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Donna AdelsontranscripttranscriptPatrick Sanford — Direct (Part 3) - Day 6 - Donna AdelsonJudge Everett resolved discovery and evidentiary issues before Patrick Sanford resumed testimony about investigative leads, travel plans, Donna Adelson's airport arrest, and a planner entry.
Georgia CapplemanSarah Kathryn DuganJackie L. FulfordJoshua D. ZelmanStephen EverettPatrick SanfordDonna AdelsonJudge EverettMs. DuganMr. ZelmanMs. CapplemanMs. FulfordDonna AdelsonJurorPatrick SanfordAudio Recordingproceduralsidebardirect
Donna Adelson/Day 6/August 29, 2025
8 pages·6 witnesses·3,530 lines
Sanford's testimony concluded, jail witnesses and records were presented, and the State rested.
Judge Admonishes Gallery on Conduct; Sanford Examination Resumes
ProceduralProc.Judge Admonishes Gallery on Conduct; Sanford Examination Resumes

PROCEEDINGS

(Continued from Volume 5 as follows:)

JUDGE EVERETT: Good morning, everyone. You can be seated.

(A pause in the proceeding.)

MS. DUGAN: Judge, would I have time to run upstairs and grab one thing?

JUDGE EVERETT: How quickly?

MS. DUGAN: Five minutes.

JUDGE EVERETT: Make it three.

(A pause in the proceeding.)

JUDGE EVERETT: All right. Let's go ahead and get started for this morning. Let's go on the record.

I believe the jurors are assembled. The issue that the defense needed to review with the defendant concerning the recording that was enhanced in some way, or I believe the two versions of the audio file, defense was able to speak with your client concerning this?

MR. ZELMAN: Yes, Your Honor. we were able to listen to both versions of the recording, and it's going to be our request that we use the original version, not the enhanced version.

JUDGE EVERETT: Somehow I knew that's where this was headed. However, I'm glad you had the opportunity to discuss this with your client.

Ms. Cappleman, the State, based on the conceded discovery violation, which --

Playing the original version, I assume the defense is not raising any Richardson violation of any sort?

MR. ZELMAN: That's correct, Your Honor.

JUDGE EVERETT: That settles the matter.

Any other issues that we need to address this morning?

MR. ZELMAN: The defense did have an opportunity to go through the photographs that Detective Grossman belatedly provided to the State on Wednesday night. Based on our review, I think that we've been able to determine that we cannot make a good faith, colorable argument of any prejudice.

Ms. Cappleman and I and Ms. Fulford have agreed on which pictures are going to be used and which are not from that selection for a variety of reasons, so I'm not requesting any further Richardson inquiry concerning those photographs.

JUDGE EVERETT: All right. Concerning, again, as to the photographs, I will just go through the elements so that way it's clear that information brought to the Court's attention, that this issue has been properly addressed.

Ms. Cappleman, the photos that were provided to the defense as to what was photographed during the search of the defendant's home, you did not receive this so you did not provide it earlier to the defense before trial began?

MS. CAPPLEMAN: That's correct, Your Honor.

JUDGE EVERETT: AS to when the items were provided, I will find that is a discovery violation of what was demanded as discovery pretrial. I will further find that this is inadvertent, as the law enforcement agency that the State received these items from --

Ms. Cappleman, when did they first provide them to you?

MS. CAPPLEMAN: 6:30 on Wednesday evening, Your Honor.

JUDGE EVERETT: All right. After receiving these items, they were provided immediately to the defense. As to substantial or trivial, I will find it is trivial as the defense had an opportunity to review these items before they were presented, or is being sought to admit it or published. And because the defense has had an opportunity as well to review these items, determine how it would affect any questioning of any witness, and also they have had a measure of control as to how this information will be presented to the jury, I will find there is not a prejudicial effect.

Are there any other matters that we need to address?

MR. ZELMAN: Yes, Your Honor. There's a matter that we can address off the record sidebar.

sidebarsidebarOff-the-Record Sidebar Discussion

JUDGE EVERETT: Please approach.

(Discussion had at sidebar off the record.)

ProceduralProc.Judge Admonishes Gallery on Conduct; Sanford Examination Resumes (Resumed)

JUDGE EVERETT: Good morning to everyone in the gallery. You-all know you can respond. Good morning to all of our onlookers.

(Response from gallery.)

2611:17

JUDGE EVERETT: Thank you. Before we get started today, I just wanted to remind you-all concerning cell phones, once again, please have them on mute or turn them off. Also, no cell phones will be aimed at any of our witnesses or jurors. Please, as well, while we are exchanging witnesses, if you walk out, please remain outside the door until the witness has finished their testimony or we are changing witnesses.

Also, as well, while the testimony is occurring, there's not to be any head shaking, any gesturing, anything that would indicate that you are either agreeing or disagreeing with what is taking place. Again, there cannot be an improper influence on the jurors as they are watching and listening to the evidence. Any questions?

All right. we're going to have a brief break this morning before we get started. Or I should say before we actually get started, there's going to be about 30 minutes. If you need to stretch your legs, use the phone, get water, things of that nature, please do it now.

You can tell the jurors as well it'll be about 30 minutes from here.

(A recess in the proceeding.)

sidebarsidebarCounsel Fitness and Bernhardt Recordings

JUDGE EVERETT: Everyone can be seated.

If the parties can approach.

(Sidebar conference held as follows:)

JUDGE EVERETT: All right. Just to readdress the matter that was previously discussed off record before, Ms. Fulford, at this time, are you capable of providing effective assistance to your client today?

MS. FULFORD: Yes, Judge, I am. I got a lot of walking in, and I've consumed a lot of caffeine. I may be a little slower than I normally am, and I'm probably going to need a potty break, but other than that, I think I'm good.

JUDGE EVERETT: All right. Your client is aware of your limitations?

MS. FULFORD: Yes. Yes, she is.

JUDGE EVERETT: Concerning that, I'll need to briefly just make sure on the record that she understands that you are, in fact, going to proceed in providing assistance of counsel today; however, knowing those limitations, does she have any concerns? Is she willing to continue with you examining all witnesses?

MS. FULFORD: I just asked her and she said yes. And if we're going to do that, I prefer not to do it where everybody can hear.

