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Donna Adelson transcript transcript Ann Elizabeth Cunningham — Direct/Cross/Redirect - Day 7 - Donna Adelson Defense calls Ann Elizabeth Cunningham, a retired teacher and close friend of Donna Adelson, who testifies about Donna's emotional state on the day of the shooting, her use of encrypted messaging apps, and her distress after Charlie Adelson's conviction. Cross-examination by Cappleman surfaces inconsistencies about the Vietnam trip, Donna's statement about her bar mitzvah dress, and Cunningham's shifting account of who was being extorted by Katherine Magbanua. Redirect attempts to repair those inconsistencies on three points. Georgia CapplemanJackie L. FulfordStephen EverettAnn Elizabeth CunninghamJudge EverettAnn Elizabeth CunninghamMs. FulfordMs. Capplemandirectcrossredirect
Donna Adelson / Day 7 / September 2, 2025
10 pages · 8 witnesses · 1,749 lines
Defense calls Ann Elizabeth Cunningham, a retired teacher and close friend of Donna Adelson, who testifies about Donna's emotional state on the day of the shooting, her use of encrypted messaging apps, and her distress after Charlie Adelson's conviction. Cross-examination by Cappleman surfaces inconsistencies about the Vietnam trip, Donna's statement about her bar mitzvah dress, and Cunningham's shifting account of who was being extorted by Katherine Magbanua. Redirect attempts to repair those inconsistencies on three points.
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DirectCrossRedirect

Ann Elizabeth Cunningham — Direct/Cross/Redirect

Georgia Cappleman Jackie L. Fulford Ann Elizabeth Cunningham
396 lines
Proceedings
Direct Ann Elizabeth Cunningham - Direct Line 1
Cross Ann Elizabeth Cunningham - Cross Line 270
Redirect Ann Elizabeth Cunningham - Redirect Line 374
Direct Ann Elizabeth Cunningham Jackie L. Fulford
1 35:47

JUDGE EVERETT: Be seated.

2 37:25

JUDGE EVERETT: Good morning, members of the jury. I hope everyone had a good, restful, long weekend. At this point in time, we are going to begin with the defense's case in chief.

3 37:39

JUDGE EVERETT: Mr. Zelman, you may call the defense's first witness.

4 37:58

JUDGE EVERETT: Please raise your right hand. Do you swear or affirm the testimony you're about to give will be the truth?

5 38:04

ANN ELIZABETH CUNNINGHAM: Yes, I do.

6 38:05

JUDGE EVERETT: You may take your seat.

7 38:06

JUDGE EVERETT: Please speak loudly and clearly. You can adjust the microphone as you do.

8 38:09

MS. FULFORD: Good morning. Just pull that microphone a little over closer to you. There you go. Okay.

9 38:21

ANN ELIZABETH CUNNINGHAM: Yes, yes ma'am. Okay.

10 38:23

MS. FULFORD: If you could tell us your name and then spell it for the court reporter.

11 38:27

ANN ELIZABETH CUNNINGHAM: My name is Ann Elizabeth Cunningham. A-N-N, E-L-I-Z-A-B-E-T-H, Cunningham, C-U-N-N-I-N-G-H-A-M.

12 38:40

MS. FULFORD: Thank you. Ms. Cunningham, you're aware why we're here today, correct?

13 38:43

ANN ELIZABETH CUNNINGHAM: Yes, ma'am.

14 38:45

MS. FULFORD: Okay. I don't want your address, but where do you live?

15 38:48

ANN ELIZABETH CUNNINGHAM: I live in Naples, Florida and New Jersey.

16 38:52

MS. FULFORD: Okay. So you spend some time in New Jersey during the year and some time in the state of Florida?

17 38:56

ANN ELIZABETH CUNNINGHAM: That is correct.

18 38:57

MS. FULFORD: All right. And tell us, what did you do? Are you retired?

19 39:01

ANN ELIZABETH CUNNINGHAM: Yes, I am.

20 39:02

MS. FULFORD: Okay. And what did you do for your career?

21 39:04

ANN ELIZABETH CUNNINGHAM: I was a teacher, a special education teacher.

22 39:06

MS. FULFORD: Okay. Do you know Donna Adelson?

23 39:08

ANN ELIZABETH CUNNINGHAM: Yes, I do.

24 39:09

MS. FULFORD: And how long have you known Ms. Adelson?

25 39:11

ANN ELIZABETH CUNNINGHAM: Since 2009.

26 39:13

MS. FULFORD: Okay, and how is it that the two of you met?

27 39:16

ANN ELIZABETH CUNNINGHAM: Excuse me?

28 39:16

MS. FULFORD: How did you meet?

