4.Wendi Adelson — Immunity Rulings, Testimony, and Juror Questions
1,215 linesMS. CAPPLEMAN: The State calls wendi Adelson.
MR. DECOSTE: Your Honor, if we could approach. Not on Ms. Adelson, on scheduling.
JUDGE HANKINSON: I know you just got seated, but I think we're going to need to let y'all step out.
(Jury excused from the courtroom at 3:45 p.m.)
JUDGE HANKINSON: Is somebody getting the witness?
MS. CAPPLEMAN: Yes, sir.
MR. DECOSTE: Thank you, Your Honor. we had arranged the Collinses' deposition for 4:00 today. I believe that Ms. Adelson will take a long time.
I had asked the State what the plan was. I don't know if our plan is still to take the deposition of these witnesses, if these are witnesses that are still going to be called. But we had it set for 4:00. And I believe that Ms. Adelson will be a long witness.
JUDGE HANKINSON: why would she be a long witness?
MR. DECOSTE: Because I believe there will be a lot of questions from the State for Ms. Adelson.
JUDGE HANKINSON: Everybody in the audience, be seated.
Ms. Cappleman, do you expect this to be a lengthy witness?
MS. CAPPLEMAN: No, sir, but I think she'll probably be at least 45 minutes.
MR. DECOSTE: We have a court reporter that we've already paid that's waiting to begin in about ten minutes.
JUDGE HANKINSON: Y'all can be seated.
MR. ZANGENEH: Thank you, Judge.
JUDGE HANKINSON: I'm sorry. I mean, I'm not overly concerned about the deposition being a little bit late, but have you -- is her attorney here?
MS. CAPPLEMAN: I do not know the answer. All I know is that I made arrangements for Ms. Adelson to testify and I'm going to have --
MR. ZANGENEH: Yes, Judge, they're here.
MS. CAPPLEMAN: No, I think you're asking about Mr. Rivera's attorneys; correct?
JUDGE HANKINSON: No, Adelson's.
MS. CAPPLEMAN: Oh, I'm sorry, yes.
JUDGE HANKINSON: So we need to have some discussion about immunity. Is she here? Let's have the witness take the stand.
MR. DECOSTE: Your Honor, should I call off my reporter? I'd like to mitigate costs and I don't think that we'll be --
JUDGE HANKINSON: Wait a little while.
MR. DECOSTE: -- I don't think we'll be able to complete the depositions today then because we're going to lose the reporter at about 6:00.
JUDGE HANKINSON: Come on up, ma'am.
Place her under oath, please.
whereupon, WENDI ADELSON was called as a witness, having been first duly sworn, was examined and testified as follows:
JUDGE HANKINSON: And can I get your name for the record, please?
MR. LAURO: Yes, Your Honor, it's --
JUDGE HANKINSON: Go to the podium.
MR. LAURO: Good afternoon, Your Honor. It's John Lauro, L-A-U-R-O, and I'm counsel for Ms. Adelson.
JUDGE HANKINSON: All right. And it's my understanding that the State is requesting the Court to compel Ms. Adelson's testimony. Is that correct, Ms. Cappleman?
MS. CAPPLEMAN: Yes, Your Honor.
JUDGE HANKINSON: And based upon that, Ms. Adelson, the testimony you provide and anything derived from this testimony cannot be used against you, but you will be required to answer all relevant questions.
Do you understand that?
WENDI ADELSON: Yes, Your Honor.
JUDGE HANKINSON: All right. Anything else you want to make of record?
MR. LAURO: NO, Your Honor, thank you.
JUDGE HANKINSON: All right. Anything else?
MS. CAPPLEMAN: No, sir.
JUDGE HANKINSON: All right. Let's have the jury, please.
(Pause. )
MR. DECOSTE: Your Honor, can we get an estimate so I can tell the reporter?
JUDGE HANKINSON: I think she said about 45 minutes.
MR. DECOSTE: Would we then break after theirs and reserve cross for Tuesday?
JUDGE HANKINSON: No. we're going to finish today with this witness.
MR. DECOSTE: I understand. I don't believe that we're going to be able to do the deposition today.
JUDGE HANKINSON: That's up to you.
(jury returned to the courtroom at 3:51 p.m.)
JUDGE HANKINSON: Everybody be seated, please.
You may proceed, Ms. Cappleman.
MS. CAPPLEMAN: Thank you, sir.
DIRECT EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. Please introduce yourself and spell your name.
WENDI ADELSON: My name is Wendi Adelson, W-E-N-D-I, A-D-E-L-S-O-N.
MS. CAPPLEMAN: How are you employed, Ms. Adelson?
WENDI ADELSON: I'm an attorney.
MS. CAPPLEMAN: All right. And do you know --
JUDGE HANKINSON: Move that microphone up just a little bit if you would, please, ma'am. All right.
WENDI ADELSON: I'm an attorney.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. How were you employed back in 2014?
WENDI ADELSON: I was employed at FSU Law School.
MS. CAPPLEMAN: Okay. And were you a member of the Florida Bar at that time?
WENDI ADELSON: I was.
MS. CAPPLEMAN: All right. And do you know -- did you know Dan Markel?
WENDI ADELSON: Yes, I did.