JUDGE EVERETT: That's fine.

Deputy Eldridge, if you can bring over Mrs. Adelson.

(A pause in the proceedings.)

JUDGE EVERETT: Mrs. Adelson, there is a brief matter that I need to address with you present as well. Have you been able to discuss with your attorney the issue that has arisen concerning her medication this morning?

DONNA ADELSON: With Jackie? Yes.

JUDGE EVERETT: Concerning that, do you have any concerns with Ms. Fulford conducting any examinations of any witnesses today?

DONNA ADELSON: No. I think she's feeling better.

JUDGE EVERETT: All right. The only reason I'm asking these questions is because you are entitled to effective assistance through all stages of the trial. I believe this is something that we've discussed before in a separate context, but you've also discussed with your attorneys as well. Ms. Fulford has indicated that she is of sound mind and capable of performing her duties for you. Are there any concerns that you wish to raise to the Court?

DONNA ADELSON: No. TI trust her.

JUDGE EVERETT: Say that one more time.

DONNA ADELSON: No. TI trust her. I'm sure she wouldn't do this if she didn't feel able to.

JUDGE EVERETT: All right. Mr. Zelman, were you able to review the cross-examination outline for the witnesses Ms. Fulford was going to handle today?

MR. ZELMAN: The only one that I glanced at was Pat Sanford. The other ones, we didn't take out with us. I believe that Ms. Fulford thought the witnesses that are scheduled today, of those --

It was just Jonathan Grossman, I think?

MR. ZELMAN: The rest of the witnesses were mine.

JUDGE EVERETT: All right. Concerning these witnesses, if the situation becomes necessary, you are capable to step in and handle these cross-examinations?

MR. ZELMAN: Yes, with Jonathan Grossman. Pat Sanford, I'll probably need her assistance with. I'11l do my best.

JUDGE EVERETT: All right. I believe Ms. Fulford has already stated that she is capable of carrying on today. The defendant has not raised a concern with her counsel continuing on, based on their conversations. At this point, I am fine to let Ms. Fulford examine any witnesses as necessary, unless the State has something to raise on this matter.

MS. CAPPLEMAN: No, Your Honor.

MR. ZELMAN: Obviously, if the situation changes, we'll ask to approach.

JUDGE EVERETT: Very well. Let's go ahead and move back to the tables.

MR. ZELMAN: Your Honor, before we do that, I just wanted to address the Court's ruling concerning Drina Bernhardt --

MR. ZELMAN: -- so we're not having to stop a little bit later.

My understanding of the Court's ruling --

JUDGE EVERETT: One moment. Let me get the transcript.

(A pause in the proceeding.)

MR. ZELMAN: My understanding of the Court's ruling is that as long as I don't attack the veracity of Ms. Bernhardt's credibility as to the offers of compensation, that that won't open the door to the recordings.

JUDGE EVERETT: That is correct. The basis in which the recordings would be offered would be to otherwise -- let me go to the part of the transcript -- rebut an expressed or implied charge of improper influence, motive, or recent fabrications. If that is not going to be challenged as to that, it would not be offered for that basis.

Ms. Cappleman, are you seeking to offer these for any other purpose if the veracity of the testimony on those issues is not going to be attacked by the defense?

MS. CAPPLEMAN: I think there's a couple ways the door could potentially be opened. One would be contesting that she was made offers of compensation by your client.

JUDGE EVERETT: I believe Mr. Zelman stated he is not going to contest that issue.

MS. CAPPLEMAN: Right. I think a second one would be, has she been given compensation for her cooperation or testimony by the State in the form of her release? Is that something you intend to get into?

MR. ZELMAN: That's fair game.

JUDGE EVERETT: On that topic, I believe there's a multitude of cases that deal with the defense can cross on that issue. That does not necessarily go to the defendant, in some way, making an improper offer or trying to obtain false testimony through pecuniary means of some sort.

MS. CAPPLEMAN: Well, I think it suggests to the jury that she offered false testimony so that she could get a gain in the form of release, which is not the case at all. She was released specifically for the purpose of running the second wire.

JUDGE EVERETT: Until we get to that point, I think I'm going to have to hear the testimony first. If you believe that there's a situation in which the door has been opened, we'll need to address it at that time on that specifically. If the witness is not going to be challenged as to the offer of compensation for giving testimony, the basis that was ruled upon here expressly covers that.

Concerning that issue, Mr. Zelman, have you discussed this issue with your client?

MR. ZELMAN: We have discussed the fact that we are going to try to tailor my cross-examination of Ms. Bernhardt to avoid opening the door.

JUDGE EVERETT: On that issue, cross-examination of any witness needs to be vigorous and needs to also challenge their credibility, as that is a proper matter of determination for the jury. However, there cannot be a circumstance of laying off of this topic to advance some other means that would then be adverse to your client.

MR. ZELMAN: No. No. No. That's not the -- that's not the point of limiting my cross. I am absolutely going to do a vigorous cross of Ms. Bernhardt. The only matter I am staying away from is challenging the pecuniary offer.

JUDGE EVERETT: And if that is a strategic point that you have decided with your client, that is certainly fine. I would just ask before, I will send the jurors out and I'll confirm with your client that she understands the strategy of this cross-examination, has given her consent to it, and is fully aware of the defense strategy -- how this plays into the larger defense strategy.

MR. ZELMAN: Yes, sir.

(Sidebar conference concluded.)

ProceduralProc.Judge Admonishes Gallery on Conduct; Sanford Examination Resumes (Resumed)

JUDGE EVERETT: Please bring in Agent Sanford.

Deputy Eldridge, you can get the jurors as well.

(Jury enters.)

JUDGE EVERETT: Good morning, members of the jury.

JUROR: Good morning.

8152:32

JUDGE EVERETT: Although we are getting started a little bit behind today, we are going to continue with the examination of Special Agent Sanford at this time.

Ms. Dugan, Ms. Cappleman, is he on his way to the stand?

MS. DUGAN: Yes, Sir.

8353:06

(A pause in the proceeding.)

8453:07

JUDGE EVERETT: Special Agent, you remain under your oath to tell the truth. I'm not going to swear you in again. But please answer all matters truthfully during the remainder of your testimony.

8553:16

Yes, Your Honor.

