4.Verdict
79 linesJUDGE EVERETT: Good evening, everyone. Before the jurors are brought in and the verdict is published, I wanted to make sure everyone understands, whatever the verdict will be in the case, I do not want there to be any gesturing or anyone make any movements that you either agree or disagree with the verdict. We are going to respect what the jurors’ decision is, and we are not going to subject them to any displays of emotion whether it be from the gallery or the parties.
If anyone believes they are not capable of following this instruction, I would ask you to step outside at this time.
Mrs. Adelson, also as well, once the verdict is read, again, I want to advise you, do not have any displays of emotion. As best you can, you are to control yourself. Do you understand?
DONNA ADELSON: Yes.
JUDGE EVERETT: Does either party have anything that needs to be addressed before the jurors are brought in?
MS. CAPPLEMAN: No, Your Honor.
MR. ZELMAN: No, Your Honor.
JUDGE EVERETT: Please bring in the jurors.
Please remain seated when the jurors come in this particular time.
(jury present.)
JUDGE EVERETT: If the jury foreperson could please rise.
Has the jury reached a unanimous verdict?
JUROR: we have.
JUDGE EVERETT: If you please could hand the verdict form to the bailiff.
Having reviewed the verdict form, it is in its proper order. At this time, I will publish the verdict.
we, the jury, find as follows as to Count 1 of the indictment, first-degree murder. The defendant is guilty of first-degree murder.
(Defendant exclaims.)
JUDGE EVERETT: Mrs. Adelson, control yourself.
Count 2, we, the jury, find as follows as to Count 2 of the indictment, conspiracy to commit first-degree murder. The defendant is guilty of conspiracy to commit first-degree murder.
Count 3, we, the jury, find as follows as to Count 3 of the indictment, solicitation to commit first-degree murder. The defendant is guilty of solicitation to commit first-degree murder.
And it is signed and dated by the foreperson.
One moment, members of the jury, the bailiff will escort you to the jury room.
(Jury exits.)
JUDGE EVERETT: Mrs. Adelson, while this was not the outcome, I'm sure, that you desired, there will not be any further outbursts in front of the jury. If you cannot control yourself, I am going to have to determine if you will be removed from the remainder of this process.
Do you understand what I'm saying to you?
DONNA ADELSON: Yes. Yes.
JUDGE EVERETT: Do you need a moment to collect yourself?
DONNA ADELSON: Yes.
JUDGE EVERETT: Before the jurors are brought back in, we will take a brief two-minute break. Please give her tissues, if she needs them.
MS. CAPPLEMAN: Judge, I am forwarding some victim impact to the defense and to Your Honor.
JUDGE EVERETT: When the jurors are brought back into the room, does the defense wish to have the jurors polled before they are discharged?
MR. ZELMAN: Yes, Your Honor.
JUDGE EVERETT: Very well.
(Court in recess.)
JUDGE EVERETT: Please bring back in the jurors so we can conclude their portion of the trial.
(jury present.)
JUDGE EVERETT: Members of the jury, before I discharge you for this evening, I am briefly going to poll you concerning whether your verdict is unanimous at the request of one of the parties.
when you hear your last name, please appropriately respond.
Juror Riggins, is this your verdict that I have published and the verdict of the jury as a whole?
JUROR: It is.
JUDGE EVERETT: Juror Smith, is this your verdict and the verdict of the jury as a whole that I have published?
JUROR: It is.
JUDGE EVERETT: Juror Rapp, is this your verdict and the verdict of the jury as a whole that I have just published?
JUROR: It is.
JUDGE EVERETT: Juror Park, is this your verdict and the verdict of the jury as a whole?
JUROR: Yes, Your Honor.
JUDGE EVERETT: Juror McKenzie, is this your verdict and the verdict of the jury as a whole?
JUROR: It is.
JUDGE EVERETT: Juror Higginbotham, is this your verdict and the verdict of the jury as a whole?
JUROR: It is.
JUDGE EVERETT: Juror walker, is this your verdict and the verdict of the jury as a whole?
JUROR: It is.
JUDGE EVERETT: Juror Morland, is this your verdict and the verdict of the jury as a whole?
JUROR: It is.