MS. CAPPLEMAN: How did you know Mr. Markel?
WENDI ADELSON: He was my husband.
MS. CAPPLEMAN: when did you meet him?
WENDI ADELSON: we met in 2004.
MS. CAPPLEMAN: Okay. And when did you marry?
WENDI ADELSON: we married in 2006.
MS. CAPPLEMAN: Did you ever live in Tallahassee?
WENDI ADELSON: I did live in Tallahassee.
MS. CAPPLEMAN: when did you first move to Tallahassee?
WENDI ADELSON: we moved to Tallahassee in 2000 -- in the fall, August, of 2005. And we lived in Tallahassee that academic year, so from 2005 until the summer of 2006. And then we spent a year living in Miami from 2006 to 2007. And then I lived back in Tallahassee from 2007 to 2014.
MS. CAPPLEMAN: why did you move to Tallahassee the first time?
WENDI ADELSON: The first time we moved to Tallahassee for Danny's job. He got a job at FSU Law School.
MS. CAPPLEMAN: All right. And what about the second time?
WENDI ADELSON: And the second time, we moved back to Tallahassee because he had tried to get a job at University of Miami Law School and it didn't work out.
MS. CAPPLEMAN: All right. So both times it was for his employment?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: Okay. Did you like living in Tallahassee?
WENDI ADELSON: I did.
MS. CAPPLEMAN: All right. And did you live on Trescott Drive?
WENDI ADELSON: we did.
MS. CAPPLEMAN: I'm showing you State's Exhibit 6. Is that an image of the home -- the marital home that you lived in here in Tallahassee?
WENDI ADELSON: That was -- that was our home.
MS. CAPPLEMAN: Okay. And where are you from, Ms. Adelson?
WENDI ADELSON: I'm from Broward County originally.
MS. CAPPLEMAN: Okay. And do you have family members in Broward currently?
WENDI ADELSON: I have one family member in Broward.
MS. CAPPLEMAN: where do you live currently? Or you can just tell us the county.
WENDI ADELSON: I live in Miami-Dade County.
MS. CAPPLEMAN: And what about your parents? where do they live?
WENDI ADELSON: They currently live in Miami-Dade County.
MS. CAPPLEMAN: All right. And what about your brother Charles Adelson?
WENDI ADELSON: He lives in Broward County.
MS. CAPPLEMAN: All right. And do you have any children?
WENDI ADELSON: I do.
MS. CAPPLEMAN: And how many children do you have?
WENDI ADELSON: I have two children.
MS. CAPPLEMAN: what are their ages?
WENDI ADELSON: They are ten and eight, turning nine soon.
MS. CAPPLEMAN: Okay. Both boys?
WENDI ADELSON: Both boys.
MS. CAPPLEMAN: And both the biological children of Dan Markel?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: How is your -- are your family members employed; specifically, your parents and your brother?
WENDI ADELSON: My mom is not currently working very much. She helps out with my dad's office. My dad is a dentist. And my brother Charlie is a periodontist.
MS. CAPPLEMAN: And does your family have a dental practice in South Florida?
WENDI ADELSON: They do.
MS. CAPPLEMAN: That they own and operate?
WENDI ADELSON: They do.
MS. CAPPLEMAN: Okay. Is your family in South Florida wealthy? TI know it's a relative term.
WENDI ADELSON: Are you asking me to speculate?
MS. CAPPLEMAN: No, I'm asking if they're wealthy. If you don't know, you can just say you don't know.
WENDI ADELSON: It depends how you define wealthy.
MS. CAPPLEMAN: Okay. Are they millionaires?
MS. CAPPLEMAN: Okay. when did you separate from Mr. Markel?
WENDI ADELSON: we separated in the fall of 2012.
MS. CAPPLEMAN: And was part of the reason for your disagreement or separation having to do with how to raise the children in terms of your faith?
WENDI ADELSON: Yes. we had different ways of practicing our faith.
MS. CAPPLEMAN: Okay. Do you know when you filed for divorce?
WENDI ADELSON: I believe it was the fall of 2012.
MS. CAPPLEMAN: Okay. 9/10/2012 sound right to you?
WENDI ADELSON: That sounds right.
MS. CAPPLEMAN: Okay. And when you separated initially in the fall of 2012, did you move to South Florida with the kids?
WENDI ADELSON: No, I did not.
MS. CAPPLEMAN: You didn't go to South Florida with the kids?
WENDI ADELSON: No, I did not.
MS. CAPPLEMAN: Okay. Was it your desire during that time to move with the children to South Florida?
WENDI ADELSON: I would say right then, no, it wasn't.
MS. CAPPLEMAN: Are you familiar with a court order ordering you to come back to Tallahassee from South Florida?
WENDI ADELSON: I'm not familiar with that.
MS. CAPPLEMAN: Okay. When you moved out from the marital home there on Trescott Drive, you lived at another residence in Tallahassee; is that correct?
WENDI ADELSON: I did.
MS. CAPPLEMAN: And do you recall the address there?
WENDI ADELSON: I do, 3303 Aqua Ridge way.
MS. CAPPLEMAN: Okay. And was there a time during the time that you were living there at Aqua Ridge that you determined that you would like to move to South Florida with the children?