DirectDirectPatrick Sanford - Direct (Part 3) Patrick Sanford Georgia Cappleman
8653:17

JUDGE EVERETT: You may be seated.

Ms. Cappleman, you may continue with the State's direct examination.

8753:22

MS. CAPPLEMAN: Thank you, Judge.

8853:23

whereupon, PATRICK SANFORD was recalled as a witness, having previously been sworn, was examined and testified as follows: CONTINUED DIRECT EXAMINATION BY MS. CAPPLEMAN:

8953:24

MS. CAPPLEMAN: All right. So we concluded the wire calls yesterday. When, in relation to that wire -- or just when were the arrests made in this case? Let's start with Sigfredo Garcia. When was he arrested?

9053:39

PATRICK SANFORD: It was May 24 or 26, somewhere around there, of 2016.

9153:46

MS. CAPPLEMAN: Okay. And Luis Rivera?

9253:50

PATRICK SANFORD: A few days after that, I served him in the prison.

9353:53

MS. CAPPLEMAN: Okay. He was already in prison for an unrelated offense?

9453:56

PATRICK SANFORD: That's correct. He was already in prison.

9553:59

MS. CAPPLEMAN: So also May of '16?

9654:01

PATRICK SANFORD: That's correct.

9754:02

MS. CAPPLEMAN: Okay. And what about Katherine Magbanua? when was she arrested?

9854:10

PATRICK SANFORD: I don't remember the exact date. Could I refresh my memory with notes?

9954:14

MS. CAPPLEMAN: Yes. Do you have the notes with you?

10054:16

PATRICK SANFORD: I do.

It was on 10/1/16.

10154:31

MS. CAPPLEMAN: And then do you have the exact dates on the other two in there as well?

10254:34

PATRICK SANFORD: I do. Mr. Adelson was arrested on 4/21/22 and --

10354:44

MS. CAPPLEMAN: Garcia and Rivera was?

10454:45

PATRICK SANFORD: Oh, Garcia and Rivera, yes. Mr. Garcia was 5/25/16.

10654:55

PATRICK SANFORD: And Rivera -- I don't have Mr. Rivera's exact day of -- actually, it was the -- 6/3/16 I believe is when we went back to interview him with the warrant.

10755:06

MS. CAPPLEMAN: Okay. So Garcia, 5/25/16; Rivera, 6/3/16; Magbanua, 10/1/16; is that right?

10855:16

PATRICK SANFORD: That's correct.

10955:23

MS. CAPPLEMAN: Okay. And Katherine Magbanua ultimately went to trial and was convicted, right?

11055:27

PATRICK SANFORD: Yes, ma'am.

11155:28

MS. CAPPLEMAN: Okay. And post-conviction, did she offer a proffer?

11255:32
11355:34

MS. CAPPLEMAN: what is a proffer?

11455:35

PATRICK SANFORD: A proffer is an agreement with the defense and the prosecution to where she can come in and talk to us and tell us what happened without it being used against her.

11555:51

MS. CAPPLEMAN: All right. So that occurred on -- I have October 11, ‘22 --

11655:54

PATRICK SANFORD: That's correct. That's the first proffer, yes, ma'am.

11755:57

MS. CAPPLEMAN: And were you present for her proffer on that date?

11856:00

PATRICK SANFORD: Yes, ma'am.

11956:01

MS. CAPPLEMAN: And also a follow-up interview with her on November 28 of that year, ‘22?

12056:06

PATRICK SANFORD: That's correct.

12156:07

MS. CAPPLEMAN: Okay. And at that point, the investigation had been ongoing for over eight years at that point, right?

12256:15
12356:16

MS. CAPPLEMAN: Okay. Was there anything that Ms. Magbanua revealed in her proffers that was new to us or that confirmed something that we had not known of before?

12456:29

PATRICK SANFORD: Yes. She told us about the first time that Mr. Charlie Adelson approached her and asked her if she knew someone that could take care of someone. She told us about that and when it was.

12556:44

MS. CAPPLEMAN: And she was able to give us the actual date that that occurred based on some surrounding circumstances, right?

12656:49

PATRICK SANFORD: That's correct. She --

12756:50

MS. CAPPLEMAN: what was the date?

12856:51

PATRICK SANFORD: She said it was October 31, 2013, like the year prior to the murder, on Halloween.

12957:03

MS. CAPPLEMAN: All right. And did she say where she was when that first -- when the topic was first broached with her?

13057:12

PATRICK SANFORD: She did. She said she was on Lincoln Road at a party with Mr. Adelson.

13157:18

MS. CAPPLEMAN: And were you able to discover any evidence to confirm that Mr. Adelson was, in fact, on Lincoln Road that night as she claimed?

13257:26

PATRICK SANFORD: Yes. I was familiar with Lincoln Road because it's a popular -- it's a popular road in South Beach. So we looked back and found a text message where Mr. Adelson said that he was on Lincoln Road on Halloween.

13357:54

MS. CAPPLEMAN: All right. I'm going to show you what I've marked as 86B.

Do you recognize 86B?

13557:58

MS. CAPPLEMAN: Is that the text message in question?

13758:00

MS. CAPPLEMAN: Is it a fair and accurate copy of that text message?

13958:04

MS. CAPPLEMAN: Judge, I'd move into evidence 86B, please.

14058:07

JUDGE EVERETT: Any objection?

14158:08

MS. FULFORD: No objection.

14258:10

JUDGE EVERETT: 86B is admitted at this time.

14358:11

(State's Exhibit 86B received in evidence.)

14458:11

BY MS. CAPPLEMAN:

14558:12

MS. CAPPLEMAN: who is the text to and who's it from?

14658:16

PATRICK SANFORD: It's from Charlie Adelson, and it just has a number.

14758:22

MS. CAPPLEMAN: Unknown number?

14858:23

PATRICK SANFORD: An unknown number.

14958:24

MS. CAPPLEMAN: And what's the content of the text message?

15058:26

PATRICK SANFORD: The text message says, On Lincoln with my friends. Come meet us.

15158:30

MS. CAPPLEMAN: And on what date and time was that message sent?

15258:32

PATRICK SANFORD: It says 11/1/13 at 1:04 a.m. UTC.

15358:39

MS. CAPPLEMAN: So just after midnight on Halloween night?