29 39:18

ANN ELIZABETH CUNNINGHAM: We met when my life partner and I drove to Florida and arrived on Christmas Eve, and the only place that was open was a Chinese restaurant, and he bit into a spare rib and cracked his tooth.

30 39:32

MS. FULFORD: Okay.

31 39:32

ANN ELIZABETH CUNNINGHAM: So he actually went to high school with Harvey, and Harvey was a practicing dentist at the time.

32 39:38

MS. FULFORD: Okay. And what is his name?

33 39:40

ANN ELIZABETH CUNNINGHAM: Ronald Gutterson.

34 39:41

MS. FULFORD: Okay. And so he cracked his tooth — and what happened?

35 39:44

ANN ELIZABETH CUNNINGHAM: And he called a mutual friend from high school also, and said, who do we know in South Florida who can help me? And our friend mentioned Harvey's name, and we called him, and he came in the next day to treat Ronnie.

36 40:00

MS. FULFORD: Okay. And when you said they went to high school together, that wasn't in Florida, right?

37 40:04

ANN ELIZABETH CUNNINGHAM: No, it was in Manhattan, New York.

38 40:06

MS. FULFORD: Okay, all right, very good. So he was able to take care of Ron?

39 40:10

ANN ELIZABETH CUNNINGHAM: Yes, he made a special trip. It was Christmas Day to come in and care for him.

40 40:14

MS. FULFORD: Okay. And then how did that lead to you meeting Mrs. Adelson?

41 40:18

ANN ELIZABETH CUNNINGHAM: When Ron returned, he said that he had met — he had re-met a former high school classmate of his, and that he was a very lovely man, and that he thought it would be very nice if maybe we had dinner together with his wife.

42 40:32

MS. FULFORD: And did you do that?

43 40:33

ANN ELIZABETH CUNNINGHAM: We did.

44 40:33

MS. FULFORD: Okay. And from there, did you develop a strong friendship?

45 40:36

ANN ELIZABETH CUNNINGHAM: We did. We all got along very well and developed a friendship.

46 40:41

MS. FULFORD: Okay. And when you spent your time in Florida, was that Naples at that point?

47 40:45

ANN ELIZABETH CUNNINGHAM: No, it was in southeast Florida, Aventura.

48 40:49

MS. FULFORD: All right. And was that closer to where the Adelsons were living at that time?

49 40:52

ANN ELIZABETH CUNNINGHAM: Yes, it was.

50 40:53

MS. FULFORD: Okay. So did you spend quite a bit of time together?

51 40:55

ANN ELIZABETH CUNNINGHAM: We did.

52 40:55

MS. FULFORD: Okay. Socializing?

53 40:57

ANN ELIZABETH CUNNINGHAM: We did.

54 40:57

MS. FULFORD: Did you travel together at all?

55 40:59

ANN ELIZABETH CUNNINGHAM: Quite often.

56 41:00

MS. FULFORD: Okay. So you had a lot of contact over the years?

57 41:03

ANN ELIZABETH CUNNINGHAM: Very much so.

58 41:04

MS. FULFORD: Okay. Did you have the opportunity to speak to her on the telephone when you were away in New Jersey?

59 41:11

ANN ELIZABETH CUNNINGHAM: Absolutely.

60 41:12

MS. FULFORD: Okay. Would you say you had regular contact?

61 41:13

ANN ELIZABETH CUNNINGHAM: Regular contact.

62 41:13

MS. FULFORD: Okay. I'm going to tell you, this nice young lady over here, she's typing every word that we're saying, and I have a bad habit of talking over people, and she will shoot me if I do that.

63 41:25

ANN ELIZABETH CUNNINGHAM: And I have a bad habit of speaking quickly.

64 41:28

MS. FULFORD: So you and I are gonna need to make sure we wait until the other person finishes before we start to speak, okay? So, you had regular phone contact with Mrs. Adelson while you were in New Jersey each year?

66 41:40

MS. FULFORD: And then spending time together while you were in Florida?

68 41:44

MS. FULFORD: And you said it started out in Aventura, Florida, and that was close to where she lived. At some point you got your home then in Naples — that's correct?

70 41:56

MS. FULFORD: Okay, but still continued to spend time with the Adelsons?

72 42:01

MS. FULFORD: Okay. Did you have an opportunity to meet her children?

73 42:01

ANN ELIZABETH CUNNINGHAM: Yes, I did. I met two of her children.

74 42:03

MS. FULFORD: And who were they?

75 42:04

ANN ELIZABETH CUNNINGHAM: I met Wendi.

76 42:05

MS. FULFORD: Okay.

77 42:06

ANN ELIZABETH CUNNINGHAM: And I met Charlie.

