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Donna Adelsontrial-daytrial-dayGeorgia CapplemanSarah Kathryn DuganJackie L. FulfordJoshua D. ZelmanJosh TurnerKelsey GuayAnn Elizabeth CunninghamRon GuttersonTim KellyTarana KhanRichard ShagranEddie VarnessidebardirectcrossredirectrecrossDay 7 - September 2, 2025The court denied the defense acquittal motion as the defense presented travel, communications, and jail-video testimony.
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Day 7 - September 2, 2025

Acquittal Motion Denied; Defense Presents Communications and Jail-Video Testimony

Judge Stephen S. Everett
39Proceedings
10Pages
8Witnesses
2,065Lines
11Sidebars
Day 7 of 9
Appearing:

The court denied the defense acquittal motion as the defense presented travel, communications, and jail-video testimony.

Full day summary

The court denied Donna Adelson's motion for judgment of acquittal on the first-degree murder and solicitation counts after hearing the parties' arguments. The defense then called friends and investigators who addressed the Adelsons' travel plans, communications, family circumstances, and interviews of Patricia Byrd. Digital-forensics examiner Kelsey Guay testified about her review of call records, including duplicate-record issues, carrier-data limitations, and July 18, 2014 activity. Detective Josh Turner authenticated and described a silent jail-pod video involving Donna Adelson and Drina Bernhardt; on cross-examination, he discussed Bernhardt's reported instructions concerning notebook material, while redirect emphasized that the video contained no audible conversation.

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1. Defense Motion for Judgment of Acquittal

The court denied the defense motion for judgment of acquittal on the murder and solicitation counts after the State rested.

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Procedural
Defense Motion for Judgment of Acquittal on Counts 1 and 3 (Resumed)
3 lines

The court resumed after the State rested and turned to potential defense mid-trial motions.

sidebar
Coconspirator Statements Admissibility
13 lines

The parties addressed whether coconspirator statements, including statements attributed to Charlie Adelson, met the requirements for admission.

Procedural
Defense Motion for Judgment of Acquittal on Counts 1 and 3
27 lines

The court denied the defense request for judgment of acquittal on Counts 1 and 3 after hearing competing arguments over the sufficiency of the State's evidence.

sidebar
Former Counsel and Late Witnesses
51 lines

The parties discussed privilege waiver and cross-examination limits for former counsel, defense scheduling, and newly identified jail-related witnesses.

Procedural
Defense Motion for Judgment of Acquittal on Counts 1 and 3 (Resumed)
3 lines

The jury returned to the courtroom and was seated.

2. Ann Elizabeth Cunningham — Direct/Cross/Redirect

Ann Elizabeth Cunningham, a longtime friend called by the defense, testified about Donna Adelson's statements and demeanor, while cross-examination focused on her uncertain recollection of the custody dispute, alleged extortion, and timing of related conversations.

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Direct
Ann Elizabeth Cunningham - Direct Ann Elizabeth Cunningham Jackie L. Fulford
372 lines

A longtime friend described Mrs. Adelson's character and distress, while the court limited hearsay offered to explain Mrs. Adelson's state of mind and travel.

4 sidebars inside this proceeding
  1. Character Evidence and RebuttalThe parties discussed whether a defense witness could offer character-related testimony and what other evidence the witness could provide about the time of the murder.
  2. Foundation for Defendant StatementsThe parties discussed whether a statement made the night of the killing could be offered to show the defendant's state of mind.
  3. Travel State-of-Mind TestimonyThe sidebar addressed limits on penalty-related questioning and whether testimony about the defendant's travel plans and state of mind could be admitted.
  4. Vietnam Trip TestimonyThe parties discussed whether testimony about Mrs. Adelson's stated reason for going to Vietnam could be offered without her testimony.
Cross
Ann Elizabeth Cunningham - Cross Ann Elizabeth Cunningham Georgia Cappleman
129 lines

Cunningham's cross-examination tested her recollection of alleged extortion and highlighted her continuing belief that the Adelsons were innocent.