15458:41

PATRICK SANFORD: That's correct.

15558:47

MS. CAPPLEMAN: And was there something else that you learned from Ms. Magbanua that you hadn't known before?

15758:55

MS. CAPPLEMAN: what was that?

15858:58

PATRICK SANFORD: She told us about the time that she -- the night of the homicide that she was going to Mr. Adelson's residence, and she believed that the Adelsons had been there.

15959:09

MS. CAPPLEMAN: So she admitted that she went to Charlie's house to pick up the money?

16059:12

PATRICK SANFORD: That's correct.

16159:13

MS. CAPPLEMAN: But then didn't end up leaving with it until the next morning; is that right?

16259:16

PATRICK SANFORD: That's correct.

16359:17

MS. CAPPLEMAN: Okay. But the bit about Donna Adelson or Donna and Harvey Adelson having brought the money, that was new to us?

16459:25

PATRICK SANFORD: That was new, correct.

16559:26

MS. CAPPLEMAN: And then we've seen Sergeant Corbitt's presentation, and I'll publish a slide from State's Exhibit 73 at this time.

That's the slide where we're able to find the text indicating that Donna Adelson said she was outside Charlie's house that night?

1661:00:14

PATRICK SANFORD: That's correct.

1671:00:36

MS. CAPPLEMAN: All right. When was the defendant arrested?

1681:00:37

PATRICK SANFORD: Defendant was arrested on November 13, 2023.

1691:00:44

MS. CAPPLEMAN: Okay. And I think you told us when Charlie Adelson was arrested. will you repeat that, please?

1701:00:49

PATRICK SANFORD: I believe it was 10/1/22. Oh, sorry. It was 4/1 of -- 4/21/22.

1711:01:05

MS. CAPPLEMAN: 4/21/22 for Charlie Adelson's arrest?

1721:01:09

PATRICK SANFORD: That was Charlie Adelson's arrest, yes, ma'am.

1731:01:12

MS. CAPPLEMAN: And shortly after Charlie Adelson's trial and conviction, was there a recorded call that was intercepted between Charlie Adelson and his mother, Donna Adelson?

1741:01:27

PATRICK SANFORD: Yes, there was.

1751:01:28

MS. CAPPLEMAN: And in that call, did something happen that caused the defendant to be recorded longer than the conversation between her and Charlie? Can you just sort of explain -- she thought she hung up but she didn't hang up, right?

1761:01:42

PATRICK SANFORD: Correct. There was a jail call with Mr. Adelson, and at some point, he dropped off the call. She thought the call had hung up, so she just apparently set her phone down and didn't hit end on her end of the line.

1771:01:55

MS. CAPPLEMAN: And have you had an opportunity to review State's Exhibit 118, the recording of that call?

1781:02:01
1791:02:02

MS. CAPPLEMAN: Judge, at this time, I'd ask to move into evidence State's Exhibit 118.

1801:02:07

JUDGE EVERETT: Any objection to 118?

1811:02:10

MS. FULFORD: No, Judge.

1821:02:11

JUDGE EVERETT: State's 118 is admitted at this time.

1831:02:13

(State's Exhibit 118 received in evidence.)

1841:02:16

MS. CAPPLEMAN: Permission to publish?

1851:02:17

JUDGE EVERETT: You may. Do the jury and the parties need headphones for this?

1861:02:23

MS. CAPPLEMAN: Probably will be helpful, Judge.

1871:02:25

(An audio recording was published in open court. This transcript should not be considered a verbatim record of these proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)

1881:02:48

(Audio begins:)

1891:02:49

DONNA ADELSON: Look, I have -- I didn't say this to you before I picked up the phone, but there's a lot of things that we have to do, and we've got a very tight timeframe. So one of them involves taking care of some things for R.A., taking care of some things through Steinberg. It's just -- dad's been on the phone all day.

And Susan was nice enough when I called her. She said, I'm going to gather everything up and I'm going to drive down. So she and Rick got here about, I don't know, ten minutes before you -- you called so that she could work with us because we've got a couple of hours of stuff to take care of for R.A. So working on that and --

1901:03:27

MS. CAPPLEMAN: Will you pause it? Sorry.

1911:03:29

(Audio paused.)

1921:03:30

MS. CAPPLEMAN: Sorry to do that to y'all with the headphones, but a couple questions just to follow up on what she said so far.

1931:03:35

BY MS. CAPPLEMAN:

1941:03:36

MS. CAPPLEMAN: She said she's taking care of a couple things for R.A. Who's R.A.?

1951:03:39

PATRICK SANFORD: R.A. is the child of Charlie Adelson, young child.

1961:03:44

MS. CAPPLEMAN: And she mentions Susan and Rick on there. Do you know who those people are?

1971:03:48

PATRICK SANFORD: They're close friends of theirs.

1981:03:50

MS. CAPPLEMAN: Sorry. Continue publishing.

1991:03:51

(Audio continued.)

2001:03:51

DONNA ADELSON: Just a lot, but you -- you're going to be okay. You're going to get out of that -- that stupid room. Once you do, you'll start to feel a little bit better. I know that. And when I have something that I do need to tell you, I'll -- you know, I'll speak to Dan, okay?

2011:04:10

(Audio paused.)

2021:04:11

BY MS. CAPPLEMAN:

MS. CAPPLEMAN: Sorry. One more time. She mentions Dan here. Obviously, not Dan Markel. Do you know who she's referencing?

2041:04:23

PATRICK SANFORD: Yes, ma'am.

2051:04:24

MS. CAPPLEMAN: What Dan is she referencing?

2061:04:26

PATRICK SANFORD: Dan Rashbaum, who was Charlie's attorney.

2071:04:29

MS. CAPPLEMAN: All right. Thank you.

Continue, please.

2081:04:32

(Audio continued.)

2091:04:34

DONNA ADELSON: So -- and then I'll let you know what time to call him. Can you hear me, Charlie? Shit. You can't hear me again, right? Charlie? Charlie, can you hear me? Can you hear me?

2101:04:47

AUDIO RECORDING: (Unintelligible.)

2111:04:49

DONNA ADELSON: The fourth time that they -- that they cut -- they cut the line each time.

2121:05:03

(Unintelligible conversation.)