78 42:07

MS. FULFORD: Okay. Did you have an opportunity with the Adelsons to spend time with Wendi, her children, and Danny?

80 42:15

MS. FULFORD: Okay. And you never met Rob?

82 42:18

MS. FULFORD: Okay, all right. How would you best describe Donna Adelson and what you've come to know of her over these many years?

83 42:28

JUDGE EVERETT: Sustained.

84 42:29

MS. FULFORD: May we approach?

85 42:30

JUDGE EVERETT: You may.

86 42:31

MS. FULFORD: Thank you.

87 42:32

JUDGE EVERETT: The objection is overruled. On the four grounds — as to the relevance, let's move to that. Ms. Fulford?

88 44:51

MS. FULFORD: Thank you, Judge. With respect to Mrs. Adelson and your observations of her over these — I guess 15 years — have you found her to be a hateful person?

89 45:01

ANN ELIZABETH CUNNINGHAM: Never.

90 45:02

MS. FULFORD: Is she aggressive towards others?

91 45:05

ANN ELIZABETH CUNNINGHAM: Never.

92 45:05

MS. FULFORD: Have you ever heard her threaten anyone?

93 45:07

ANN ELIZABETH CUNNINGHAM: Never.

94 45:08

MS. FULFORD: Have you ever seen her harm anyone?

95 45:09

ANN ELIZABETH CUNNINGHAM: Never.

96 45:10

MS. FULFORD: Have you ever heard her threaten to have somebody harmed?

98 45:14

MS. FULFORD: Did she ever make statements to you — well, let me ask you this first. You were friends with her, obviously, when Wendi was going through her divorce?

100 45:21

MS. FULFORD: During that time period through the divorce, and up to the time that Danny Markel was killed, you're aware that he was murdered?

102 45:29

MS. FULFORD: Okay. At any time during that period, did she ever say she wanted to have Danny Markel killed?

104 45:34

MS. FULFORD: Ever say she wanted him to be harmed?

106 45:36

MS. FULFORD: She got upset, correct? Okay. And how is it that she displayed her anger over that situation?

107 45:42

ANN ELIZABETH CUNNINGHAM: She would be frustrated and then she would calm down, and she told me that she can't say what she said yesterday.

108 45:54

MS. FULFORD: Okay. But during that time period, did she ever do anything other than vent to you about it?

110 46:02

MS. FULFORD: Did she ever claim she was going to do anything?

112 46:04

MS. FULFORD: Okay. Would you say that she is supportive of her children?

114 46:04

MS. FULFORD: Okay. And she is — she's Jewish. Are you as well?

115 46:04

ANN ELIZABETH CUNNINGHAM: Yes, I am.

116 46:04

MS. FULFORD: Okay. Did you find her parenting consistent with the traditions of raising Jewish children?

118 46:30

MS. FULFORD: Okay. There's — been some testimony that she kind of managed her kids' lives. Did she give them advice?

120 46:36

MS. FULFORD: Did the children, as they were adults, make up their own minds about what they wanted to do?

121 46:40

ANN ELIZABETH CUNNINGHAM: Absolutely.

122 46:40

MS. FULFORD: Okay. Now you indicated that you would talk on the phone with Ms. Adelson. Did you use home phones to do that during some of the period of time?

123 46:51

ANN ELIZABETH CUNNINGHAM: Pardon me, I'm sorry?

124 46:52

MS. FULFORD: Home phones, like landlines.

125 46:53

ANN ELIZABETH CUNNINGHAM: Sometimes.

126 46:54

MS. FULFORD: Okay. Did you use cell phones?

127 46:55

ANN ELIZABETH CUNNINGHAM: Many times.

128 46:55

MS. FULFORD: Okay. Did you travel with Harvey and Donna Adelson?

129 47:00

ANN ELIZABETH CUNNINGHAM: Many times.

130 47:01

MS. FULFORD: Okay. And as part of your travel, did you go overseas?

132 47:04

MS. FULFORD: And in your travel overseas, did you ever use any of the applications that you can put on your phone?

134 47:11

MS. FULFORD: Okay. And do you recall which applications you all used?

135 47:15

ANN ELIZABETH CUNNINGHAM: WhatsApp and Viber.

136 47:17

MS. FULFORD: And what was the purpose of using those?

137 47:21

ANN ELIZABETH CUNNINGHAM: Because you didn't get charged, you know, and also to keep in communication if you are on a cruise or on a land trip — where are you, where are you, when are we meeting — just because they were free.

138 47:32

MS. FULFORD: Okay. It was easy. So while you're overseas, instead of having to pay increased rates on your cellular plan from the United States, you could use this app for free?