Redirect
Ann Elizabeth Cunningham - Redirect Ann Elizabeth Cunningham Jackie L. Fulford
31 lines

Cunningham said Donna did not describe writing checks or being extorted and said she planned to return for L.A.'S bar mitzvah.

3. Ron Gutterson — Direct/Cross

Ron Gutterson testified for the defense about the Adelsons' travel, their use of his Naples home after Charlie Adelson's conviction, and his communications with Harvey Adelson.

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Direct
Ron Gutterson - Direct Ron Gutterson Joshua D. Zelman
70 lines

A longtime friend described the Adelsons' distress after Charlie's conviction, temporary travel plans, and a temporary rental-property assistance arrangement.

Cross
Ron Gutterson - Cross Ron Gutterson Georgia Cappleman
43 lines

Gutterson agreed a warrant could affect a return trip and said his discussions about requested assistance were with Harvey, not Donna.

4. Kelsey Guay — Direct/Cross/Redirect/Recross

Defense digital-forensics examiner Kelsey Guay continued explaining how duplicate or network-generated call-record rows could affect communication totals. Cross-examination addressed cell-site mapping, Donna Adelson's July 18 phone records, and Guay's review of calls and data sessions before she was excused.

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Direct
Kelsey Guay - Direct Kelsey Guay Joshua D. Zelman
183 lines

Digital-forensics examiner Kelsey Guay challenged frequency-chart totals in Adelson call records and gave limited cell-site testimony for July 18, 2014.

Cross
Kelsey Guay - Cross Kelsey Guay Sarah Kathryn Dugan
166 lines

Guay confirmed parts of the State's phone-record analysis, found no July 18 call to the identified Annie Cunningham number, and described her defense-paid fees.

1 sidebar inside this proceeding
  1. Impeachment Through Donna Adelson RecordsThe parties debated whether questions about Annie Cunningham and July 18 records could be used to challenge testimony concerning Donna Adelson's records.
Redirect
Kelsey Guay - Redirect Kelsey Guay Joshua D. Zelman
46 lines

Guay explained that carrier records do not identify app-based calls and said Donna Adelson's phone had July 18 data sessions.

sidebar
Clarifying Voice Calls and WhatsApp Kelsey Guay Sarah Kathryn Dugan
11 lines

The sidebar addressed a proposed clarifying question distinguishing ordinary phone calls from third-party application calls after cross-examination.

Recross
Kelsey Guay - Recross Kelsey Guay Sarah Kathryn Dugan
6 lines

Guay said Donna Adelson used her phone for ordinary voice calls with other people on July 18, 2014.

Redirect
Kelsey Guay - Re-redirect Kelsey Guay Joshua D. Zelman
14 lines

Guay testified that Mrs. Adelson's records showed three calls between 8:30 p.m. and 1:00 a.m. on July 18, 2014.

Procedural
Lunch Break
14 lines
sidebar
Potential Witness Disclosure Timing
28 lines

The defense sought time to assess a newly identified potential witness before deciding whether to disclose and call the person, while the court discussed the anticipated afternoon witness schedule.

Procedural
Lunch Break (Resumed)
3 lines

6. Richard Shagran — Direct/Cross/Redirect

Richard Shagran described the Adelsons' distress after Charlie Adelson's conviction, their concerns about media attention, and his role in suggesting travel arrangements.

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Direct
Richard Shagran - Direct Richard Shagran Joshua D. Zelman
75 lines

A longtime friend described the Adelsons' distress after Charlie's conviction and said he helped explain their November 2023 travel planning.

Cross
Richard Shagran - Cross Richard Shagran Georgia Cappleman
27 lines

Cappleman tested Shagran's account of suggesting a one-way flight against his prior deposition description of his role as a technology conduit.