WENDI ADELSON: There was.
MS. CAPPLEMAN: All right. And were your parents very involved in trying to facilitate that relocation?
WENDI ADELSON: My parents were supportive of me moving to South Florida.
MS. CAPPLEMAN: would you describe your parents as being over involved in your personal business?
WENDI ADELSON: As compared to other people's parents?
MS. CAPPLEMAN: Yeah.
WENDI ADELSON: I don't know.
MS. CAPPLEMAN: what was the child custody schedule when you were living at Aqua Ridge and -- I assume Mr. Markel continued to live in the marital home on Trescott?
WENDI ADELSON: He did.
MS. CAPPLEMAN: Okay. what was the custody situation with the kids?
WENDI ADELSON: So the custody situation changed over time and depending on the part of the year, but I think in the beginning we would -- we would do a wednesday night overnight. We had -- it was about 50/50 shared custody, but I don't remember the exact arrangement. I do remember in the summertime it would switch to week on/week off, but during the school year it was slightly different.
MS. CAPPLEMAN: So still 50/50, but not necessarily every other week. It was mixed up within the week?
WENDI ADELSON: It was.
MS. CAPPLEMAN: Okay. And you mentioned that you did develop a desire to move to South Florida. Did you file a motion to that effect on January 14th, 2013?
WENDI ADELSON: That sounds -- that sounds -- I did file a motion. I don't remember the exact date.
MS. CAPPLEMAN: Okay.
WENDI ADELSON: But that sounds about right.
MS. CAPPLEMAN: All right. And in that motion, did you make some allegations that Mr. Markel was making things difficult for you at work?
WENDI ADELSON: I did.
MS. CAPPLEMAN: Okay. And was that motion granted or denied?
WENDI ADELSON: That motion was denied.
MS. CAPPLEMAN: All right. Denied with prejudice?
WENDI ADELSON: I don't remember.
MS. CAPPLEMAN: Okay.
WENDI ADELSON: If you have it, you can -- I'm happy to take a look.
MS. CAPPLEMAN: Okay. But in any event, you were not able to move at that time?
WENDI ADELSON: I did not move.
MS. CAPPLEMAN: And were you upset about being stuck in Tallahassee?
WENDI ADELSON: I was relieved.
MS. CAPPLEMAN: You were relieved. You wanted to stay in Tallahassee?
WENDI ADELSON: I was happy at my job.
MS. CAPPLEMAN: Okay. Do you recall when your divorce to Mr. Markel became final?
WENDI ADELSON: The summer of 2013.
MS. CAPPLEMAN: Okay. July 31st sound about right?
WENDI ADELSON: That sounds right.
MS. CAPPLEMAN: Okay. would you consider your divorce with Mr. Markel to be a nasty divorce?
WENDI ADELSON: I think most divorces aren't very pleasant.
MS. CAPPLEMAN: Okay. But this one was, like, really unpleasant; right?
WENDI ADELSON: I found getting divorced to be unpleasant, yes.
MS. CAPPLEMAN: And in the litigation that ensued between the two of you, you guys argued over things as small as a tennis racket, I noticed in one pleading.
WENDI ADELSON: I don't remember that.
MS. CAPPLEMAN: Did he threaten to press kidnapping charges against you?
MS. KAWASS: Objection, hearsay.
JUDGE HANKINSON: Overruled.
WENDI ADELSON: I don't remember that.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Do you remember that?
MS. CAPPLEMAN: Did he threaten to go after your law license? Do you remember that?
WENDI ADELSON: I don't remember that, no.
MS. CAPPLEMAN: Do you remember him saying you failed to disclose a bunch of assets in the divorce process?
WENDI ADELSON: I do remember that.
MS. CAPPLEMAN: Okay. Did you guys have any mediations as part of your divorce?
WENDI ADELSON: we did have mediations leading up to settlement.
MS. CAPPLEMAN: Two eight-hour mediations; correct?
WENDI ADELSON: I don't remember how long they were, but they seemed very long.
MS. CAPPLEMAN: Yeah. And they both did not result in a resolution?
WENDI ADELSON: They did not.
MS. CAPPLEMAN: All right. But you did reach a settlement, I think kind of just on the eve of a trial on the matter; correct?
WENDI ADELSON: That sounds right.
MS. CAPPLEMAN: Do you remember this motion that was filed by your deceased ex-husband on March 26th, 2014, involving -- among other things, it had to do with your mother, an allegation that your mother was disparaging the children [sic]?
MS. KAWASS: Objection, motion in limine, hearsay.
JUDGE HANKINSON: Overruled.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: I'm sorry, disparaging him to the children is what I meant to say. Are you familiar with that pleading?
WENDI ADELSON: I am familiar with that pleading.
MS. CAPPLEMAN: All right. And in that pleading, did he allege that you were depriving him of physical access to the children?
WENDI ADELSON: I don't remember the specifics.
MS. CAPPLEMAN: Do you recall whether he was complaining about you refusing to communicate with him about right of first refusal to the children during your time with them?
WENDI ADELSON: I know he was frustrated about the Skyping.
MS. CAPPLEMAN: Lack of communication via Skype between he and the children?
WENDI ADELSON: Hard to Skype with two toddlers, yes.