140 47:44

MS. FULFORD: Did you use those apps with Mrs. Adelson to hide any information from law enforcement, like encrypted, so that they wouldn't know what was going on?

142 47:52

MS. FULFORD: Okay. I want to talk to you — I'll lead you forward to the date that Danny Markel was murdered. That was July the 18th of 2014.

143 48:03

MS. FULFORD: Do you recall speaking to Mrs. Adelson on that date?

144 48:06

ANN ELIZABETH CUNNINGHAM: Yes, I do.

145 48:07

MS. FULFORD: Okay. And can you explain to us how you were contacted and the nature of the conversation?

146 48:14

ANN ELIZABETH CUNNINGHAM: I was called and Donna was quite hysterical.

147 48:18

MS. FULFORD: Okay.

148 48:19

ANN ELIZABETH CUNNINGHAM: And she said to me, Danny's been shot.

149 48:22

JUDGE EVERETT: Do not speak to what anyone said out of court, ma'am.

150 48:26

MS. FULFORD: Your Honor, may we approach, please?

151 52:18

MS. FULFORD: Before we — talk about what she might have said to you at the time that you spoke to Mrs. Adelson, was it the day that Danny was murdered?

152 52:27

ANN ELIZABETH CUNNINGHAM: When he was shot, yes.

153 52:29

MS. FULFORD: Okay. And yeah, I use "murdered" because obviously he didn't pass away until the next day, but he was shot and barely surviving on the 18th. So that's when I refer to that — that's why I say that date. Okay. So when you spoke to her, did she call you or did you call her, do you recall?

154 52:46

ANN ELIZABETH CUNNINGHAM: She called me.

155 52:47

MS. FULFORD: Okay. And when she called you, did she appear to be upset?

157 52:51

MS. FULFORD: Was she crying?

159 52:53

MS. FULFORD: Was her tone of voice, based on your knowledge of her for the 15 years — did she seem to be upset?

161 53:00

MS. FULFORD: Okay. Did she seem to be at a point in time where she had just learned what had occurred?

163 53:06

MS. FULFORD: Did she indicate to you whether she had just learned that this had happened?

165 53:09

MS. FULFORD: Okay. She did? I'm sorry?

166 53:12

ANN ELIZABETH CUNNINGHAM: Yes, she did.

167 53:12

MS. FULFORD: Okay. And during the course of your discussion with her about what had transpired, did she continue with this state of mind — that she was upset?

169 53:21

MS. FULFORD: Okay. And while she was upset, what did she indicate to you?

170 53:25

ANN ELIZABETH CUNNINGHAM: She told me that Danny had been shot, and that they were going to Tallahassee, and that she was very concerned and worried about Wendi and the boys, whether they were in danger. And she did not know who had shot him.

171 53:41

MS. FULFORD: Okay. And did she indicate whether she was concerned about Danny and him being in the hospital?

172 53:46

ANN ELIZABETH CUNNINGHAM: Absolutely.

173 53:47

MS. FULFORD: Okay. Did she indicate whether she had plans to go to see him at the hospital?

174 53:53

ANN ELIZABETH CUNNINGHAM: I don't recall.

175 53:55

MS. FULFORD: Okay. During the time that you had this conversation with her, was this the only time that you spoke to her that evening?

176 54:01

ANN ELIZABETH CUNNINGHAM: I believe so. Maybe one more time.

177 54:04

MS. FULFORD: Okay. And is it your understanding from later discussions with her that she and her husband Harvey actually did come to Tallahassee?

179 54:14

MS. FULFORD: Okay. Did you have an opportunity to speak with her later on while she was in Tallahassee?

181 54:19

MS. FULFORD: Okay. And did she provide any information to you about a memorial service that took place?

183 54:26

MS. FULFORD: Okay. And did she tell you what had transpired at the memorial service?

184 54:31

ANN ELIZABETH CUNNINGHAM: She told me it was incredibly sad and painful and wrenching.

185 54:37

MS. FULFORD: Okay. And at the time that she was telling you this, was she still very upset about what had happened?

187 54:43

MS. FULFORD: Okay. I want to go forward just a little, to a point in time.

188 54:56

MS. FULFORD: Did you continue to stay in contact with Mrs. Adelson and her husband from the time that Danny was murdered moving forward?

190 55:05

MS. FULFORD: Okay. And you were aware at some point that her son, Charlie Adelson, who you said you had met, was arrested?

191 55:11

ANN ELIZABETH CUNNINGHAM: Yes, I was.

192 55:12

MS. FULFORD: In the case.

194 55:13

MS. FULFORD: Okay. And did you keep up with the case against Charlie in social media or news or anything?