2131:05:05

DONNA ADELSON: You pay for every minute, but they keep charging every time you reconnect and say, That doesn't happen.

2141:05:24

AUDIO RECORDING: (Unintelligible.)

2151:05:25

DONNA ADELSON: Except he's in this room --

2161:05:31

AUDIO RECORDING: (Unintelligible.)

2171:05:40

DONNA ADELSON: So the psychologist, they want to make sure he doesn't kill himself. So the psychologist finally came, and he said to her, If you leave me here, I'll kill myself. There's no -- no life, no nothing. I'm in a cement block. Let me go back (unintelligible) Stay where I am. You know, please don't leave me here.

And spoke to him for a little bit and she said, No, you're -- you're perfectly fine. I know that. I just have to go back and -- you know, I've got a few of these reports I have to write. Once I get those written and then submit them and then get them approved, you'll be able to go back.

So he said she was going back, like, in an hour, but he said, She better get that thing done, because I'll lose my mind in here. It's all -- it's just all mirrored on the inside. All you see is yourself. The lights never shut off, day or night. Those florescent lights, he says, are on all night. He said, I just want to go back where I was. At least I know people. I can see people. He says, Here, I'm in a box. So he's just --

AUDIO RECORDING: (Unintelligible.)

AUDIO RECORDING: (Unintelligible.)

DONNA ADELSON: He's -- I mean, I'm sure he'll call back. We just keep getting disconnected.

AUDIO RECORDING: (Unintelligible.)

(Unintelligible conversation.)

DONNA ADELSON: (Unintelligible) going to prison for something he didn't do. I can't -- I can't function. I'm not that strong. And I also know how he is a year ahead. His body, his (unintelligible) has slowly started to deteriorate. I'm old. I had a life. We had a great marriage. Happy. We traveled. We lived good. I really am not unhappy. And I (unintelligible) to just say good-bye and let me lie down and (unintelligible) nothing painful. I just want to go to sleep. We bought our cemetery property a couple months ago. We're good. I'm good. (Unintelligible) because I had -- I said something that made her feel like I had enough and I'm not going to watch (unintelligible) go well. I know what I need to do.

AUDIO RECORDING: (Unintelligible.)

DONNA ADELSON: We know something is wrong because (unintelligible) she's never once just come over and said, I need to talk to you.

AUDIO RECORDING: (Unintelligible.)

DONNA ADELSON: She sat down on the couch right there. I was sitting here. And she didn't say, Look, Mom, this is a horrible time for all of us. Charlie's on trial for his life. We're all aggravated. But this is (unintelligible.) Just sat there.

She said, Look, if you're suicidal, I'm going to Baker Act you.

So I said, I'm not suicidal. I'm fine. Are we going to see the boys tomorrow night? (Unintelligible). Now, I'm not suicidal. Do I want to go to sleep and not see my son? I do. Perfectly honest, I do.

AUDIO RECORDING: (Unintelligible) do it yet.

2301:09:33

DONNA ADELSON: We can do it together. Leave a note. They'll know when to come and get us and we'll do it together.

2311:09:38

AUDIO RECORDING: (Unintelligible) the boys.

2321:09:41

DONNA ADELSON: (Unintelligible) look, we have to make a decision at some point. So after speaking to Dan this morning and knowing what they're thinking up there, I don't know if we'll make it out in time. I really don't. But Dan said, You might, or you might get all the way to the airport and they'll stop you.

And that could happen. It could happen. I don't know, but it's worth a try.

2331:10:04

(Unintelligible conversation.)

2341:10:12

DONNA ADELSON: I've tried and tried and tried. I don't know what I'm doing. I'm just -- I've lost it, but I don't know what I'm doing. And we -- we have to do that stuff for R.A. so that (unintelligible.)

2351:10:27

AUDIO RECORDING: (Unintelligible.)

2361:10:28

DONNA ADELSON: (Unintelligible) the stipulations as to who's in charge and --

2371:10:34

AUDIO RECORDING: (Unintelligible.)

2381:10:35

DONNA ADELSON: Bri. Just somebody who would be watching?

2391:10:40

AUDIO RECORDING: (Unintelligible.)

2401:10:41

DONNA ADELSON: If George would make some effort to respond, answer his call. If he'll do that, I could sit here with you and say, Can I -- would you do that? But I can't because there's no response. So did you tell (unintelligible)?

2411:11:11

AUDIO RECORDING: (Unintelligible.)

2421:11:12

DONNA ADELSON: I don't know how to get in touch with her. So I said, Let me ask George. So I said to George, I can't get in touch with her. (Unintelligible) it's not about the case. I have (unintelligible. )

2431:11:40

AUDIO RECORDING: (Unintelligible.)

2441:11:54

DONNA ADELSON: When I said, I just got off with Charlie. He's worried about you. He wants to know -- oh, because I said -- yeah. You never -- we know you never ask anything about your brother.

And she doesn't. And she told me it's because her lawyer said she shouldn't ask.

2451:12:05

AUDIO RECORDING: (Unintelligible.)

2461:12:05

DONNA ADELSON: We found out it's not true. But we just got off the phone with him.

2471:12:09

AUDIO RECORDING: My attorney (unintelligible) and he asked her attorney. Her attorney said --

2481:12:13

DONNA ADELSON: I never told her that.

2491:12:14

AUDIO RECORDING: -- but I've never confronted --

DONNA ADELSON: No. So I wrote this last night: We know you never ask anything about your brother -- this is 8 o'clock last night -- but we just got off the phone with him, and the first thing he asked was, How's Wendi holding up? I didn't have the heart to tell him that you never called us or asked about him. I just said you weren't up to phone calls right now. Everyone looks to protect you. I bet you've got a lot to think about.

But then she didn't answer. So then I got another call from Charlie. It was 2 o'clock at night. And I said, Just got off the phone with Charlie. He's worried about you. He wants to know why we didn't speak. I told him a lie. I said, We're only speaking with you and Dan right now. I couldn't bear to tell him the truth. Your sister never even called us, is the truth.

She says, this morning -- I thought she'd be racing over here last night.

2511:13:08

AUDIO RECORDING: Yeah.

2521:13:08

DONNA ADELSON: Dear Mom, I know you were upset by the verdict, but the anger directed at me is not justified.

