And was it a bunch of different aspects of her case she would talk about or only one thing?
DRINA BERNHARDT: It was different aspects.
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?
DRINA BERNHARDT: Yes, I did.
MS. CAPPLEMAN: And why did you do that?
DRINA BERNHARDT: well, initially, I did it for selfish reasons. But the more that I spent time with Donna, I realized that it was morally correct and I wanted to get justice for the Markel family.
MS. CAPPLEMAN: Okay. So you felt it was the right thing to do, but you were also hoping to get something out of it?
DRINA BERNHARDT: Yes.
MS. CAPPLEMAN: And what kind of thing were you hoping to get out of it?
DRINA BERNHARDT: Just help. Lighter sentence, maybe rehab.
MS. CAPPLEMAN: Okay. And are you still hoping that might be the outcome for you?
DRINA BERNHARDT: Maybe. But right now, I'm more interested in justice for the Markel family.
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?
DRINA BERNHARDT: She did. She said she was extremely worried about his testimony.
MS. CAPPLEMAN: Okay. So that was something that she brought up often or only one time?
DRINA BERNHARDT: A few times.
MS. CAPPLEMAN: Okay. Did she ever mention to you a State witness by the name of Katherine Magbanua?
DRINA BERNHARDT: Yes.
MS. CAPPLEMAN: And was Ms. Magbanua somebody that was known to you?
DRINA BERNHARDT: Yes. I knew Ms. Magbanua from being locked up with her years before.
MS. CAPPLEMAN: And how did she first bring up Magbanua to you, or did you bring Magbanua up to her?
DRINA BERNHARDT: I can't remember exactly how it was brought up. I just know that it was brought to her attention.
MS. CAPPLEMAN: Brought to her attention that you knew Magbanua?
DRINA BERNHARDT: Yeah.
MS. CAPPLEMAN: Okay. And at some point, did the defendant try to recruit you to become a witness for her in this case?
DRINA BERNHARDT: Yes.
MS. CAPPLEMAN: How did she first approach you about that?
DRINA BERNHARDT: She asked me if I would be willing to do it and I said yes.
MS. CAPPLEMAN: Okay. And did -- was this topic discussed one time or more than one time?
DRINA BERNHARDT: More than once.
MS. CAPPLEMAN: How many times can you estimate? A lot?
DRINA BERNHARDT: A lot, yes.
MS. CAPPLEMAN: Okay. And what is it that she wanted you to testify about?
DRINA BERNHARDT: She wanted me to testify about numerous different things about "K." Mostly about Ms. Magbanua.
MS. CAPPLEMAN: And Ms. Magbanua, you knew her by the nickname K?
DRINA BERNHARDT: Yes.
MS. CAPPLEMAN: And so she had some things she wanted you to say about K?
DRINA BERNHARDT: Correct.
MS. CAPPLEMAN: At some point, did she prepare a script for you of exactly what she wanted you to testify about?
DRINA BERNHARDT: She did.
MS. CAPPLEMAN: I'm going to approach and show you what I've marked as State's Exhibit 62.
Do you recognize State's 62?
DRINA BERNHARDT: I do.
MS. CAPPLEMAN: Is this the script that was prepared for you by Mrs. Adelson?
DRINA BERNHARDT: Yes, ma'am, it is.
MS. CAPPLEMAN: Okay. Move into evidence State's 62.
JUDGE EVERETT: Any objection?
MR. ZELMAN: No objection.
JUDGE EVERETT: State's 62 is admitted.
(State's Exhibit No. 62 received in evidence.)
MS. CAPPLEMAN: May I publish?
JUDGE EVERETT: You may.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: whose notebook is this?
DRINA BERNHARDT: That's mine.
MS. CAPPLEMAN: And whose handwriting is this on this first page?
DRINA BERNHARDT: That's Donna's, Mrs. Adelson.
MS. CAPPLEMAN: Okay. So she wrote this in your notebook?
DRINA BERNHARDT: Yes, ma'am.
MS. CAPPLEMAN: And what is it you were supposed to do with this information?
DRINA BERNHARDT: I was supposed to study it and answer it correctly on the stand for her.
MS. CAPPLEMAN: So this is what she wanted you to say in court?
DRINA BERNHARDT: Yes, ma'am.
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.
DRINA BERNHARDT: Correct.