196 55:20

ANN ELIZABETH CUNNINGHAM: I really don't do social media, and of course it was on the news.

197 55:27

MS. FULFORD: Okay. Did you watch it on the news?

198 55:30

ANN ELIZABETH CUNNINGHAM: As little as possible.

199 55:32

MS. FULFORD: Okay. There came a time that Charlie Adelson was on trial for the charges against him. Were you aware of that?

201 55:39

MS. FULFORD: Okay. At that time period, in speaking to Mr. and Mrs. Adelson, was it brought to your attention that at some point — did you allow Mr. and Mrs. Adelson to stay in your home in Naples?

202 55:55

ANN ELIZABETH CUNNINGHAM: Yes, I did.

203 55:56

MS. FULFORD: For the purpose of watching the trial?

205 55:58

MS. FULFORD: Okay. And are you aware that they actually did stay there for a good portion of the trial?

207 56:03

MS. FULFORD: All right. And at some point moving forward, did you become aware that Charlie Adelson was convicted of the offenses with which he was charged?

209 56:13

MS. FULFORD: Were you aware that — well, you knew their grandchildren, both of their grandchildren from Danny, correct?

210 56:34

ANN ELIZABETH CUNNINGHAM: Yes, yes.

211 56:34

MS. FULFORD: Okay. Were you aware that there was a bar mitzvah planned for the younger one in January of 2023?

212 56:44

ANN ELIZABETH CUNNINGHAM: No, 2024.

213 56:46

MS. FULFORD: Yes. Okay.

214 56:47

MS. FULFORD: And did you actually attend that?

216 56:49

MS. FULFORD: Okay. Did there come a point in time, where after the verdict, that you spoke to Mrs. Adelson about what in the world she was going to do?

218 57:11

MS. FULFORD: Okay. And did she discuss with you that she had planned —

219 57:11

MS. CAPPLEMAN: The answer would call for hearsay.

220 57:11

JUDGE EVERETT: Do you have an exception to offer concerning this?

221 57:11

MS. FULFORD: It's going to go to her state of mind, Judge.

222 57:11

JUDGE EVERETT: You need to lay the foundation as to why this specifically would go to state of mind.

223 57:11

MS. FULFORD: Thank you. So could you explain to us the behavior — how Mrs. Adelson was acting at the time? Don't tell us what she said yet, but how was she portraying herself at that time? Was she upset?

225 57:15

MS. FULFORD: Okay. Did she — how did she express that to you, that she was upset? Not in words, just your observations.

226 57:15

ANN ELIZABETH CUNNINGHAM: Hearing her on the phone, etc., she cried a lot.

227 57:15

MS. FULFORD: Okay. She —

228 58:00

ANN ELIZABETH CUNNINGHAM: — was very concerned about Harvey.

229 58:03

MS. FULFORD: Okay.

230 58:03

ANN ELIZABETH CUNNINGHAM: Very concerned about Charlie.

231 58:05

MS. FULFORD: Okay.

232 58:06

ANN ELIZABETH CUNNINGHAM: And just incredibly sad.

233 58:06

MS. FULFORD: Okay. And during the time that she was sad and worried about Harvey and Charlie now that he's going to prison for life — you know that?

235 58:20

MS. FULFORD: All right. So during that — when she's having these emotions — did she tell you that she was planning on trap—

236 1:02:05

JUDGE EVERETT: In terms of the jury, we are going to take a brief break before we continue with the direct examination of this witness. The bailiff will take you to the jury room.

237 1:02:12

JUDGE EVERETT: Ms. Cunningham, you may step down. Please step outside the doors. Don't discuss your testimony with any other person.

238 1:02:28

JUDGE EVERETT: Everyone can be seated.

239 1:02:49

JUDGE EVERETT: We'll resume with the testimony.

240 1:02:52

JUDGE EVERETT: We'll try to at least within the next five minutes. That should give the defense an opportunity to confer with the defendant.

241 1:02:59

JUDGE EVERETT: If anyone needs to use the restroom or stretch your legs, please do so now.

242 1:03:02

JUDGE EVERETT: You can check how many jurors are still using the restroom.

243 1:18:30

JUDGE EVERETT: The objection is overruled. You may continue with your examination of this witness.

244 1:18:34

MS. FULFORD: Thank you.

245 1:18:37

MS. FULFORD: Mrs. Cunningham, we were talking about the fact that you were speaking to Mrs. Adelson after the verdict came out about her son being convicted, correct?

247 1:18:49

MS. FULFORD: Was she upset about that?

249 1:18:51

MS. FULFORD: Was she crying?

251 1:18:54

MS. FULFORD: Did she appear to be distraught about the circumstances?