MS. CAPPLEMAN: All right. And in that motion, do you recall him being upset about an allegation that you let the kids eat nonkosher foods?
WENDI ADELSON: I remember him being upset about that in general, but I don't remember whether it was in a motion or not.
MS. CAPPLEMAN: what does that mean, nonkosher foods?
WENDI ADELSON: So kosher rules have to do with the separation of milk and meat or dairy and meat. So nonkosher foods would be meat that hasn't been killed in a way that conforms with Jewish law, or the mixing of the two.
MS. CAPPLEMAN: And is observing those types of eating habits something that's important to you?
WENDI ADELSON: It is not important to me.
MS. CAPPLEMAN: And was it something that was important to Dan Markel?
WENDI ADELSON: It was important to Danny.
MS. CAPPLEMAN: And it was important to him that the children observe that way of eating; correct?
WENDI ADELSON: It was.
MS. CAPPLEMAN: And in that motion, did he seek to restrict your mother's contact with the kids to supervised visits only?
WENDI ADELSON: I don't remember. But if you'd like to show me the motion, I can take a look.
MS. CAPPLEMAN: Okay. But you don't remember that portion?
MS. CAPPLEMAN: All right. Do you remember the allegation that your mother made statements to the children that Grandma hates you --
MS. KAWASS: Objection, hearsay within hearsay, Judge.
JUDGE HANKINSON: Overruled.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: -- Grandma says you're stupid, your father is trying to take my sunshines away, anything like that; do you recall?
WENDI ADELSON: No. But again, I'm happy to look at it if you'd like to show me.
MS. CAPPLEMAN: I understand.
Do you recall that Mr. Markel was seeking sanctions against you personally in that motion?
WENDI ADELSON: I don't remember that.
MS. CAPPLEMAN: Do you know whether this would have been a motion that you would have shown to your mother? Would she have been aware of it?
WENDI ADELSON: I probably would have shown my mom the motion.
MS. CAPPLEMAN: Is it fair to say that your parents are very protective of you?
WENDI ADELSON: I think that's fair to say.
MS. CAPPLEMAN: Is it fair to say that your brother is very protective of you?
WENDI ADELSON: I think that's fair to say.
MS. CAPPLEMAN: Okay. What about Dan Markel, did your family like him?
WENDI ADELSON: Do you want to specify a point in time?
MS. CAPPLEMAN: well, I'm specifically thinking of a statement you made in the interview after his death where you indicated that your parents were very angry with him. Is that accurate?
WENDI ADELSON: At that point in time, during our divorce, I do think they were angry with them. They felt like he had treated me badly.
MS. CAPPLEMAN: And the motion to preclude your mom from having unsupervised contact with your kids, that was still pending at the time of his murder; correct?
WENDI ADELSON: That's possible. I mean, I don't think anyone took that motion very seriously.
MS. CAPPLEMAN: Okay. Did your mom take it seriously?
WENDI ADELSON: I don't think so.
MS. CAPPLEMAN: Did Dan Markel take it seriously?
WENDI ADELSON: I don't know how Danny felt about a motion. If he wrote the motion, he was probably taking it seriously.
MS. CAPPLEMAN: I want to approach with some e-mails. Have you had an opportunity to review State's Exhibit 80?
MS. KAWASS: Your Honor, could I see what the State is approaching with the witness, please?
CExhibit shown to counsel).
MS. KAWASS: Your Honor, and I'm going to -- TI don't know if you want to do it now or I'm going to request a sidebar on this.
JUDGE HANKINSON: What's that?
MS. KAWASS: I'm going to request a sidebar on this, Judge.
JUDGE HANKINSON: we'll let her identify it first.
MS. KAWASS: Okay.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: This is State's Exhibit 80. Just take a moment and flip through, make sure this is the exhibit you reviewed previously.
WENDI ADELSON: I've been shown these exhibits.
MS. CAPPLEMAN: Okay. And are these exhibits fair and accurate copies of e-mails between yourself and your mother Donna Adelson?
WENDI ADELSON: They are.
MS. CAPPLEMAN: And the e-mail addresses on this exhibit, DonnaHarvey@gmail.com, whose address is that?
WENDI ADELSON: My parents have a joint e-mail address.
MS. CAPPLEMAN: Okay. But you were communicating with one of them in particular in these e-mails?
WENDI ADELSON: whoever signed the e-mail, but it could be from either or both of them.
MS. CAPPLEMAN: Okay. Either could have used it, but we can deduce from who signed it who this one was from?
WENDI ADELSON: That sounds right.
MS. CAPPLEMAN: Okay. And wendiAdelson@gmail.com, is that you?
WENDI ADELSON: That is me.
MS. CAPPLEMAN: All right. Judge, at this time, I'd ask to move into evidence State's Exhibit 80.
JUDGE HANKINSON: All right. we'll go sidebar.
AT THE BENCH
MS. KAWASS: Your Honor, the State can correct me if I'm misrepresenting the evidence. This is an e-mail from Donna Adelson, who will not be testifying in this trial and therefore not subject to cross-examination. There is no hearsay exception that this falls under.
MS. CAPPLEMAN: It's not offered for the truth of the matter asserted, Judge. It's offered to go to motive.
