Tim Kelly — Direct/Cross
88 linesJUDGE EVERETT: Please call your next witness.
JUDGE EVERETT: Please raise your right hand. Do you swear or affirm the testimony you're about to give will be the truth?
TIM KELLY: I do.
JUDGE EVERETT: You may take your seat.
JUDGE EVERETT: Attorneys, can you approach briefly for one moment? Thank you.
JUDGE EVERETT: Everyone can be seated.
JUDGE EVERETT: Sir, I'm gonna need you to step down from the witness stand and step outside the courtroom doors.
JUDGE EVERETT: Once the rule of sequestration is invoked. It applies equally to both parties. How long was he sitting in the back of the courtroom watching the defense case?
MS. FULFORD: I was not aware he was here, Your Honor.
MS. FULFORD: Our assistant was trying to find him. I went in the hallway looking for him. I didn't see him before we called the witness that he sat in here for. She sent him a text message asking him where he was because we were concerned he was not here, and that was about 1:30. I believe, based on speaking to my assistant, that he was present during all or part of Ms. Khan's testimony, which is completely unrelated to his very limited scope in this case.
JUDGE EVERETT: State, do you wish to be heard?
MS. DUGAN: No, sir.
JUDGE EVERETT: What is the substance of the testimony to be offered?
MS. FULFORD: The substance of the testimony is a home search with Mr. and Mrs. Adelson and Dan Markel.
MR. ZELMAN: He's a realtor, Your Honor.
JUDGE EVERETT: The bailiff has informed me that he was present for 15 to 20 minutes.
JUDGE EVERETT: I'm not entirely sure how this testimony would relate to other matters that we've gone over.
JUDGE EVERETT: We need a moment to determine if the witness should be permitted to testify.
JUDGE EVERETT: I'll take a brief break.
JUDGE EVERETT: Ten minutes.
JUDGE EVERETT: Everyone can be seated.
JUDGE EVERETT: You may examine Mr. Kelly when you're ready.
MS. FULFORD: Thank you, Judge. This is going to be very brief. Could you please tell the jury your name and then spell your last name for the court reporter, please?
TIM KELLY: Yes — Tim Kelly.
TIM KELLY: T-I-M, last name K-E-L-L-Y.
MS. FULFORD: All right. And what is your occupation, sir?
TIM KELLY: I'm a realtor.
MS. FULFORD: And is that what your occupation was back in 2011?
TIM KELLY: Yes.
MS. FULFORD: Did you have the pleasure of knowing a young man named Dan Markel?
TIM KELLY: I did.
MS. FULFORD: At some point in November of 2011, were you contacted by Mr. Markel about seeing some homes?
TIM KELLY: Yeah, I'm not positive on the date, but if that's the date, yes — he did contact me about seeing homes.
MS. FULFORD: Would it refresh your memory if you were able to look at the email communications?
TIM KELLY: Yeah, I can't remember. Yeah, that's fine.
MS. FULFORD: May I approach, Your Honor?
MS. FULFORD: Is that November 2011?
TIM KELLY: Yes.
MS. FULFORD: And when he contacted you and you were making arrangements to look at homes, were those homes — were you looking for a home in particular for his in-laws, Donna and Harvey Adelson?
TIM KELLY: Correct.
MS. FULFORD: And were arrangements made for you to show homes?
TIM KELLY: Yes.
MS. FULFORD: And did you in fact show homes?
TIM KELLY: Yes.
MS. FULFORD: And who was present when you showed the homes? Who was with you?
TIM KELLY: I believe it was the Adelsons, both of them — the husband and wife — and Dan, and I believe Wendi, and the boys. Both boys, or just one boy, I can't remember who was there at the time. But I think we had to make arrangements between, you know, cars or so.
MS. FULFORD: Okay. Was it one time that you took them out, or more?
TIM KELLY: I believe it's just one time.
MS. FULFORD: Okay. And did you show them homes in the Tallahassee area?
TIM KELLY: Yeah.
MS. FULFORD: Okay. And did they end up purchasing any of the homes that you showed them?
TIM KELLY: No.
MS. FULFORD: Okay. At some point, did you refer them to another realtor that you know, named Lisa Carey, to look at homes?
TIM KELLY: I did not refer them to Lisa Carey.
MS. FULFORD: No, that was not — that was not you?
TIM KELLY: No.
MS. FULFORD: Do you work with Miss Carey?
TIM KELLY: I did at the time. We were a team.
MS. FULFORD: Okay. At one point.
TIM KELLY: I think we were still a team — and we probably were not in 2011.
MS. FULFORD: Okay. But no. Okay.
MS. FULFORD: Can you hold on just one second, please?
MS. FULFORD: Just briefly — when you came to the courthouse today, did you come and sit inside the courtroom?
TIM KELLY: I did.
MS. FULFORD: And did you observe and listen to some of the testimony?
TIM KELLY: I heard the end of the testimony that was being said.
MS. FULFORD: Was it a male or a female?
TIM KELLY: Female.
MS. FULFORD: Okay. Is there anything about the testimony that you heard that has affected your testimony as to these small issues on looking at—
TIM KELLY: No. No.
MS. FULFORD: Nothing further.
JUDGE EVERETT: Cross-examination.
MS. DUGAN: So you showed these houses to Donna and Harvey Adelson at Dan Markel's request?
TIM KELLY: Correct.
MS. DUGAN: Was the thought that they would have more space, be able to stay up here for longer periods of time visiting Dan Markel and his family?
TIM KELLY: I believe that was it, yes.
MS. DUGAN: Okay. And that was in 2011, you said?
TIM KELLY: According to the emails, yeah.
MS. DUGAN: So Dan Markel and Wendi Adelson were still together at that time?
TIM KELLY: Correct.
MS. DUGAN: Okay. And if they got divorced in summer/fall 2012, your interaction would have been about a year before that.
TIM KELLY: Correct.
MS. DUGAN: And about two years before Halloween of 2013, right?
TIM KELLY: Yes.
MS. DUGAN: Thank you.
JUDGE EVERETT: Any redirect from the witness?
MS. FULFORD: No, Judge.
JUDGE EVERETT: You may step down, Mr. Kelly.