253 1:18:59

MS. FULFORD: Was her — was her actions and her words to you when she was discussing this with you, was she in a calm state or an excited state?

254 1:19:09

ANN ELIZABETH CUNNINGHAM: Very excited.

255 1:19:09

MS. FULFORD: Okay. And during the course of her conversation with you in that state, did it come to your attention that Mrs. Adelson was considering an option about her life because all of this had just happened?

257 1:19:28

MS. FULFORD: Okay. And what was that she was considering?

258 1:19:31

ANN ELIZABETH CUNNINGHAM: Considering taking her own life. And —

259 1:19:43

MS. FULFORD: If you know — and if you don't, just say you don't — but if you know from those same conversations with her in that state of mind that she had, did she ever discuss with you a potential plan to just get away to clear her head?

261 1:19:58

MS. FULFORD: Okay. I have just one moment.

262 1:20:19

MS. FULFORD: One last subject I wanted to ask you about.

263 1:20:49

MS. FULFORD: As a Jewish mother and grandmother, are the traditions of bar mitzvahs and bat mitzvahs, are those important to you all?

264 1:20:58

ANN ELIZABETH CUNNINGHAM: Very important.

265 1:21:00

MS. FULFORD: Okay. Based on your relationship with Mrs. Adelson, was the bar mitzvah that was upcoming for her younger grandson from Mr. Markel, was that something that she was participating in?

267 1:21:13

MS. FULFORD: Was she excited about attending?

268 1:21:16

ANN ELIZABETH CUNNINGHAM: Very.

269 1:21:16

MS. FULFORD: I don't have anything further.

Cross Ann Elizabeth Cunningham Georgia Cappleman
270 1:21:16

JUDGE EVERETT: Cross-examination.

271 1:21:19

MS. CAPPLEMAN: Are you familiar with the defendant's statement that she could be buried in the bar mitzvah dress that she bought?

272 1:21:32

ANN ELIZABETH CUNNINGHAM: No, I'm not.

273 1:21:34

MS. CAPPLEMAN: I guess if she was gonna be buried in that dress, she probably wasn't, at least at the time she made that statement, gonna be making it to the bar mitzvah, would you agree?

274 1:21:42

ANN ELIZABETH CUNNINGHAM: No, she was always going to be making it to the bar mitzvah as far as I knew. Even if she was dead — dead and buried — she was gonna make it. I never heard that.

275 1:21:50

MS. CAPPLEMAN: Okay. Was she suicidal when you spoke with her after Charlie's verdict?

277 1:21:55

MS. CAPPLEMAN: Okay. You were best friends with her?

279 1:21:56

MS. CAPPLEMAN: Okay. And she would call and vent to you about Danny Markel sometimes, all right? And did she ever call him names?

280 1:21:56

ANN ELIZABETH CUNNINGHAM: Not to my knowledge. Not to me.

281 1:21:56

MS. CAPPLEMAN: Did she — did she share with you that she was planning to offer a bribe to Mr. Markel to facilitate relocation?

282 1:21:56

ANN ELIZABETH CUNNINGHAM: I don't recall.

283 1:21:56

MS. CAPPLEMAN: Did she talk to you about plans to threaten — or to convert the children to Christianity in order to strong-arm Mr. Markel?

284 1:22:28

ANN ELIZABETH CUNNINGHAM: She mentioned that she had said that, and she said, "That was so foolish of me."

285 1:22:34

MS. CAPPLEMAN: When did she say that?

286 1:22:37

ANN ELIZABETH CUNNINGHAM: I don't know — whether we were together or on a phone call, I'm not sure.

287 1:22:41

MS. CAPPLEMAN: Did she ever tell you that she was being extorted in reference to Mr. Markel's murder?

288 1:22:47

ANN ELIZABETH CUNNINGHAM: Eventually, yes.

289 1:22:48

MS. CAPPLEMAN: Okay, and when you say eventually, when did she tell you that?

290 1:22:51

ANN ELIZABETH CUNNINGHAM: We were on a trip to Japan together.

291 1:22:53

MS. CAPPLEMAN: Okay, when was the trip to Japan?

292 1:22:58

ANN ELIZABETH CUNNINGHAM: We took so many trips, I'm not exactly sure of the year.

293 1:23:02

MS. CAPPLEMAN: Was it between the murder and the first arrests?

294 1:23:08

ANN ELIZABETH CUNNINGHAM: I don't recall.

295 1:23:10

MS. CAPPLEMAN: Okay. And when she told you that she was being extorted, then naturally you learned that she knew who had killed Dan Markel.

297 1:23:20

MS. CAPPLEMAN: Obviously it's the people that are extorting her, right?