JUDGE EVERETT: Juror Seiler, is this your verdict and the verdict of the jury as a whole?
JUROR: It is, Your Honor.
JUDGE EVERETT: Juror Jernigan, is this your verdict and the verdict of the jury as a whole?
JUROR: Yes, Sir.
JUDGE EVERETT: Juror Morales, is this your verdict and the verdict of the jury as a whole?
JUROR: It is, Your Honor.
JUDGE EVERETT: Juror Kittrell, is this your verdict and the verdict of the jury as a whole?
JUROR: It is, Your Honor.
JUDGE EVERETT: Last instruction that I am going to give to you before you are discharged, please listen carefully.
Ladies and gentlemen, I wish to thank you for your time and consideration of this case. I also wish to advise you of some very special privileges that are enjoyed by jurors.
No juror can ever be required to talk about the discussions that occurred in the jury room, except by court order. For many centuries, our society has relied upon juries for consideration of difficult cases. we have recognized for hundreds of years that a jury's deliberations, discussions, and votes should remain their private affair as long as they wish it. Therefore, the law gives you a unique privilege not to speak about the jury's work.
Although you are at liberty to speak with anyone about your deliberations, you are also at liberty to refuse to speak to anyone. A request to discuss either your verdict or your deliberations may come from those who are simply curious, from those who might seek to find fault with you, from the media, from attorneys, or elsewhere. It will be up to you to decide whether to preserve your privacy as a juror.
with that being said, I want to extend my thanks on behalf of the entire Second Circuit for your service in this matter. You are discharged. Have a good evening.
(Jury excused.)
JUDGE EVERETT: As to the jury's verdict, with the jury having found the defendant guilty of the three charges of the indictment, is the defense asking for a presentence report on Counts 2 and 3? As to Count 1, the penalty is statutory, and essentially there is no modification for it.
MR. ZELMAN: Yes, Your Honor.
JUDGE EVERETT: Very well. A presentence investigation report is ordered by the Court as to Counts 2 and 3.
As to Count 1, is there any reason why we cannot proceed to sentencing on this matter?
MS. CAPPLEMAN: No, Your Honor.
MR. ZELMAN: Your Honor, we would request an opportunity to ensure our client is okay before we proceed to sentencing. It is my understanding that Charlie Adelson wasn't sentenced right away. we are asking for the same courtesy.
JUDGE EVERETT: Very well. The Court then will set a separate sentencing date.
MS. CAPPLEMAN: May I inquire whether the family members that are present would like to give victim impact now or at the future date?
JUDGE EVERETT: Go ahead.
MS. CAPPLEMAN: Judge, we are going to have two victim impact statements today.
JUDGE EVERETT: That's fine.
Right there in front of the lectern.
If you please can identify yourself for the record.
RUTH MARKEL: Yes. My name is Ruth Markel.
JUDGE EVERETT: You may give your impact statement, ma'am.
RUTH MARKEL: Thank you, Judge Everett. To the Honorable Judge Everett, my name is Ruth Markel. I am the mother of the late Dan Markel. JI stand before you today to express the profound sadness and grief that Dan's family and I have endured since this tragic murder. we have lost a treasure.
My son, Dan's, life was cut tragically short at 41 years old. For 11 years, we have been forced to be -- to a life filled with unimaginable pain and heartbreak. Dan's father, Phil, and his sister, Shelly, share in this unending sorrow.
Dan was a devoted father, brother, and son. Dan's life was marked by his devotion to family, education, and community. He was a loving, caring, and inspiring person.
His academic journey included studies politic and philosophy at Harvard University, earning a master's degree later in political theory from the Hebrew University of Jerusalem and Emanuel College in Cambridge and later going back to Harvard to get a law degree.
Dan was a prolific scholar and did start, cofounded the influential PrawfsBlawg. His energy, drive, and sociability greatly enriched the FSU College of Law. Dan's life was filled with passion, music, dance, sports, travel and people.
But of all my son's accomplishments, however, I am most proud of the devoted father Danny was to his two sons, B. and L. Dan was present, loving, and supportive, always putting his children's well-being first. He regularly attended the boys' daycares, reading with them. His office was filled with their drawings and his home, his living room filled with their toys. Dan was the boys' hero, and they have been forced to grow up without a father.