MS. CAPPLEMAN: Do you read the newspaper?
MS. CAPPLEMAN: Okay. Did you know much about her or her case prior to coming in contact with her in the Leon County Jail?
DRINA BERNHARDT: No, ma'am.
MS. CAPPLEMAN: And what were you supposed to do with this physical script?
DRINA BERNHARDT: I was supposed to copy it down and give it back to her.
MS. CAPPLEMAN: Okay. Copy it in your own handwriting?
DRINA BERNHARDT: Yes, ma'am.
MS. CAPPLEMAN: Okay. And is this -- did you provide this item to my office?
DRINA BERNHARDT: Yes, ma'am.
MS. CAPPLEMAN: And was it copied and returned to you?
DRINA BERNHARDT: Yes, ma'am.
MS. CAPPLEMAN: what did you do with it once you returned with the original to Leon County Jail?
DRINA BERNHARDT: Returned it to her.
MS. CAPPLEMAN: I'm going to go down a paragraph here. This says that you approached Mrs. Adelson and told her you had information about K that you wanted to give her. Is that true?
MS. CAPPLEMAN: This says that K told you that she told Charlie on the night of the murder that some friends of hers went to Tallahassee and killed him. Did K ever tell you that?
DRINA BERNHARDT: No, ma'am.
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. He went crazy on her. He said that he was going -- that that was going to be an offer to his brother-in-law not to kill him.
Did K ever say any of that to you?
DRINA BERNHARDT: No, ma'am.
MS. CAPPLEMAN: And then over here continues: But she convinced him that the murderers think a woman is paying for this. They don't know Charlie. 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?
DRINA BERNHARDT: Yes, I suppose that's what it's supposed to be.
MS. CAPPLEMAN: All right. And did K, Katherine Magbanua, ever say any of that to you?
MS. CAPPLEMAN: Do you know -- are you familiar at all with Charlie Adelson's trial or his trial testimony?
DRINA BERNHARDT: No. I...
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 it?
DRINA BERNHARDT: I didn't underline it.
MS. CAPPLEMAN: 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. She said she fooled her baby daddy and she fooled Charlie. Sigfredo would do anything for her and he did.
All right. So, again, sorry to keep asking the same question, but did K say any of this to you?
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.
Is that the type -- is that the type of language that Katherine Magbanua would use?
MS. CAPPLEMAN: Do you know her well enough to tell this jury that she wouldn't say something like, “what a stupid fool, ha-ha, what a joke"?
DRINA BERNHARDT: Yeah. She wouldn't talk like that. She ...
MS. CAPPLEMAN: But that's what Mrs. Adelson wanted you to come in and tell this jury?
DRINA BERNHARDT: Yes, ma'am.
MS. CAPPLEMAN: Did she give you anything or promise you anything in exchange for reciting this script?
DRINA BERNHARDT: while I was in jail, I received packages and phone calls, and I was promised things as well.
MS. CAPPLEMAN: what type of packages?
DRINA BERNHARDT: Packages are, in jail, just like a bunch of basically gas station food, but it's exciting when you're in jail.
MS. CAPPLEMAN: Okay. And what about phone calls? what do you mean by that?
DRINA BERNHARDT: Just the phone calls are very expensive from jail, so she would let me use her phone to call my mother and other people.
MS. CAPPLEMAN: Okay. And you said she promised you other things in the future. what other types of things?
DRINA BERNHARDT: $10,000 and a grand piano.
MS. CAPPLEMAN: What else?
DRINA BERNHARDT: She promised me cameras, but ...
MS. CAPPLEMAN: None of that came to fruition?
MS. CAPPLEMAN: Okay. And what about pills? Did she mention anything to you about pills?
DRINA BERNHARDT: Yes, that I -- if I needed pills, that I could call a doctor named, I think Obed. I think that that's his name.
MS. CAPPLEMAN: Okay. And that person would write you some prescriptions?
DRINA BERNHARDT: Yes, ma'am.
MS. CAPPLEMAN: And why would you be in need of prescription medication?
DRINA BERNHARDT: I'm a recovering drug addict.
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?
DRINA BERNHARDT: Yes.
MS. CAPPLEMAN: Okay. And how were you going to get these other items, like the $10,000?
DRINA BERNHARDT: The money would be through something called Zelle. Zelle?
MS. CAPPLEMAN: Okay. And how -- who was going to send the money through Zelle?