298 1:23:23

ANN ELIZABETH CUNNINGHAM: She didn't know — what are you talking about? Yeah, I guess. I don't know.

299 1:23:27

MS. CAPPLEMAN: She was forced to make payments to the people that killed Dan Markel.

300 1:23:31

MS. CAPPLEMAN: That's what the checks were all about, right?

301 1:23:33

ANN ELIZABETH CUNNINGHAM: I don't know about the checks.

302 1:23:36

MS. CAPPLEMAN: Well, when she told you she was being extorted, if it wasn't about the checks, how was she being extorted?

303 1:23:44

ANN ELIZABETH CUNNINGHAM: She was — I'm confusing that with the bump, I believe, that Charlie was being extorted by Catherine.

304 1:23:54

MS. CAPPLEMAN: Prior to the bump, you knew that Charlie was being extorted by Catherine?

305 1:23:59

ANN ELIZABETH CUNNINGHAM: No, I believe it was afterwards.

306 1:24:01

MS. CAPPLEMAN: After the bump, you learned that Charlie was being extorted by Catherine?

307 1:24:04

ANN ELIZABETH CUNNINGHAM: I'm not sure of the timeline.

308 1:24:06

MS. CAPPLEMAN: And when you learned that Charlie was being extorted by Catherine, you learned that your friend, your best friend, Donna Adelson, was also being forced to write these checks as payment to the killers that were extorting?

309 1:24:19

ANN ELIZABETH CUNNINGHAM: I don't recall.

310 1:24:25

MS. CAPPLEMAN: And when the phone call was made to you, you — were saying, I guess it was the night of the verdict, you got the phone call and she was very upset and suicidal and so forth. What was your phone number at that time?

311 1:24:45

ANN ELIZABETH CUNNINGHAM: I believe my cell number.

312 1:24:47

MS. CAPPLEMAN: Okay, what's your cell number? Just give me the last four digits.

313 1:24:50

ANN ELIZABETH CUNNINGHAM: 1655.

314 1:24:54

MS. CAPPLEMAN: And did you watch the trial of Charlie Adelson?

315 1:24:59

ANN ELIZABETH CUNNINGHAM: At the very end.

316 1:25:00

MS. CAPPLEMAN: Okay, and during the trial of Charlie Adelson, were you in regular communication with your best friend Donna Adelson?

317 1:25:08

ANN ELIZABETH CUNNINGHAM: Yes, but we didn't really discuss the trial.

318 1:25:11

MS. CAPPLEMAN: Well, would it refresh recollection to review your text messages during the trial?

319 1:25:17

ANN ELIZABETH CUNNINGHAM: I guess. It's a long time ago.

320 1:25:20

MS. CAPPLEMAN: May I approach?

321 1:25:30

ANN ELIZABETH CUNNINGHAM: Oh yes, this part I do recall.

322 1:26:10

MS. CAPPLEMAN: So you — did keep some tabs on your friend during the trial of her son?

324 1:26:15

MS. CAPPLEMAN: Okay. And she was watching the trial of her son, as we learned, at your residence, right?

326 1:26:19

MS. CAPPLEMAN: Okay. And when Charlie Adelson was convicted, you disagreed with the verdict, right?

328 1:26:28

MS. CAPPLEMAN: You think the jury got it wrong, didn't you?

330 1:26:31

MS. CAPPLEMAN: And that was out of loyalty to your friend, right?

331 1:26:33

ANN ELIZABETH CUNNINGHAM: No, I thought they got it wrong. They got it wrong.

332 1:26:36

MS. CAPPLEMAN: Okay. And you, in fact, said to Mrs. Adelson, "I know you are ALL innocent" — all caps, "ALL," right?

334 1:26:44

MS. CAPPLEMAN: Meaning Charlie's innocent.

336 1:26:46

MS. CAPPLEMAN: Wendi's innocent.

337 1:26:48

ANN ELIZABETH CUNNINGHAM: Definitely.

338 1:26:48

MS. CAPPLEMAN: No Adelson had anything to do with the murder of Dan Markel — isn't that what you think?

340 1:26:56

MS. CAPPLEMAN: And when she went to Vietnam — or was trying to go to Vietnam — to clear her head, she was gonna clear her head in a non-extradition country. Can you agree with that?

341 1:27:07

ANN ELIZABETH CUNNINGHAM: I wasn't aware it was non-extradition.

342 1:27:10

MS. CAPPLEMAN: Okay. She was gonna clear her head with a one-way ticket to go do the head clearing.

343 1:27:21

MS. CAPPLEMAN: Are you familiar with her statement that she's hoping to make it out of the airport on time?

345 1:27:26

MS. CAPPLEMAN: Hoping to make it out before what?