I don't know how much anger (unintelligible.) We don't.

I'm not responsible in any way for Charlie's situation. I am not guilty because I did not do anything wrong, and I was not involved in any way with Danny's death.

I didn't say she was.

When I was interviewed by the police and testified in court, I told the truth, as I was required to do. I cannot control how the prosecutor used my statement at Charlie's trial.

Again, I didn't say that.

Also, as you know, my -- I do know -- my lawyer has advised me not to talk to my family or anyone else about this case.

Not about the case, which is true. We've never done it.

I've followed his advice despite your disagreement with this guidance. Please do not text me about this case anymore.

It's not about the case, is it? It's not what I said. It's about her brother and that he wants -- how are you, Wendi? How's my sister holding up?

2531:14:09

AUDIO RECORDING: (Unintelligible.)

2541:14:09

DONNA ADELSON: Uh-huh. If you have anything further to say about the case, please go through our lawyers. Right now, I have to be singularly focused on taking care of the boys during this difficult time.

So I wrote back, Okay. We have no desire to speak with you about the case. I guess Dad and I are just shocked that you didn't think of coming to see us or even calling us. We are your parents. We are and have always been there for you and the boys. None of what we wrote matters about the case. That's over. I just want you to know how many times Charlie is asking about you. Not only do you not ask about us, but not one question about Charlie, right? We will need to give you some information shortly and we need some business assistance. Please let us know if you can be of any help.

I have a safe here. I want to give her codes. We're going to be gone. I want her to have all this information. I have the -- I have the cemetery property. I want her to see all that. I want her to have all these papers and the wills. I want her to see all this.

So please let us know if you can be of any help. The other thing is the visa, which she would know about the -- no. I said we need -- we need some business assistance. Please let us know --

2551:15:27

AUDIO RECORDING: (Unintelligible.)

2561:15:27

DONNA ADELSON: If not, we'll try to find someone who can help us. This needs an immediate reply so I can start asking other people for help.

And then she always gets nervous if we want to talk to her. So I wrote, Don't get nervous. Again, nothing -- in capital letters -- nothing about the case. Just would like to show you some business stuff and personal things. If you can't do it, we must find someone who can. I hope you understand that it has nothing to do with the case. There is no more case. And then I wrote, By the way, you say you have to focus on the boys. Have you told them?

So when I got George before, I said to him -- he says, I was over there last night.

I said, Well, I asked Wendi but I haven't gotten any word from her, so did she tell the boys?

And he said, She did.

Now, I know B.A. was very close. He was writing to Charlie all the time. So I said, How are they?

And B.A. is very quiet. He didn't really talk much. He said, L.A. kind of faced it (unintelligible) he's not coming home, never coming back. And so he said it took him ten minutes and he was into basketball, which is fine. He's a child. That's okay. I don't want -- I don't want to see them miserable and upset. That's not my goal. I just want to know, how are they.

So that's when I said earlier to George, because it was technical stuff that I couldn't do on the computer. I think just we were out of it. So I gave the computer (unintelligible) so I said, Can you help me with some computer stuff that I can't get done?

And he was on some business calls, and so he texted me just before, I can be there maybe 5, 5:30. Would that be good?

I said, Yes, but if I can get stuff done, then it's no.

2571:17:16

AUDIO RECORDING: (Unintelligible.)

2581:17:17

DONNA ADELSON: We have the photos. We have to get them downloaded. And the other thing I don't understand, thought my daughter could help me with it -- we've been looking it up over and over and things change -- if there's extradition from Vietnam. Because we've looked at all the places. I mean, I could go to Korea and China, but there's no extradition, but looking for places with no extradition.

2591:17:43

AUDIO RECORDING: (Unintelligible.)

2601:17:47

DONNA ADELSON: Who? Really? Good. Maybe she knows about -- maybe she can look up the extradition if she -- before we waste our time.

2611:17:53

AUDIO RECORDING: Is she going to tell on you that, My parents are thinking of leaving the country?

2621:17:58

DONNA ADELSON: My lawyer told us to do that.

2631:18:00

AUDIO RECORDING: But if you mention it to Wendi, is Wendi going to tell --

2641:18:04

AUDIO RECORDING: I don't think --

DONNA ADELSON: Well, you tell her beforehand, I need to tell you something as an attorney who doesn't -- doesn't talk. It has nothing to do with the case. It just has to do with Mom and I and some decisions that we have to make.

2661:18:20

AUDIO RECORDING: (Unintelligible.)

2671:18:21

DONNA ADELSON: Yeah, I know you want to bring her up and show her where everything is. If a plane crashed, no one is going to know where anything is or who belongs to what, so I would like her to come up here so she can see it. I don't think that's asking too much. She doesn't live three hours away. Every time she says, Can you do this, can you come here, can you -- everything. How many times do we have plans and "I really can't, I have to cancel, Wendi needs us for this, Wendi needs us to baby-sit.”

So we've been really good nannies, and I guess our job is up because now the boys are older. They can go out with friends and they can do things on their own, so she doesn't need Grandma and Grandpa. Okay. Pretty hurtful. I have one son that I don't speak with, I have one son who's close to being dead, and my daughter, whom I love, is doing this. I don't get it. I don't get it. I said to Harvey, I swear to God, our family was cursed. Absolutely cursed. I don't know how to take care of it anymore.

AUDIO RECORDING: (Unintelligible.)

DONNA ADELSON: (Unintelligible.)

(Phone rings.)

AUDIO RECORDING: Honey, do you want the phone or --

2721:20:05

DONNA ADELSON: I don't. Just click it off. (Unintelligible) e-mails up under our faces so I have to, at night, shut off the sound because it doesn't stop. I'll show you -- I'll show you what we did for our hotel because you need an address to put on the visa.

(Unintelligible conversation.)

(Audio concluded.)

sidebarsidebarEmotional Reactions During Testimony Patrick Sanford Georgia Cappleman

JUDGE EVERETT: If the attorneys can please approach briefly.

(Sidebar conference held as follows:)

JUDGE EVERETT: Mr. Zelman, Ms. Fulford, I just wanted to bring this up out of the presence of the jury. I have instructed your client concerning facial gesturing and displays of emotion. I do not wish to admonish her in front of the jury; however, with the nature of today's testimony, if you need to remind her again to do it, this is your opportunity before I am going to have to start telling her to stop making faces or having emotional outbursts. Do you need to be heard?