Dan's murder has shattered our family and caused deep, permanent pain. This was a particularly senseless crime, and the murder was particularly insensible. It was not revenge. Dan was a law-abiding and respectful citizen, an active father, and a loving son. His life was devoted to teaching and helping others.
The pain and suffering of Dan's murder goes well beyond other families, too. That is why I wrote the book: The UnvetTling, A Mother's Reflection on murder, Grief, and Trial Life.
In my unrelenting grief, I turned to advocacy, to feel purpose and to help others with these tragic losses. I have found meaning and comfort to connect with others who want to serve justice.
To all the community of journalists, TV programs, podcasters, Tallahassee communities, and the allies who put their hearts in keeping Danny's story alive, we are full of thanks.
To law enforcement and prosecutors, our gratitude is beyond -- beyond for their dedicated, careful perseverance in seeking justice for Danny and our family. If Tallahassee is known for football, Tallahassee should be known for the prosecution and for law enforcement. They have done an outstanding job.
These extraordinary efforts underscore the brutal truth of our family's story, Danny's murder was orchestrated by his former mother-in-law Donna Adelson and other coconspirators and is a crime of cruelty. It is a murder of grief, a murder of selfishly prioritizing one's own desires over what is just and right. And at its core, this was a murder of convenience. So that one grandmother could live closer to her grandchildren, she killed their father and ripped the children from the other grandparents’ lives.
Donna Adelson's crimes against Dan began long before his murder. She belittled Dan in front of his children. She spread lies about him and contributed to a brutal separation between Dan and wendi. She rented the house, and Dan came home and he found that wendi and the boys were gone with most of their belongings. He called this devastation Pearl Harbor.
Donna's eagerness for Wendi to divorce Dan and to relocate to South Florida led her to increasingly devise desperate schemes. Despite these efforts, the Court ruled that wendi could not move the boys away from their loving father. Failing to achieve her goal through legal means, Donna finally resorted to orchestrating Dan's murder. She plotted, planned, and paid for his murder.
Donna's crimes left further devastation. Her middle son, Charlie, was convicted and sentenced to a life in prison for his role in facilitating Danny's murder-for-hire. Can you imagine a mother involving a son to complete a murder?
Donna's eldest son, Rob, an honest and decent man is estranged from the family. And her younger child, wendi, has decided, once again, to relocate to another state.
RUTH MARKEL: Her actions and those of her coconspirators have caused children to lose their parents. Katherine Magbanua, Sigfredo Garcia, and Charlie Adelson, also convicted -- are all convicted for life and have lost access to their children.
Prior to her arrest, Donna's recorded phone calls with Charlie reveal their lack of a moral compass or capacity for self-reflection. She blames external forces for her family's curse. They are outside of her, but she is the curse and lashes out angrily at witnesses to look -- and took the brave step to testify. Her modus operandi has always been to run, to run from Tallahassee and then to try to flee to Vietnam.
For our family, there is no such prospect for escape. Danny's absence leaves a hole at the center of our lives no matter where we go. Yet Dan's murder was not enough for Donna, his death was not enough, Danny had to be fully erased from his beloved sons. The boys’ last name was even changed, an extraordinary decision to excise the Markel name from Phil's only grandsons who shared his last name.
And after the first arrests were made, Donna didn't allow the Markel family to have access for over six years. It was only when there was a phenomenal Tallahassee advocacy group that passed the Markel Act. The passage of this bill was immediately followed by our first invitation to have the boys -- to see the boys after the arrest.
The door only cracked open. Despite these efforts, we remain excluded from the boys’ lives. We were not at their bar mitzvahs or graduations. we have extremely highly choreographed visits and communications. we only wait for the day that B. and L. will visit their father and his grave and -- their father's history and his grave in Toronto. We want nothing more.
The facts of Dan's murder -- Danny's murder are difficult to swallow. The experiences Phil, Shelly, and I have been forced to suffer are profound as homicide survivors and victims of the criminal system.
The lives of Danny's two sons, our grandchildren, were forever turned upside down by this crime. B. and L. were only preschoolers when their father was murdered. And now they are forced to confront and try to understand the unthinkable crimes of murder and the Adelsons' involvement.