346 1:27:29

ANN ELIZABETH CUNNINGHAM: She meant the plane was on time.

347 1:27:29

MS. CAPPLEMAN: No, ma'am, I'm referring to hoping to make it out before law enforcement apprehended her. Were you aware of that?

349 1:27:40

MS. CAPPLEMAN: She didn't say that statement to you?

350 1:27:42

ANN ELIZABETH CUNNINGHAM: I don't recall.

351 1:27:42

MS. CAPPLEMAN: Really? Okay. Do you remember Mrs. Adelson texting you after the verdict and complaining that Wendi had not even called?

352 1:27:56

ANN ELIZABETH CUNNINGHAM: No, I don't.

353 1:27:57

MS. CAPPLEMAN: Would it refresh your recollection to review that message?

354 1:28:00

ANN ELIZABETH CUNNINGHAM: Fine. Yes.

355 1:28:25

ANN ELIZABETH CUNNINGHAM: I remember Harvey — her describing Harvey being on the floor and crying like a baby.

356 1:28:31

MS. CAPPLEMAN: Harvey's on the floor crying like a baby, and Wendi hasn't even called, right?

357 1:28:36

ANN ELIZABETH CUNNINGHAM: Is that what it says?

358 1:28:38

MS. CAPPLEMAN: If she wrote that, didn't you just see where she wrote that?

359 1:28:41

ANN ELIZABETH CUNNINGHAM: I did. She wrote that.

360 1:28:42

MS. CAPPLEMAN: And you offered to come and be with her during that difficult time, didn't you?

361 1:28:51

ANN ELIZABETH CUNNINGHAM: I believe we did.

362 1:28:52

MS. CAPPLEMAN: What type of work does your husband do, or did he do before he retired?

363 1:29:22

MS. CAPPLEMAN: I'm sorry, I thought you had — is it, maybe it's not your husband, partner?

364 1:29:27

ANN ELIZABETH CUNNINGHAM: Partner.

365 1:29:27

MS. CAPPLEMAN: Is that Mr. Gutterson?

367 1:29:29

MS. CAPPLEMAN: What type of work does he do, or what's his background?

368 1:29:33

ANN ELIZABETH CUNNINGHAM: He owned a computer consulting business.

369 1:29:36

MS. CAPPLEMAN: Okay. Does he also do anything with real estate?

370 1:29:38

ANN ELIZABETH CUNNINGHAM: He did it with his ex-wife. They flipped apartments a lot. They moved a lot.

371 1:29:44

MS. CAPPLEMAN: Okay.

372 1:29:45

ANN ELIZABETH CUNNINGHAM: Made a lot of money in real estate.

373 1:29:52

MS. CAPPLEMAN: No further questions.

Redirect Ann Elizabeth Cunningham Jackie L. Fulford
374 1:29:52

JUDGE EVERETT: Redirect examination.

375 1:30:07

MS. FULFORD: Just to make sure I understand your testimony correctly, Donna didn't tell you at the time she was writing checks that she was writing checks, correct?

377 1:30:16

MS. FULFORD: And when you spoke about extortion, you were talking about Charlie being extorted?

378 1:30:21

ANN ELIZABETH CUNNINGHAM: Yes. Yes.

379 1:30:22

MS. FULFORD: Donna — did she ever say she was actually being extorted, or how?

380 1:30:25

MS. FULFORD: Okay.

382 1:30:28

MS. FULFORD: Okay. Now, you were asked questions by the state, which implied that Ms. Adelson was going to a non-extradition country — she wasn't returning, right?

383 1:30:41

ANN ELIZABETH CUNNINGHAM: That's what I was told.

384 1:30:43

MS. FULFORD: Just now while you were testifying?

386 1:30:45

MS. FULFORD: You didn't hear that before?

388 1:30:46

MS. FULFORD: Did Donna ever tell you she wasn't coming back?

389 1:30:49

ANN ELIZABETH CUNNINGHAM: Never.

390 1:30:49

MS. FULFORD: In fact, she told you she was coming back, didn't she?

391 1:30:51

ANN ELIZABETH CUNNINGHAM: Definitely. And she was coming back without a doubt to go to —

392 1:30:55

MS. FULFORD: What?

393 1:30:55

ANN ELIZABETH CUNNINGHAM: Lincoln's bar mitzvah.

394 1:30:57

MS. FULFORD: I don't have anything further.

395 1:31:00

JUDGE EVERETT: You may step down. Will this witness be recalled by the defense or the state?

396 1:31:12

JUDGE EVERETT: Will this witness be recalled by the defense? You are at ease, Ms. Cunningham — you are released. Have a good day. Please call your next witness.

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