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Dan Markel— Case Archive
Donna Adelsontrial-daytrial-dayGeorgia CapplemanSarah Kathryn DuganJoshua D. ZelmanSara NewhouseKristin AdamsonLinda BaileyMarissel Descalzodirectcrossredirectproffercharge_conferenceDay 8 - September 3, 2025Defense witnesses addressed the family-law dispute, travel discussions, and a 2014 call. Donna Adelson declined to testify, both sides rested, and the court settled jury instructions.
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Day 8 - September 3, 2025

Family-Law Testimony, Defense Rests, And Jury Instructions

Judge Stephen S. Everett
23Proceedings
7Pages
4Witnesses
1,726Lines
2Sidebars
Day 8 of 9
Appearing:
Georgia Cappleman Sarah Kathryn Dugan Joshua D. Zelman Sara Newhouse Kristin Adamson Linda Bailey Marissel Descalzo

Defense witnesses addressed the family-law dispute, travel discussions, and a 2014 call. Donna Adelson declined to testify, both sides rested, and the court settled jury instructions.

Full day summary

Family-law attorney Kristin Adamson and expert Linda Bailey testified for the defense about the Adelson-Markel divorce, relocation litigation, later enforcement disputes, and Donna Adelson's involvement. The court found a second defense sequestration violation after Bailey observed Adamson's testimony, but allowed Bailey to testify after her proffer. Former attorney Marissel Descalzo testified about Donna Adelson's reported distress following Charlie Adelson's conviction and about discussions of travel; victim advocate Sara Newhouse described Donna Adelson as sounding shocked during a 2014 call after Dan Markel was shot. Donna Adelson declined to testify, the defense rested, and the State declined rebuttal. Before closing arguments, the court settled jury instructions, verdict-form language, and the exhibits that would go to the jury.

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1. Kristin Adamson — Direct/Cross/Redirect

Before the jury entered, the court addressed the defense request to contact Deputy Franklin and required a decision on whether Donna Adelson would testify. Kristin Adamson then testified about the divorce litigation and said Donna Adelson was not involved in her work for Wendi Adelson.

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Procedural
Franklin Witness Dispute and Defendant Testimony Deadline
60 lines

Judge Everett declined to compel an un-subpoenaed potential witness to speak with the defense, heard the sheriff's office account, and set a same-day deadline on whether Donna Adelson would testify.

Direct
Kristin Adamson - Direct Kristin Adamson Joshua D. Zelman
189 lines

Former family-law counsel described Wendi Adelson’s unsuccessful relocation request, the later settlement and enforcement dispute, and said Donna Adelson was not involved in her representation.

Cross
Kristin Adamson - Cross Kristin Adamson Sarah Kathryn Dugan
102 lines

Adamson said she had no knowledge of Donna Adelson drafting or editing Wendi Adelson's filings and described the relocation dispute and later enforcement litigation with Dan Markel.

Redirect
Kristin Adamson - Redirect Kristin Adamson Joshua D. Zelman
49 lines

Adamson said she withdrew because she would be a witness and remained responsible for the pleadings she filed.

Highlights

Kristin Adamson - Directtestimony highlightAdamson testified that she did not view Wendi Adelson's divorce as a bitter custody battle, describing it instead as a relocation case that was difficult to win but otherwise became a routine parenting matter.

2. Linda Bailey — Direct/Cross/Redirect

Before the jury entered, the court found a sequestration violation but permitted defense expert Linda Bailey to testify after her proffer. Bailey characterized the divorce litigation as routine; the State challenged that assessment on cross-examination.

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Procedural
Bailey Sequestration Dispute — Proffer and Ruling
63 lines

The court ordered a proffer from Linda Bailey before ruling on the State's request to exclude her over an asserted sequestration violation.

proffer
Linda Bailey - Defense Proffer Examination Linda Bailey Joshua D. Zelman
23 lines

Bailey outlined a proposed family-law expert opinion and said Adamson's testimony did not change it.

proffer
Linda Bailey - State Proffer Examination Linda Bailey Georgia Cappleman
7 lines

Bailey said Adamson's testimony gave her no new information.

Procedural
Bailey Sequestration Dispute — Proffer and Ruling (Resumed)
9 lines

The court found a second sequestration violation but allowed Linda Bailey to testify and invited proposed jury-instruction language.

Direct
Linda Bailey - Direct Linda Bailey Joshua D. Zelman
402 lines

Family-law expert Linda Bailey characterized the Adelson-Markel divorce as routine and amicable, while the court limited comparison testimony about an unrelated case.

1 sidebar inside this proceeding
  1. Family Reactions Raised at SidebarDefense counsel raised concern that audible reactions from the Markel family could affect how the jury perceives the defense.
Cross
Linda Bailey - Cross Linda Bailey Georgia Cappleman
145 lines

The State challenged Bailey's assessment of the family litigation; Bailey acknowledged early emails showing Donna Adelson upset and agreed the pleadings were inflammatory.

Redirect
Linda Bailey - Redirect Linda Bailey Joshua D. Zelman
10 lines

Bailey said Adamson's testimony gave her no new information and did not influence her testimony.