Our lives will never return to normal. For those who loved Danny and for those who Danny loved, there is no escape from the wicked effects of Donna -- what Donna Adelson set in motion, carried out, and paid for, and, for many years, enjoyed the aftermath of. Donna Adelson has caused immense devastation and an untimely, undeserved murder through her actions. while no trial or verdict can ever heal the profound wounds caused by Dan's murder, justice must be served.
I respectfully ask the Court to impose the maximum sentence on Donna Adelson. Her lack of cooperation and remorse throughout the case demands justice, the justice that Dan's life and memory fully deserve.
we are immensely grateful to the Court for its careful and compassionate deliberation. Respectively, Ruth Markel.
JUDGE EVERETT: Thank you, Ms. Markel.
Are there any other victim impact statements this evening?
MS. CAPPLEMAN: One more, Judge.
JUDGE EVERETT: If you please could tell us your name for the record.
PHIL MARKEL: Good evening. My name is Phil Markel. I'm Danny's father.
Judge Everett, I appreciate the opportunity to speak about the impact of Donna Adelson's actions on my family and the families of so many others. while this victim impact statement is addressed to you, Your Honor, it is also intended for the Adelson family -- Harvey, Charlie, wendi, and, particularly, Donna.
I would like them to understand and reflect on the deep and irreparable damage they have caused. The pain that they have caused my family is obvious and permanent. But they have also caused lifelong harm to their own immediate family and so many other families and children around.
Donna's selfishness, cruelty, and complete disrespect for human life, along with that of her coconspirators have left families forever broken.
Luis Rivera, his children have no father. Katherine Magbanua and Sigfredo Garcia, their children have no parents. Charlie Adelson, his son, R.A., has no father. Rob Adelson and his wife and their two children have lost their uncle and grandparents. Shelly and Ian, my daughter, their three children, my grandchildren, are left without an uncle and are separated from their cousins.
Of course, their heinous and callous actions have left me, Ruth, and Shelly without our Danny and B. and L. without their father. For anyone to commit such a cold-blooded, unprovoked act of murder is horrific.
For Donna, someone who claims to care so much about B. and L., her sunshines, her actions are beyond comprehension. She has harmed forever the people she claims to have loved.
In the Jewish custom, we have an expression to always wish others to live to 120 years of age. For Donna, I wish her to live to 120, alone, in her jail cell. I wish that every day of her remaining days, she thinks about the harm she has caused to so many, especially those two boys she claims to have loved so much.
For these reasons, Your Honor, I ask the Court sentence Donna Adelson to the maximum possible sentence.
And my only short question to Donna: was it worth it?
Respectfully, thank you.
JUDGE EVERETT: Thank you, Mr. Markel.
Are there any other matters that the Court needs to address this evening, Ms. Cappleman?
MS. CAPPLEMAN: No, Your Honor.
JUDGE EVERETT: with the PSI being ordered, the Court will pronounce sentence as to Counts 2 and 3 after it's been completed, the parties have had an opportunity to review the presentence investigation report, and make any objections if they believe they need to.
As to the three counts, the jury has found the defendant guilty of, I will adjudicate her guilty at this time, but the sentence will be pronounced as to the three counts at a later date. She is remanded for sentencing at this time.
Lieutenant Henry, please notify the commander at the jail that the appropriate screening needs to take place to ensure that the defendant is in an area where she is not subject to any self-harm.
For a case management date coming up, what would the parties request?
MS. CAPPLEMAN: Ms. Dugan's October court date, Your Honor.
JUDGE EVERETT: I believe that is 10/14; is that correct, Ms. Dugan?
MS. DUGAN: Yes, sir.
JUDGE EVERETT: October 14th for case management at 2:30 p.m. That will be in the normal Courtroom 3B.
Patricia, if you can make sure that the notice goes to DOC, so they are aware that the PSI needs to be completed as soon as possible.
COURT CLERK: TI already sent it, Judge.
JUDGE EVERETT: Thank you. We are in recess at this time. we will reconvene on October 14th. Have a good evening, everyone.
(Proceedings concluded at 8:07 p.m.)