3.Ron Gutterson — Direct/Cross
113 linesJUDGE EVERETT: Mr. Gutterson, please raise your hand to be sworn.
whereupon, RON GUTTERSON was called as a witness, having been first duly sworn, was examined and testified as follows:
JUDGE EVERETT: You may take your seat. Please speak loudly and clearly so the jurors can hear you.
DIRECT EXAMINATION BY MR. ZELMAN:
MR. ZELMAN: Good morning, sir. Can you please introduce yourself to the jury and spell your last name for the court reporter?
RON GUTTERSON: My name is Ron Gutterson, G-U-T-T-E-R-S-O-N.
MR. ZELMAN: And how do you know my client, Donna Adelson?
RON GUTTERSON: I know her through her husband, Harvey Adelson, whom I went to high school with.
MR. ZELMAN: High school where?
RON GUTTERSON: New York City.
MR. ZELMAN: And where was that?
RON GUTTERSON: Stuyvesant High School.
MR. ZELMAN: Did you keep in touch with him over the years?
RON GUTTERSON: Initially, I would see Harvey every -- yes.
MR. ZELMAN: Initially, yes. At some point, did you grow apart? You lived --
RON GUTTERSON: Au contraire. After graduation, I saw Harvey next, 25 years later at our high school reunion. And then we had one every five years thereafter, which I saw him.
And then in, oh, around, 2008 or ‘09, something like that, I was in Florida for Christmas. And I -- this is funny. I was in Florida for Christmas. We get to Florida -- Miami. Christmas Eve, everything is closed. we are hungry. what do you eat? Chinese food.
So we order Chinese food. I bite into the spare rib. I crack my front tooth. I call a friend of mine who is a dentist in New York, who also went to high school with us. And I said to him, who do we know in Florida? I need a dentist.
He gave me a choice of names, one of which was Harvey. The other fellows were academics, teaching at the university. Harvey I knew from high school. I called him on Christmas. He saw me the next day. And we reconnected, and we became friendly.
And then he and Donna and Annie and I would travel together, and we really bonded. The chemistry was there.
MR. ZELMAN: Can you describe their relationship, Donna and Harvey?
RON GUTTERSON: Once again?
MR. ZELMAN: Can you describe their relationship, Donna and Harvey?
RON GUTTERSON: A very loving couple, very together, very warm.
MR. ZELMAN: Were you aware that their son, Charlie, was arrested in this investigation?
RON GUTTERSON: Yes.
MR. ZELMAN: During Charlie's trial, can you describe Donna and Harvey's state of mind, how they were feeling about things?
RON GUTTERSON: To put it mildly, extremely upset, off the wall, like most caring parents would be.
MR. ZELMAN: Did there come a time -- now, your life partner is Annie Cunningham?
RON GUTTERSON: Cunningham.
MR. ZELMAN: Okay. And when you first reconnected in 2008 or 2009, did y'all have a place in Miami or in South Florida?
RON GUTTERSON: Yes. Annie had a place in Aventura.
MR. ZELMAN: And at some point later, did you purchase a house on the west coast of Florida?
RON GUTTERSON: In 2015.
MR. ZELMAN: And where was that?
RON GUTTERSON: Naples, Florida.
MR. ZELMAN: At some point during the trial, did you and Annie offer to allow Donna and Harvey to stay at your place in Naples?
RON GUTTERSON: Yes.
MR. ZELMAN: why was that?
RON GUTTERSON: we were not using the place. we're snowbirds. They, during the trial, were, for lack of a better word, pestered by bloggers and reporters, and they just wanted to avoid that. we live in a gated community. we offered them the use of our home, especially since we weren't there, and they availed themselves of this opportunity.
MR. ZELMAN: After the verdict was rendered in Charlie's case, did you speak with Harvey and Donna?
RON GUTTERSON: Several days later, and Annie spoke to Donna. And obviously, they were distraught and Harvey was off the wall.
MR. ZELMAN: what do you mean when you say “off the wall"?
RON GUTTERSON: He was devastated. His son was convicted.
MR. ZELMAN: Now, I want to back up a little bit. Can you tell us a little bit about your background and education?
RON GUTTERSON: I have an undergraduate degree in economics. I have amaster's and an MBA in finance. I have several credits towards my doctorate in economics.
MR. ZELMAN: Any prior military experience?
RON GUTTERSON: I was in the Army reserve, military intelligence division.
MR. ZELMAN: And when was that?
RON GUTTERSON: Approximately 1966 to 1971.
MR. ZELMAN: After the conviction, did you become aware that Harvey and Donna were trying to travel to clear their heads?
RON GUTTERSON: Yes.
MR. ZELMAN: Okay. Did you know whether or not that was a permanent move, or was it temporary?
RON GUTTERSON: It was, to the best of my knowledge, a temporary move. It was approximately November, and they were coming back in January or February for their youngest grandchild's bar mitzvah.