Highlights

Bailey Sequestration Dispute — Proffer and Ruling (Resumed)rulingThe court found a second defense violation of the sequestration rule but declined to exclude Linda Bailey after crediting her proffer that hearing prior testimony had not affected her opinions.Linda Bailey - Directtestimony highlightBailey testified that the divorce was settled amicably and that the parties were moving on after the final judgment.Linda Bailey - Direct“No. To the contrary, it was settled amicably, and everybody was moving on with their lives.”— Linda BaileyBailey gave her central expert characterization of the divorce litigation.

3. Privilege Waiver & Testimony Decision — Donna Adelson

Donna Adelson waived attorney-client privilege regarding post-trial discussions with Ms. Descalzo about her travel and state of mind. Before the jury entered, the court gave the defense five more minutes to decide whether she would testify.

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Procedural
Lunch Break — Gallery Warning and Afternoon Logistics
15 lines
Procedural
Privilege Waiver Colloquy & Testimony Decision — Donna Adelson
38 lines

Donna Adelson gave a limited privilege waiver, and the court allowed five more minutes for the defense to confer with her before her testimony decision.

sidebar
Decision on Defendant Testimony
48 lines

The defense sought additional time for Adelson to confer with counsel before deciding whether to testify, while the State opposed further delay.

Procedural
Privilege Waiver Colloquy & Testimony Decision — Donna Adelson (Resumed)
2 lines

Jurors returned to the courtroom.

4. Marissel Descalzo — Direct/Cross/Redirect

Former defense attorney Marissel Descalzo testified about Donna Adelson's reported distress, a proposed vacation, and the absence of a guaranteed self-surrender arrangement.

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Direct
Marissel Descalzo - Direct Marissel Descalzo Joshua D. Zelman
47 lines

Former attorney Marissel Descalzo described concerns about Donna Adelson's mental state, travel plans, and discussions about a possible arrest warrant.

Cross
Marissel Descalzo - Cross Marissel Descalzo Sarah Kathryn Dugan
55 lines

Descalzo said self-surrender is decided by law enforcement and denied knowing proposed vacation destinations or whether Donna Adelson was considering non-extradition countries.

Redirect
Marissel Descalzo - Redirect Marissel Descalzo Joshua D. Zelman
12 lines

Descalzo said the proposed vacation was not fleeing and that a non-extradition country would not prevent the United States from seeking extradition.

Highlights

Marissel Descalzo - Directtestimony highlightDescalzo testified that Donna Adelson had made repeated statements about ending her life if Charlie Adelson were convicted, prompting Descalzo and Daniel Rashbaum to consult ethics counsel and the Florida Bar about possible steps.

5. Sara Newhouse — Direct/Cross

Sara Newhouse testified that Donna Adelson sounded shocked during Wendi Adelson's 2014 call after Dan Markel was shot; the court admitted a redacted recording excerpt.

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Direct
Sara Newhouse - Direct Sara Newhouse Joshua D. Zelman
56 lines

Victim advocate Sara Newhouse described Donna Adelson as sounding shocked during Wendi Adelson's call and authenticated Defense 71, which was admitted with redactions.

Cross
Sara Newhouse - Cross Sara Newhouse Georgia Cappleman
20 lines

Newhouse said she did not know Donna Adelson's normal demeanor; the court sustained a hearsay objection and struck a question about an alleged post-call comment by Wendi Adelson.

Highlights

Sara Newhouse - Directtestimony highlightNewhouse described Donna Adelson as sounding shocked and said the reaction appeared to be the first time she heard Dan Markel had been shot.

6. Defense Rests

Donna Adelson declined to testify, the defense rested, and the State declined rebuttal. The court recessed until Day 8 for jury instructions and closing arguments.

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Procedural
OJP — Testify/Remain Silent/Exhibit Arguments
82 lines

Donna Adelson declined to testify, the defense rested, and the court reserved ruling on proposed 2014 and 2023 calendar excerpts.

Procedural
Defense Rests — Evidentiary Record Closed
8 lines

The defense rested, the State declined rebuttal witnesses, and the court recessed before next-day instructions and closing arguments.

Highlights

OJP — Testify/Remain Silent/Exhibit Argumentsprocedural actionAfter a colloquy about her rights and a five-minute additional consultation, Donna Adelson chose not to testify; the defense rested and the State indicated it would not offer rebuttal.OJP — Testify/Remain Silent/Exhibit Arguments“At this time, I don't want to testify.”— Donna AdelsonDonna Adelson stated her decision not to testify after the court's rights colloquy.

7. Charge Conference — Jury Instruction Settlement Before Closing Arguments

Before closing arguments, the court finalized jury instructions, verdict-form language, time limits, and the exhibits that would go to the jury room.

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Charge Conference
Charge Conference — Jury Instruction Settlement Before Closing Arguments
284 lines

The court settled final jury instructions, including lesser offenses and credibility guidance, ruled on the verdict form, and set two hours per side for closing arguments.

Highlights

Charge Conference — Jury Instruction Settlement Before Closing ArgumentsrulingThe court settled the homicide instructions: all category-one lesser offenses would be given, while justifiable and excusable homicide language would be omitted after defense counsel agreed there was no factual basis and Donna Adelson confirmed her consent.
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