DRINA BERNHARDT: Harvey.
MS. CAPPLEMAN: That's her husband, Harvey Adelson?
DRINA BERNHARDT: Yes.
MS. CAPPLEMAN: And how were you supposed to contact Harvey Adelson?
DRINA BERNHARDT: Through a phone app called Signal.
MS. CAPPLEMAN: Okay. Had you ever heard of the phone app Signal before?
DRINA BERNHARDT: No, ma'am.
MS. CAPPLEMAN: Okay. One moment, please, Your Honor.
No further questions at this time, Judge.
JUDGE EVERETT: Cross-examination?
MR. ZELMAN: Yes, Your Honor. Just a moment.
JUDGE EVERETT: Before you cross, please approach.
(Sidebar conference held as follows:)
JUDGE EVERETT: Just briefly before you get started with the cross, the State's direct examination has complied with the Court's pretrial ruling on limine and also the motion to suppress ruling as well. Just want to make sure none of your cross is going to open the door on those topics.
MR. ZELMAN: So when I was preparing my outline, I actually wrote down the stuff that you had ruled was out so that I would do everything possible to make sure that we don't open the door.
JUDGE EVERETT: Please double-check your notes again as there has been an affirmative ruling in favor of the defendant on these matters. This would obviously injure her case for you to open the door. You may proceed with cross.
(Sidebar conference concluded.)
CROSS-EXAMINATION BY MR. ZELMAN:
MR. ZELMAN: Good afternoon.
DRINA BERNHARDT: Good afternoon.
MR. ZELMAN: Now, you testified that you haven't been promised anything, correct?
DRINA BERNHARDT: Yes, sir.
MR. ZELMAN: Isn't it true that you were released from jail on February 11 --
DRINA BERNHARDT: Yes, sir.
MR. ZELMAN: -- 2025 as a result of your cooperation in this matter?
DRINA BERNHARDT: No. I don't know if it was a result of my cooperation, but, yes, that's when I was released.
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?
DRINA BERNHARDT: Correct.
MR. ZELMAN: And you said that you had information about Donna Adelson, correct?
DRINA BERNHARDT: Correct.
MR. ZELMAN: And that you cooperated in the past and you wanted to do it again?
DRINA BERNHARDT: Correct.
MR. ZELMAN: And then as a result of that, on December 18, Detective Turner came and met with you?
DRINA BERNHARDT: Correct.
MR. ZELMAN: And you spoke with him about this matter?
DRINA BERNHARDT: Yes, sir.
MR. ZELMAN: And then on December 20, you were taken up to the state attorney's office to meet with the state attorney's office, correct?
DRINA BERNHARDT: Yes, sir.
MR. ZELMAN: Okay. And then as a result of that conversation, on February 11, you were released?
DRINA BERNHARDT: I don't know if that's how it works.
MR. ZELMAN: Okay. Now, I want to back up a little bit. You met -- prior to being rearrested in September of 2024, you knew Patricia Byrd, correct?
DRINA BERNHARDT: Correct.
MR. ZELMAN: Okay. Were you guys friends on the outside?
MR. ZELMAN: Just on the inside?
DRINA BERNHARDT: Yes, sir.
MR. ZELMAN: But you'd been friendly before?
DRINA BERNHARDT: Friendly, I suppose, for jail.
MR. ZELMAN: Now, when you first met with law enforcement -- or the state attorney's office on December 20, 2024, towards the end of that conversation, you said to them, Did I do a good job? Isn't that true?
DRINA BERNHARDT: Yes, it is.
MR. ZELMAN: Now, when you first -- when you met with them on that -- on that day, the offer that you'd had at that point was five to six years in prison, correct?
DRINA BERNHARDT: Yes, sir.
MR. ZELMAN: Now I want to back up a little bit. Let's see. That violation of probation -- you were originally put on that probation September 1, 2023, correct?
DRINA BERNHARDT: Correct.
MR. ZELMAN: Okay. And at that point in time, isn't it true that you qualified for enhanced sentencing?
DRINA BERNHARDT: If you're talking about the PRR -- is that what you're talking about? I'm not sure.
MR. ZELMAN: Did you qualify as a PRR sentence?
DRINA BERNHARDT: I think it was actually past the three years.
MR. ZELMAN: Okay. I want to approach, and I'll have this marked for identification purposes.