JUDGE HANKINSON: That's my understanding. I'll overrule the objection.
Do you want me to instruct the jury as to its purpose?
MS. KAWASS: No, I would ask that I be allowed to cross -- it would still be over my objection, but I'd like to cross Ms. Adelson about the whereabouts of her mother and that she is not testifying in this trial.
JUDGE HANKINSON: I'll deal with that when the question comes up.
Do you want me to give a curative instruction to the jury explaining that these are not being offered --
MS. KAWASS: Yes.
JUDGE HANKINSON: -- to prove the truth of the matter asserted, but simply to show these people's state of mind?
MS. KAWASS: Yes, Judge, I just want to make sure for the record that that -- I will take that, but it's still -- it would be over my objection. But, yes, I would request that.
JUDGE HANKINSON: Okay. I understand. Okay.
IN OPEN COURT
JUDGE HANKINSON: Let me give a brief legal explanation to the jury. You've heard a number of hearsay objections about things that were said by Mr. Markel, things that are in these e-mails by another person who may not be testifying.
Normally we refer to those things as hearsay and they're not allowed without the person actually testifying, but there are a whole bunch of exceptions to that. And one of the exceptions to that is when it's not being offered to prove that what's said is true but simply to show that it has been said because there's some relevance to the fact that these statements were made.
So I am not offering these statements to show they're true. These persons -- I mean, obviously, Mr. Markel can't be here for us to have cross-examination of him. we don't anticipate that the other Ms. Adelson will be here as a witness. We can't test -- the attorneys will not be able to test that to see whether that's true or not, but I am allowing it for the limited purposes to show state of mind of these persons.
So you may proceed, Ms. Cappleman.
MS. CAPPLEMAN: Yes, Your Honor.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: I noticed in the e-mails your mother referring to who I think is Dan Markel as Jibbers. What does that mean?
WENDI ADELSON: Jibbers was a nickname that I gave Danny when he was being really difficult and causing me a lot of pain. It was sort of nickname I gave him to make him feel less threatening.
MS. CAPPLEMAN: So it was a derogatory thing?
WENDI ADELSON: I wouldn't say it was derogatory.
MS. CAPPLEMAN: Did you call him that to his face?
WENDI ADELSON: No, I called him Danny to his face.
JUDGE HANKINSON: And Jibbers would be what? How would you spell that?
WENDI ADELSON: TI don't know that I ever spelled it out. In the e-mails, I think it's spelled with a J, but I guess you could spell it with a G.
JUDGE HANKINSON: J-I-B-B-E-R-S?
WENDI ADELSON: That would be one way to spell it.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Ms. Adelson, you had Mr. Markel's phone number programmed into your phone as J-I-B-B-E-R-S; didn't you?
WENDI ADELSON: That's right.
MS. CAPPLEMAN: Do you know much about your brother Charles Adelson's business practices?
WENDI ADELSON: I know that he does implant surgery.
MS. CAPPLEMAN: Do you know anything about whether he offers discounts for cash or does a lot of business in cash?
WENDI ADELSON: I have no idea.
MS. CAPPLEMAN: Do you know if there's a safe in your parents’ house that has stacks of cash inside?
WENDI ADELSON: I don't know about a safe with stacks of cash.
MS. CAPPLEMAN: So you don't have a stack of cash in your parents’ safe that's wendi's stack?
MS. CAPPLEMAN: Okay. Did Charlie Adelson like Dan Markel? And again, I'm referring to the timeframe before his death.
WENDI ADELSON: I mean, I think he was also -- he would listen to me when I would tell him about things I was upset about at the time with the divorce. So whether he liked him or didn't like him, he certainly was supportive of me.
MS. CAPPLEMAN: But he never expressed any dislike?
MS. CAPPLEMAN: Did he mention hiring a hitman to kill your husband?
MS. KAWASS: Objection, hearsay.
JUDGE HANKINSON: Overruled.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Did he ever joke about he looked into hiring a hitman but buying you a TV as a divorce present would be cheaper?
WENDI ADELSON: He did make that joke. He tended to repeat himself and sometimes he would make jokes that weren't very funny about all kinds of things.
MS. CAPPLEMAN: All right. And was that -- did he buy you a TV as a divorce present?
WENDI ADELSON: He did.
MS. CAPPLEMAN: And was that Tv the same Tv that was being repaired at your residence at the time that your husband was murdered?
WENDI ADELSON: It was.
MS. CAPPLEMAN: who made the arrangements for that TV repair?
WENDI ADELSON: I did.
MS. CAPPLEMAN: Your mom didn't make those arrangements?
WENDI ADELSON: I don't believe so.
MS. CAPPLEMAN: And the repairman was at your house that morning that your husband died between 8:30 and 9:15. Do you agree with that?
WENDI ADELSON: I remember he was supposed to come between 8:00 and noon, and then he ended up coming on the early side.
MS. CAPPLEMAN: That's when he arrived, between 8:30 and 9:15?
WENDI ADELSON: That's my best recollection.
MS. CAPPLEMAN: Did Charlie ever say that he considered all possible options to take care of the problem, the problem being Dan Markel?