MS. FULFORD: We will talk to her again, Judge. But, obviously, this testimony is very emotional for her, so I would request she not be admonished in front of the jury. If we need to send the jury out, that would be our request. But we've spoken to her about it everyday. We'll continue to.

JUDGE EVERETT: The issue where it presents itself, Ms. Fulford, is this: We can't send the jury out with each recording or each witness as the testimony is unfolding. That's why I do not want to do this, but I'm giving you the opportunity to try to get this under control with her so it does not occur.

MS. FULFORD: Okay. Thank you, Judge.

(Sidebar conference concluded.)

DirectDirectPatrick Sanford - Direct (Part 3) Patrick Sanford Georgia Cappleman

JUDGE EVERETT: Ms. Cappleman, you may continue with your examination.

BY MS. CAPPLEMAN:

2841:24:10

MS. CAPPLEMAN: All right. So are you aware of the date that Charlie Adelson was convicted?

2861:24:17

MS. CAPPLEMAN: what was that date?

2871:24:18

PATRICK SANFORD: It was November 6, 2023.

2881:24:22

MS. CAPPLEMAN: And was this recording that we just heard that same day after the conviction?

2891:24:26

PATRICK SANFORD: It is the day after the conviction, on 11/7, November 7.

2901:24:31

MS. CAPPLEMAN: All right. And we hear on this call that there appear to be some plans to potentially go to Vietnam. Are you familiar with that?

2911:24:42
2921:24:42

MS. CAPPLEMAN: And based on this recording, did you do some investigative work to try to look into whether that was, in fact, really going to happen?

2931:24:51
2941:24:51

MS. CAPPLEMAN: Okay. And what did you learn?

2951:24:55

PATRICK SANFORD: we didn't hear the call for a couple days. It was a few days later. But I did check with another government agency to try to find out if there was an international travel planned. And, ultimately, on the 13th I believe it was, I was told that, yes, there was travel plans made.

2961:25:14

MS. CAPPLEMAN: Okay. And were the travel plans to Vietnam?

2971:25:16

PATRICK SANFORD: They were to go through Dubai, then to Vietnam.

2981:25:21

MS. CAPPLEMAN: And is Vietnam, in fact, a non-extradition country?

2991:25:26
3001:25:26

MS. CAPPLEMAN: And is Dubai also non-extradition?

3011:25:29

PATRICK SANFORD: That's correct, it is.

3021:25:29

MS. CAPPLEMAN: Okay. And when was that travel plan supposed to occur?

3031:25:34

PATRICK SANFORD: On the evening of November 13, ‘23.

3041:25:39

MS. CAPPLEMAN: And were you able to intercept the defendant prior to taking off on that airplane?

3051:25:45
3061:25:46

MS. CAPPLEMAN: where did you do that?

3071:25:47

PATRICK SANFORD: At the Miami International Airport right through the gate check as they were boarding the plane, on the -- on the jet bridge is what they call it.

3081:25:57

MS. CAPPLEMAN: And that was on November 13, '23?

3091:26:00

PATRICK SANFORD: Yes, ma'am.

3101:26:00

MS. CAPPLEMAN: All right. As part of your apprehension of the defendant, did you seize her cell phone that she was in possession of at the time of her arrest?

3111:26:10
3121:26:10

MS. CAPPLEMAN: All right. And did she willingly allow you to do that?

3131:26:14

PATRICK SANFORD: No, she did not.

3141:26:15

MS. CAPPLEMAN: How did that go?

3151:26:18

MS. FULFORD: Objection, Your Honor.

3161:26:22

MR. ZELMAN: Can we approach?

sidebarsidebarObjection Withdrawn After Clarification Patrick Sanford Georgia Cappleman

JUDGE EVERETT: Please approach.

(Sidebar conference held as follows:)

JUDGE EVERETT: What is the objection being raised?

MS. FULFORD: Excuse us just one moment.

(A pause in the proceeding.)

JUDGE EVERETT: All right. Back on the record.

what is the objection, Ms. Fulford?

MS. FULFORD: I apologize, Judge. There was a communication between Ms. Cappleman and mr. Zelman and I misunderstood the communication, so I withdraw my objection.

(Sidebar conference concluded.)

DirectDirectPatrick Sanford - Direct (Part 3) Patrick Sanford Georgia Cappleman
3261:27:55

JUDGE EVERETT: The objection being withdrawn, Agent Sanford, you can answer the question if you recall what it was.

3271:28:02

MS. CAPPLEMAN: I'll reask it, Judge.

3281:28:04

BY MS. CAPPLEMAN:

3291:28:05

MS. CAPPLEMAN: when you seized the defendant's cell phone, did she physically resist you?

3301:28:12

PATRICK SANFORD: Yes, she did.

3311:28:13

MS. CAPPLEMAN: Could you tell us about the physical resistance that she offered?

3321:28:16

PATRICK SANFORD: Yes. I reached out for the phone, and when I grabbed ahold of it, she pulled it away and said no and then kept holding it away from me, trying to turn away from me. Another officer who was there arresting her actually grabbed her arm and held it, and then we were able to finally take the phone out of her hand, but she was still trying to keep it from us.

3331:28:38

MS. CAPPLEMAN: And pursuant to her arrest, was there a search warrant executed at her residence at the Icon?

3341:28:45

PATRICK SANFORD: There was.

3351:28:46

MS. CAPPLEMAN: And did you handle that or did another agent handle that?

3361:28:50

PATRICK SANFORD: Another police department handled it, locally.

3371:28:53

MS. CAPPLEMAN: And are you familiar with the items that were seized during that search warrant?

3381:28:57
3391:28:58

MS. CAPPLEMAN: Okay. And was there a planner, a 2023 day planner, seized pursuant to that search warrant?

3401:29:05

PATRICK SANFORD: There was.

3411:29:06

MS. CAPPLEMAN: Have you had an opportunity to review that planner?

3421:29:08
3431:29:09

MS. CAPPLEMAN: Okay. was there a planner available for 2014 that was seized at the search warrant?

3441:29:17

PATRICK SANFORD: Not seized at the search warrant, no, ma'am.