Redirect
Richard Shagran - Redirect Richard Shagran Joshua D. Zelman
31 lines

Shagran said he made travel suggestions for the Adelsons but did not make their decisions.

7. Tarana Khan — Direct/Cross/Redirect

Defense investigator Tarana Khan denied that Patricia Byrd reported any proposed benefit or confession from Donna Adelson during a January 2025 jail interview.

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Direct
Tarana Khan - Direct Tarana Khan Joshua D. Zelman
81 lines

Defense investigator Tehronna Khan denied that her interview with Patricia Byrd involved alleged benefits from Donna Adelson or a confession.

Cross
Tarana Khan - Cross Tarana Khan Sarah Kathryn Dugan
32 lines

Khan said her unrecorded jail interview with Ms. Byrd was conducted at defense counsel's direction and without a request to record it.

Redirect
Tarana Khan - Redirect Tarana Khan Joshua D. Zelman
13 lines

Khan said she took handwritten notes during her interview with Ms. Byrd and could have produced them through discovery.

8. Eddie Varnes — Direct/Cross/Redirect

Defense investigator Eddie Varnes described an unrecorded August 2024 jail interview with Patricia Byrd and reaffirmed what she told him.

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Direct
Eddie Varnes - Direct Eddie Varnes Joshua D. Zelman
80 lines

Defense investigator Eddie Varnes described an unrecorded 2024 jail interview with Patricia Byrd and testified that she did not attribute offers, a confession, or instructions to Donna Adelson.

Cross
Eddie Varnes - Cross Eddie Varnes Sarah Kathryn Dugan
49 lines

The State examined why Eddie Varnes's interview with Patricia Byrd was unrecorded and what follow-up he took afterward.

Redirect
Eddie Varnes - Redirect Eddie Varnes Joshua D. Zelman
30 lines

Varnes reaffirmed his account of Patricia Byrd's statements and said he understood she had been listed as a defense witness by prior counsel.

9. Tim Kelly — Direct/Cross

Realtor Tim Kelly testified about Dan Markel's 2011 request to find Tallahassee homes for Donna and Harvey Adelson.

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sidebar
Next Witness Courtroom Presence
14 lines

The court addressed whether the next witness was a fact witness and why he had been present in the courtroom.

Procedural
Sequestration Dispute — Tim Kelly Courtroom Presence
13 lines
Direct
Tim Kelly - Direct Tim Kelly Jackie L. Fulford
55 lines

Realtor Tim Kelly described a 2011 Tallahassee home search for Donna and Harvey Adelson and said prior courtroom testimony did not affect his account.

Cross
Tim Kelly - Cross Tim Kelly Sarah Kathryn Dugan
20 lines

Kelly confirmed the 2011 timing of a home search for Donna and Harvey Adelson.

10. Josh Turner — Direct/Cross/Redirect

Detective Josh Turner authenticated silent jail-video footage showing Drina Bernhardt and Donna Adelson exchanging papers and writing; he could not hear their conversation or identify what Adelson wrote.

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Direct
Josh Turner - Direct Josh Turner Joshua D. Zelman
154 lines

Detective Josh Turner authenticated a silent jail video showing Bernhardt and Mrs. Adelson conversing and writing, while the defense emphasized that its content could not be determined.

Cross
Josh Turner - Cross Josh Turner Georgia Cappleman
70 lines

Turner connected Bernhardt's reported notebook instructions to the jail video, while acknowledging he was not a handwriting expert.

Redirect
Josh Turner - Redirect Josh Turner Joshua D. Zelman
19 lines

Turner agreed the jail video had no audible discussion and testified that the State Attorney's Office collected materials Drina brought to its meeting.

sidebar
Defense Witness and Testimony Scheduling Josh Turner Joshua D. Zelman
21 lines

The court and counsel discussed the remaining defense witnesses, time to review admitted exhibits with the defendant, and notice and deposition planning for a possible new witness.

Procedural
End-of-Day Recess — Sequestration Admonition
6 lines
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