MS. KAWASS: Objection, hearsay. And, Your Honor, can I just have a standing objection so I don't keep interrupting Ms. Cappleman?
JUDGE HANKINSON: You may.
MS. KAWASS: Thank you.
JUDGE HANKINSON: Overruled.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Did he ever say that?
MS. CAPPLEMAN: After the murder of Mr. Markel, did Charlie Adelson take you out for a celebration dinner?
MS. CAPPLEMAN: Do you recall any dinner where -- shortly after Mr. Markel's death where you were with Mr. Charlie Adelson and vomited?
WENDI ADELSON: I do remember that dinner. I --
MS. CAPPLEMAN: That was --
WENDI ADELSON: I'm sorry?
MS. CAPPLEMAN: Go ahead. I interrupted you.
WENDI ADELSON: After -- after Danny died, I was terrified that someone was going to come after me or my children and harm us as well. And so I didn't leave my house for about a month. And when I finally felt ready to leave the house and have dinner, I told my brother that I wanted -- I wanted to have dinner, that I was ready to finally go to a restaurant and eat ameal again. And I had barely eaten for a full month just out of grief and shock.
And so that night when I finally ate for the first time, they ended up taking a while before they sat us. And they sat us at the bar and I had a drink. And I wasn't used to eating anything or drinking alcohol, and I threw up at the table, the only time in my life I've done something like that. But it was certainly not a celebration.
MS. CAPPLEMAN: And you never heard your brother refer to it in that way?
MS. CAPPLEMAN: Okay. Were you involved in any way in a plot to kill Dan Markel?
MS. CAPPLEMAN: Do you have any knowledge, other than the statements you've said your brother made or the jokes your brother made, do you have any knowledge of anyone being involved in a plot to kill your husband?
MS. CAPPLEMAN: Do you know Katherine Magbanua?
WENDI ADELSON: I have met her before.
MS. CAPPLEMAN: How do you know her?
WENDI ADELSON: We met one time at dinner when I came home and my brother introduced me to her. And I think we might have gone to the beach once with her and a friend for a few hours.
MS. CAPPLEMAN: I'm going to show you what I've marked as State's Exhibit 36.
Is that a photograph of you and Katherine Magbanua at the beach?
WENDI ADELSON: with her friend, yes.
MS. CAPPLEMAN: Okay. And do you remember the friend's name?
WENDI ADELSON: I don't.
MS. CAPPLEMAN: All right. Is this a fair and accurate photograph from that event?
WENDI ADELSON: That looks like the three of us at the beach, yes.
MS. CAPPLEMAN: Do you recall when this was taken?
WENDI ADELSON: I don't.
MS. CAPPLEMAN: Does Father's Day Weekend 2014 sound correct?
WENDI ADELSON: So June, 2014?
MS. CAPPLEMAN: Yes, ma'am.
WENDI ADELSON: That's possible.
MS. CAPPLEMAN: All right. would it refresh your memory to look at the data associated with that photograph?
WENDI ADELSON: Sure.
MS. CAPPLEMAN: Okay. I'm approaching -- let me show defense this.
(Exhibit shown to defense counsel.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. Take a look at this top block there that references this photo and tell me if you can advise when the photo was taken.
WENDI ADELSON: It looks like it was taken on June 15th, 2014.
MS. CAPPLEMAN: All right. And do you know where the photo was taken?
WENDI ADELSON: I think that's South Beach.
MS. CAPPLEMAN: Close to where your parents were living in the condo?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And did you say how you know Ms. Magbanua?
WENDI ADELSON: I -- she was dating my brother.
MS. CAPPLEMAN: Judge, at this time, I'd ask to introduce State's 36.
JUDGE HANKINSON: Is there objection?
MR. ZANGENEH: None from Mr. Garcia, Judge.
MS. KAWASS: None from Ms. Magbanua, Your Honor.
JUDGE HANKINSON: It'll be admitted.
(State's Exhibit No. 36 received in evidence.)
MS. CAPPLEMAN: We might have to do the lights. It's a little dark.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. So which one is you?
WENDI ADELSON: I'm the one in the middle.
MS. CAPPLEMAN: Okay. And which one is Ms. Magbanua?
WENDI ADELSON: The one on the left-hand side to the right of me in the photo.
MS. CAPPLEMAN: And this is one of her friends?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: Ms. Magbanua's friends?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: I'll approach and show you one more photo, State's Exhibit 37.
Do you recognize this photo?
WENDI ADELSON: I don't recognize that photo, but I recognize the people in it.
MS. CAPPLEMAN: Okay. who's in it?
WENDI ADELSON: That's my brother and I think that's Katie.
MS. CAPPLEMAN: All right. Is Katie Katherine Magbanua?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And is this a fair and accurate photo of the two of them when -- I guess during the time that they were dating?
WENDI ADELSON: That looks right.
MS. CAPPLEMAN: Judge, at this time, I'd ask to move into evidence State's 37.
JUDGE HANKINSON: Is there objection?
MS. KAWASS: Yes, Your Honor. This witness is not able to properly authenticate that picture in terms of when it was taken and where it was taken. So I would object on that basis.
JUDGE HANKINSON: Sustained.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Your brother dated Katherine Magbanua?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: Okay. And was that the context in which you became acquainted with her was through your brother?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: Okay. Do you know when they began seeing each other, your brother and Ms. Magbanua?