MR. ZELMAN: So although they were traveling, they made it clear that they would be back for the bar mitzvah?
RON GUTTERSON: Yes. Donna had told Annie that she purchased a dress --
MS. CAPPLEMAN: Objection. Hearsay.
JUDGE EVERETT: Sustained.
BY MR. ZELMAN:
MR. ZELMAN: You can't say what somebody else said. Just you were --
RON GUTTERSON: Yes, I was aware they were going to return.
MR. ZELMAN: Under any set of circumstances, would they not have returned?
RON GUTTERSON: I don't know. Under normal circumstances, they would move heaven and earth to be there for that traditional occasion.
MR. ZELMAN: Just a moment, Your Honor.
JUDGE EVERETT: Take your time.
BY MR. ZELMAN:
MR. ZELMAN: Mr. Gutterson, while Donna and Harvey were traveling, were you asked to assist with the rental property business?
RON GUTTERSON: Yes.
MR. ZELMAN: In what way?
RON GUTTERSON: The handyman Jarred was given my phone number. I was given his phone number. And I was asked to do Harvey a favor. That if Jarred had any problems, like purchasing a new air-conditioner, a new refrigerator, he would call me for my approval.
MR. ZELMAN: And then -- but it was clear to you, clear to Jarred, that this was a temporary arrangement while Harvey and Donna were traveling?
RON GUTTERSON: Until he returned, during his absence.
MR. ZELMAN: Just one more moment, Your Honor.
Nothing further, Your Honor.
JUDGE EVERETT: Cross-examine?
CROSS- EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: You said "under normal circumstances" they were going to make every effort to return to attend that bar mitzvah, right?
RON GUTTERSON: Yes.
MS. CAPPLEMAN: Obviously, normal circumstances would not include a warrant being issued for their arrest for first-degree murder. That would be an abnormal circumstance?
RON GUTTERSON: I am not aware of that.
MS. CAPPLEMAN: But you would agree that would be an abnormal circumstance --
RON GUTTERSON: Yes.
MS. CAPPLEMAN: -- that might prevent them from coming back?
RON GUTTERSON: And by the same token, at the time there was no warrant out for her arrest when they left.
MS. CAPPLEMAN: Right. Right. But might cause them to not come back, wouldn't it?
RON GUTTERSON: Once again?
MS. CAPPLEMAN: It might cause them to not come back?
RON GUTTERSON: It might. You'd have to think twice.
MS. CAPPLEMAN: Sure. And when the verdict came down on Charlie Adelson's case, do you recall Mrs. Adelson reaching out to the two of you saying maybe she might want you to come to her -- to where she was? Do you remember that?
RON GUTTERSON: To Vietnam?
MS. CAPPLEMAN: No, sir. She wasn't in Vietnam. I don't know exactly where she was, but she said --
RON GUTTERSON: You mean in Florida, in the state of Florida?
MS. CAPPLEMAN: Yes, sir. Can't say exactly why, but we may need you guys to come here. Remember that?
RON GUTTERSON: Yeah, for moral support.
MS. CAPPLEMAN: Okay. And where were you located at the time that those text messages were sent? Were you in New York?
RON GUTTERSON: To the best of my knowledge, in New Jersey.
MS. CAPPLEMAN: In New Jersey. Okay. And she says that wendi's not responding to them, so she has some issues she may need your help with. Do you remember that?
RON GUTTERSON: To the best of my knowledge, yes.
MS. CAPPLEMAN: And those were the issues regarding your assistance with managing the rental properties?
RON GUTTERSON: No, just overall moral support.
MS. CAPPLEMAN: Okay. well, she says specifically, Ron may have some work to do here. what does that reference? Is that the moral support?
RON GUTTERSON: That, and helping with Jarred. But I was never spoken to by Donna about this matter. I -- this was between Harvey and myself.
MS. CAPPLEMAN: Okay. But you understood that you may be needed to come down to Florida to do some help --
RON GUTTERSON: My services may be needed as a friend to assist.
MS. CAPPLEMAN: Right. And you were happy to do that, right?
RON GUTTERSON: That's what friends are for.
MS. CAPPLEMAN: In fact, the response is, Whenever, whatever you need, we're there?
RON GUTTERSON: words to that effect, yes.
MS. CAPPLEMAN: Thank you. Nothing further.
JUDGE EVERETT: Redirect?
MR. ZELMAN: No questions, Your Honor.
JUDGE EVERETT: Is Mr. Gutterson released from the trial?
MR. ZELMAN: Yes, Your Honor.
MS. CAPPLEMAN: Yes, Sir.
JUDGE EVERETT: Is the State planning to recall him for any purpose?
MS. CAPPLEMAN: No, Your Honor.
JUDGE EVERETT: Have a good day, Mr. Gutterson. You are released.
RON GUTTERSON: Thank you, Your Honor.