3451:29:19

MS. CAPPLEMAN: That planner was provided to the state attorney's office by the defendant's prior counsel, though. Do you recall that?

3461:29:28

PATRICK SANFORD: That's my understanding, yes.

3471:29:29

MS. CAPPLEMAN: And did you review the copy of the 2014 planner, at least whatever was provided to our office by Ms. Adelson's attorney?

3481:29:37

PATRICK SANFORD: That's correct.

3491:29:38

MS. CAPPLEMAN: I'm going to show you what I've marked as State's Exhibit 142.

And some redactions have been made, based on the parties’ agreement. But, other than that, I would ask if those excerpts are fair and accurate.

3501:30:15

PATRICK SANFORD: Yes, they are.

3511:30:16

MS. CAPPLEMAN: Move into evidence State's 142.

3521:30:19

JUDGE EVERETT: Any objection?

3531:30:21

MS. FULFORD: No objection.

3541:30:22

JUDGE EVERETT: State's 142 is admitted.

3551:30:23

(State's Exhibit No. 142 received in evidence.)

3561:30:23

BY MS. CAPPLEMAN:

3571:30:23

MS. CAPPLEMAN: In the 2014 planner, did Mrs. Adelson keep a lot of personal information and identifying information for members of her family and even, I think, some friends in there, too?

3581:30:38
3591:30:39

MS. CAPPLEMAN: Okay. And as part of that information in the 2014 planner, did you locate any information specific to Dan Markel's vehicle?

3601:30:59
3611:30:59

MS. CAPPLEMAN: what information was that?

3621:31:02

PATRICK SANFORD: It's the '08 Accord on the left middle of the page. Right there. It's the ‘08 Accord, and the tag number is 584YBM.

3631:31:14

MS. CAPPLEMAN: That's Dan Markel's tag number at the time of his murder?

3641:31:17
3651:31:18

MS. CAPPLEMAN: Same vehicle that the killers pursued?

3661:31:21

PATRICK SANFORD: That's correct.

3671:31:22

MS. CAPPLEMAN: The flight that the defendant was attempting to board at the time of her arrest, is that a one-way flight or a round-trip flight?

3681:31:33

PATRICK SANFORD: It was a one-way flight.

3691:31:34

MS. CAPPLEMAN: No further questions.

3701:31:37

JUDGE EVERETT: Cross-examination?

MS. FULFORD: Can we have just a moment, please?

(A pause in the proceeding.)

3731:33:27

JUDGE EVERETT: Members of the jury, before we move into the cross-examination, does anyone need to use the restroom? No hands have been raised.

3741:33:37

MS. FULFORD: we would request a brief recess, please.

3751:33:39

JUDGE EVERETT: That's fine.

The bailiff will take you to the jury room. Even though not requested, please use the restroom at this time.

3761:34:17

(Jury exits.)

3771:34:18

JUDGE EVERETT: we'll take a break for a few minutes until 10:20. If anyone does need to use the restroom or stretch your legs, this is your opportunity at this point.

Bailiffs, if Mrs. Adelson does need to use the restroom as well, please take her at this time.

(A recess in the proceeding.)

JUDGE EVERETT: Please bring in the jurors.

MS. CAPPLEMAN: Judge, I need to clear up an issue with my questioning, so defense has agreed to let me ask a couple more questions before they start.

JUDGE EVERETT: How many more?

MS. CAPPLEMAN: I'm not going to fall for that trap.

JUDGE EVERETT: well, I wouldn't call it a trap.

MS. CAPPLEMAN: Less than 10.

JUDGE EVERETT: Agent Sanford is going to need a vacation by the time his examination has concluded.

PATRICK SANFORD: Thank you, Judge.

(Jury enters.)

3881:50:51

JUDGE EVERETT: Members of the jury, before the cross-examination begins, the State is going to ask one additional matter -- or a few additional matters to Agent Sanford.

You may inquire.

3891:51:04

BY MS. CAPPLEMAN:

3901:51:05

MS. CAPPLEMAN: Agent Sanford, apparently, I managed to confuse and/or misspeak regarding the planners. So the planners are a physical book that contain handwritten notes, correct?

3911:51:18

PATRICK SANFORD: Correct. It's like a yearly calendar that has days, individual days on it, that you can write notes under each day.

3921:51:24

MS. CAPPLEMAN: And the planner that was seized -- or at least one of the planners that was seized at the search warrant in 2023 was the 2023 planner, correct?

3931:51:35

PATRICK SANFORD: That's correct.

3941:51:35

MS. CAPPLEMAN: And that's an item that was seized by another agent, not you?

3951:51:38

PATRICK SANFORD: That's correct.

3961:51:39

MS. CAPPLEMAN: Okay. But you also came into possession of the 2014 planner, which is the planner from the year of the murder, right?

3971:51:47

PATRICK SANFORD: Yes, ma'am.

3981:51:48

MS. CAPPLEMAN: And some or all of that planner was provided by Mrs. Adelson's prior attorney?

3991:51:54
4001:51:55

MS. CAPPLEMAN: Not pursuant to the search warrant?

4011:51:57

PATRICK SANFORD: That's correct.

4021:51:58

MS. CAPPLEMAN: Okay. And it is in that planner from 2014 where Dan Markel's tag number was recorded?

4031:52:07

PATRICK SANFORD: Yes, ma'am, that's correct.

4041:52:08

MS. CAPPLEMAN: And on that exhibit, State's Exhibit 142, it's very small but I am able to see the year here on the front page, 2014, right?

4051:52:29

PATRICK SANFORD: Yes, ma'am.

4061:52:32

MS. CAPPLEMAN: July ‘14. It's showing you, like, the next upcoming months?

4071:52:34
4081:52:34

MS. CAPPLEMAN: This is for June?

4091:52:36

PATRICK SANFORD: That's correct.

4101:52:37

MS. CAPPLEMAN: Okay. But in the very back of that planner, there's a place for names and addresses and notes. Is that where you located the information regarding Dan Markel's tag number?

4111:52:50

PATRICK SANFORD: That's correct. It's after all the calendar months is the Notes section in the back.

4121:52:56

MS. CAPPLEMAN: Thank you, Judge. That's all.

Continue to next page2.Patrick Sanford - Cross/Redirect