WENDI ADELSON: I have no idea.
MS. CAPPLEMAN: Do you know when they stopped seeing each other?
WENDI ADELSON: I have no idea.
MS. CAPPLEMAN: Do you know whether the relationship between your brother and Ms. Magbanua was a serious relationship?
WENDI ADELSON: I met many, many girlfriends of my brother's over the years. I didn't get any indication that it was a serious relationship.
MS. CAPPLEMAN: Okay. He's a guy that has a lot of girlfriends?
WENDI ADELSON: He has had a lot of girlfriends.
MS. CAPPLEMAN: How many girlfriends has he had since Katherine Magbanua?
WENDI ADELSON: I have no idea.
MS. CAPPLEMAN: Several?
WENDI ADELSON: Probably.
MS. CAPPLEMAN: And does he have a child with someone now?
WENDI ADELSON: He does have a child.
MS. CAPPLEMAN: How old is your brother?
WENDI ADELSON: Forty-three.
MS. CAPPLEMAN: Has he ever been married?
MS. CAPPLEMAN: Do you know whether your brother makes a practice of giving gifts to his former girlfriends?
WENDI ADELSON: I have no idea.
MS. CAPPLEMAN: Are you aware of any specific gift he's ever given to a former girlfriend?
MS. CAPPLEMAN: Do you know Sigfredo Garcia?
MS. CAPPLEMAN: Have you ever met him?
MS. CAPPLEMAN: I want to ask you about the week prior to Mr. Markel'’s murder, like June 30th through July 10th, 2014. were you in South Florida that week?
WENDI ADELSON: I know I was in South Florida for my father's 70th birthday. My dad's birthday is July 5th. TI don't remember if his party was on his actual birthday or a little before or a little after, but I remember I went down for his birthday.
MS. CAPPLEMAN: Can you tell the jury whether or not you were in South Florida on July 1st, 2014?
WENDI ADELSON: I couldn't say for sure.
MS. CAPPLEMAN: Okay. But it would --
WENDI ADELSON: I may have traveled that day. I don't remember exactly when I went down. I only remember I was there for probably about a week and that I went down for my dad's birthday, but I couldn't tell you more exactly than that.
MS. CAPPLEMAN: Your dad's birthday is on the 5th?
WENDI ADELSON: It is.
JUDGE HANKINSON: What month?
WENDI ADELSON: Of July.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: was Mr. Markel planning to leave town the day after he was murdered?
WENDI ADELSON: I believe he was.
MS. CAPPLEMAN: Do you know where he was going?
WENDI ADELSON: I believe he was going to New York to visit his girlfriend.
MS. CAPPLEMAN: How old was Mr. Markel when he was killed?
WENDI ADELSON: He was born in 1972 and he died in July of 2014 before -- his birthday is in October. He was 41.
MS. CAPPLEMAN: Forty-one-years old?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: Did the -- did law enforcement in this case analyze your cell phone?
WENDI ADELSON: I gave them my cell phone.
MS. CAPPLEMAN: Okay. And in your cell phone, you have some contacts for Donna Adelson, Harvey Adelson and Charlie Adelson, as well as Jibbers, who we've established is Dan Markel. Are all the phone numbers in your phone for them accurate phone numbers for those folks?
WENDI ADELSON: I would imagine so.
MS. CAPPLEMAN: And I want to ask you about some recorded phone calls that were taken in association with this case. Did you have an opportunity to review a disc of some of those phone calls?
WENDI ADELSON: I did. The phone calls weren't played --
MS. CAPPLEMAN: I'm sorry. Hold on just a moment, please.
WENDI ADELSON: Yeah.
MS. CAPPLEMAN: All right. So I provided you with a disc; correct?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And a list of the specific phone calls and the voices on the specific phone calls that I was asking you ~whether you could identify?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: All right. And did you initial next to the letters of those calls that you were able to identify?
WENDI ADELSON: I did.
MS. CAPPLEMAN: I'm going to approach and show you State's Exhibit 175, 175.
WENDI ADELSON: I just wanted to clarify that we didn't listen to the phone calls from beginning to end for each one, but that we were able to listen to parts of the phone calls so that we could authenticate who was speaking on the phone call.
MS. CAPPLEMAN: Okay. And when you say "we," who are you referring to?
WENDI ADELSON: Myself and my attorney.
MS. CAPPLEMAN: Okay. So you listened to, you felt, enough of the phone call in order to be able to tell me whose voice was on the call?
WENDI ADELSON: That's right.
MS. CAPPLEMAN: Okay. And when you initial next to the highlighted portions -- okay. I guess I should say, the calls are listed by letter and number, each call. And then I have highlighted the names that I am asking you to authenticate; is that correct?
WENDI ADELSON: That's correct.
MS. CAPPLEMAN: All right. And if you've initialed next to that call, does that signify that you were able to authenticate that the highlighted names on that call were the voices of those people?
WENDI ADELSON: Correct.
MS. CAPPLEMAN: Okay. So namely, Donna Adelson and Charlie Adelson; correct?
WENDI ADELSON: Correct.
MS. CAPPLEMAN: All right. Thank you.