JUDGE EVERETT: You may approach.
BY MR. ZELMAN:
MR. ZELMAN: For identification purposes, it's a judgment and sentence that was rendered on September 1, 2023.
Do you recognize this?
DRINA BERNHARDT: Yes, I do.
MR. ZELMAN: Okay. And it indicates that you qualify for PRR sentencing, but the State is waiving it at that time, correct?
DRINA BERNHARDT: Okay. Yes, it does say that.
MR. ZELMAN: Okay. 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?
DRINA BERNHARDT: Yes, sir.
MR. ZELMAN: And PRR sentencing means that when you are -- 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?
DRINA BERNHARDT: Yes, sir.
MR. ZELMAN: Okay. So that would mean that this sentence, the Court would have to sentence you to 15 years day for day in prison, correct?
DRINA BERNHARDT: If I went to trial, yes, sir.
MR. ZELMAN: If you didn't have this plea agreement?
DRINA BERNHARDT: Yes, sir.
MR. ZELMAN: But you did have this plea agreement?
DRINA BERNHARDT: Yes.
MR. ZELMAN: And you were put on probation?
DRINA BERNHARDT: Yes, sir.
MR. ZELMAN: Now, it specifically says if you violate probation, they can reimpose the prison releasee reoffender sentence; is that correct?
DRINA BERNHARDT: Yes.
MR. ZELMAN: Unfortunately, you did violate that probation, didn't you?
DRINA BERNHARDT: I did.
MR. ZELMAN: Okay. And on June 18, 2024, a probation officer signed an affidavit of violation because you started using again, correct?
DRINA BERNHARDT: Yes, sir.
MR. ZELMAN: And you were rearrested. You didn't go back to prison, did you?
MR. ZELMAN: You got a chance for more treatment, didn't you?
DRINA BERNHARDT: I did.
MR. ZELMAN: Now, originally in that 2023 sentence, you did an inpatient program?
DRINA BERNHARDT: Yes, at Sisters in Sobriety.
MR. ZELMAN: And you completed that?
DRINA BERNHARDT: I did.
MR. ZELMAN: Here, when you were reinstated in July of 2024, you were stepped down to outpatient, correct?
DRINA BERNHARDT: Yes, sir.
MR. ZELMAN: You didn't report to probation, did you?
MR. ZELMAN: You started using again?
DRINA BERNHARDT: I did.
MR. ZELMAN: And you strung your probation officer along, lying to them?
DRINA BERNHARDT: I don't think I did that, but ...
MR. ZELMAN: You did not make yourself available for supervision?
DRINA BERNHARDT: No, I didn't.
MR. ZELMAN: You didn't follow instructions?
DRINA BERNHARDT: I just didn't go.
MR. ZELMAN: And you also didn't test?
DRINA BERNHARDT: I didn't go, correct.
MR. ZELMAN: And so then you are rearrested, not just for the violation of probation but also for a new felony charge, correct?
DRINA BERNHARDT: what's the new felony charge?
MR. ZELMAN: Burglary of a conveyance.
DRINA BERNHARDT: Okay. Yes, correct.
MR. ZELMAN: And so in September of 2024 when you were rearrested for violating probation and the new burglary charge, at that point in time, you are facing 15 years mandatory day-for-day sentencing unless you can reach an agreement with the State?
DRINA BERNHARDT: Correct.
MR. ZELMAN: And then you meet Donna Adelson?
DRINA BERNHARDT: Correct.
MR. ZELMAN: Your get-out-of-jail-free card?
DRINA BERNHARDT: I don't have an answer to that.
MR. ZELMAN: And you befriended her?
DRINA BERNHARDT: we became friends, yes.
MR. ZELMAN: And you would ask her questions about her case?
DRINA BERNHARDT: No, I didn't ask her questions about her case. She offered it to me and I would listen to her.
MR. ZELMAN: Okay. So it's your testimony here today that you did not ask her questions?
DRINA BERNHARDT: I can't remember. I may have asked her one or two. I mean, we were locked up for a long time. But I didn't go to her constantly and ask her questions, no.
MR. ZELMAN: Just a moment.
JUDGE EVERETT: Before you ask your next question, Mr. Zelman, please make sure it's sufficiently clear as it relates to matters that have been ruled upon.
MR. ZELMAN: Yes, sir. And that's exactly what I'm having ensured done.
BY MR. ZELMAN:
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?
DRINA BERNHARDT: If I went to trial and was found guilty, yes.
MR. ZELMAN: So your understanding is if you went to trial, you would face 15 years day for day?
DRINA BERNHARDT: If I was found guilty, yes.
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?
DRINA BERNHARDT: Yes.
MR. ZELMAN: You didn't show up for probation?
DRINA BERNHARDT: Correct.
MR. ZELMAN: So if you went to court without an agreement, you would have to be sentenced to 15 years; is that correct?
DRINA BERNHARDT: Yes.
MR. ZELMAN: Now, isn't it true that when you went to meet with law enforcement on December 20, 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?
DRINA BERNHARDT: No. Actually, the pod, you can see -- the whole pod is visible.
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?
DRINA BERNHARDT: Yes.
MR. ZELMAN: Okay. And you wanted them to make sure they could get video of you with my client?
DRINA BERNHARDT: Yes.
MR. ZELMAN: Just a moment, Your Honor.
JUDGE EVERETT: Go ahead.
BY MR. ZELMAN:
MR. ZELMAN: Did you tell my client she was naive about jail?
DRINA BERNHARDT: That she was naive about jail?
MR. ZELMAN: Yes.
DRINA BERNHARDT: Meaning that she just wasn't aware of what went on in jail?
MR. ZELMAN: Yes.
DRINA BERNHARDT: I may have. TI don't remember.
MR. ZELMAN: Let's talk about that video. I believe the State is 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.
DRINA BERNHARDT: How it came to be?
MR. ZELMAN: Yes.
DRINA BERNHARDT: Donna wrote it, and she and I were supposed to go over it and practice it.
MR. ZELMAN: During that time that you were sitting there, did you write anything down?
DRINA BERNHARDT: I may have colored or written something, but I honestly don't remember.
MR. ZELMAN: Did you take things out of your -- out of the notebook that you'd already written and show them to her?
DRINA BERNHARDT: Probably. Maybe. TI don't know. TI honestly don't remember. It's been a while.
MR. ZELMAN: So you don't remember telling her what to write?
DRINA BERNHARDT: No. I didn't tell her what to write.
MR. ZELMAN: Your testimony here today is that you never told her what to write?
DRINA BERNHARDT: Yes.
MR. ZELMAN: Okay. That's the one thing you are sure about here today?
DRINA BERNHARDT: (Nonverbal response.)
MR. ZELMAN: Just a moment, Your Honor.
Nothing further.
JUDGE EVERETT: Redirect examination?
REDIRECT EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: were you ever advised to say anything other than the truth here today?
MS. CAPPLEMAN: You have a lawyer that's representing you on your criminal cases, right?
DRINA BERNHARDT: Yes, ma'am.
MS. CAPPLEMAN: And he's working with the prosecutor on that case, not me, right?
DRINA BERNHARDT: Yes, ma'am.
MS. CAPPLEMAN: To try to get you some kind of deal, not 15 years maximum penalty, right?
DRINA BERNHARDT: Yes, ma'am.
MS. CAPPLEMAN: Okay. And before your most recent release, you had a five-year -- five-year plea offer at some point?
DRINA BERNHARDT: Yes, ma'am.
MS. CAPPLEMAN: Okay. And as you sit here today, do you have a plea offer?
MS. CAPPLEMAN: Okay. So you're waiting to get a new plea offer --
DRINA BERNHARDT: Yes, ma'am.
MS. CAPPLEMAN: -- from somebody, not me?
DRINA BERNHARDT: Correct.
MS. CAPPLEMAN: Hoping that maybe it will be better than what it would otherwise be based on this information?
DRINA BERNHARDT: Yes, ma'am.
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 going to have to deal with accountability for that, right?
DRINA BERNHARDT: Yes, ma'am.
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 --
MS. CAPPLEMAN: -- to tell her?
DRINA BERNHARDT: No, ma'am.
MS. CAPPLEMAN: No further questions.
JUDGE EVERETT: You may step down.
will this witness be recalled by either party?
MS. CAPPLEMAN: Potentially, Judge.
JUDGE EVERETT: Ms. Bernhardt, you remain under your subpoena. Do not discuss your testimony with any other person.
DRINA BERNHARDT: Yes, sir.