Judge, at this time, I'd ask to move into evidence State's 175.
MR. ZANGENEH: No objection from Mr. Garcia.
MS. KAWASS: There's an objection from Ms. Magbanua, Judge. I can't --
JUDGE HANKINSON: Your legal objection?
MS. KAWASS: Your Honor, I think it would require a speaking objection so I'm not sure how you'd like to handle it.
JUDGE HANKINSON: State your legal objection.
MS. KAWASS: The legal objection is going to be relevance at this point and improper foundation.
JUDGE HANKINSON: All right. I'll overrule that objection. I'll admit State's Exhibit 175.
(State's Exhibit No. 175 received in evidence.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: I want to talk about your location on the day of Mr. Markel's murder. You know that law enforcement looked at your phone and sort of looked at your movements that day?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: Okay. And that information indicates you were home at the Aqua Ridge residence at approximately 12:27, after noon that day; is that correct?
WENDI ADELSON: I don't remember exactly what time but that sounds right. I know I had left to meet some friends for lunch, so I guess it was -- I had left -- I was home until that time. That sounds right.
MS. CAPPLEMAN: All right. So it seems like kind of around lunchtime, about half after noon?
WENDI ADELSON: Sure.
MS. CAPPLEMAN: All right. And then shortly after that at 12:29, it appears you were traveling on Centerville Road. Is that a normal way that you would ingress and egress from your Aqua Ridge residence?
WENDI ADELSON: That sounds right.
MS. CAPPLEMAN: All right. And when you left there -- when you left your residence, you said you were going to lunch. Did you go directly to lunch?
WENDI ADELSON: No. I stopped and made a purchase for a party that I was supposed to attend first.
MS. CAPPLEMAN: And what was that purchase?
WENDI ADELSON: It was -- it was my first time purchasing bourbon. It was for -- it was for, like, a -- not a bridal shower. It was for a bachelor -- no. It was for a wedding party, but it was the bride and groom together, and they had asked for people to buy certain alcohol to help them --
MS. CAPPLEMAN: Like a stock the bar party?
WENDI ADELSON: A stock the bar party. I forgot what it was called.
MS. CAPPLEMAN: Okay. And do you remember what type of bourbon you purchased?
WENDI ADELSON: I don't.
MS. CAPPLEMAN: Does Bullet Bourbon sound familiar?
WENDI ADELSON: Maybe. It was -- they had a list of what they wanted, and so I asked the person at the store if they had whatever kind it was.
MS. CAPPLEMAN: Okay. And do you recall where you went to purchase the alcohol?
WENDI ADELSON: I think I went on Thomasville Road at ABC Liquor.
MS. CAPPLEMAN: Okay. Is there a reason you went to that particular store?
WENDI ADELSON: No, I just -- I don't know many liquor stores. That was the first one that popped up.
MS. CAPPLEMAN: All right. And you made that purchase, according to the receipt that was in your vehicle, at 12:49. Does that sound about right to you?
WENDI ADELSON: That sounds right.
MS. CAPPLEMAN: Okay. And did you make any stops between leaving your residence and going to the liquor store?
WENDI ADELSON: Did I -- maybe I purchased gas?
MS. CAPPLEMAN: I don't know if you did or not, but I'm referring to your visit to the crime scene.
WENDI ADELSON: I did not visit the crime scene.
MS. CAPPLEMAN: Okay. You did not pull up to the crime scene tape on Trescott Drive?
WENDI ADELSON: No. I was driving on Centerville Road, and sometimes I would take the shortcut through Trescott.
MS. CAPPLEMAN: Yes, ma'am.
WENDI ADELSON: But when I was driving on Centerville Road, I saw some sort of tape or obstruction and so I didn't turn.
MS. CAPPLEMAN: Okay. And then you went from the liquor store straight to the restaurant?
WENDI ADELSON: Uh-huh, yes.
MS. CAPPLEMAN: what restaurant was that?
WENDI ADELSON: what was the name of that restaurant.
MS. CAPPLEMAN: Mozaik?
WENDI ADELSON: Mozaik.
MS. CAPPLEMAN: Okay. Have you seen the photographs that were taken of your vehicle?
WENDI ADELSON: I have not.
MS. CAPPLEMAN: Is that your vehicle, Ms. Adelson, or was it at the time?
WENDI ADELSON: That looks like my car.
MS. CAPPLEMAN: And does that look like the bourbon that you purchased that day?
WENDI ADELSON: That looks like bourbon, yeah.
MS. CAPPLEMAN: who had your kids the morning that Mr. Markel was killed?
WENDI ADELSON: The kids were at preschool.
MS. CAPPLEMAN: But, I mean, who -- at what home did they wake up that day?
WENDI ADELSON: That morning I think they were at Danny's house.
MS. CAPPLEMAN: Did you stand to gain anything from your husband's death, like financially?
MS. CAPPLEMAN: Do you know how much the lawyers that assisted you with the divorce process and litigation that followed the divorce, do you know how much they cost?
WENDI ADELSON: How much my lawyers or Danny's lawyers?
MS. CAPPLEMAN: How much you spent on lawyers, yeah.
WENDI ADELSON: I honestly don't remember.
MS. CAPPLEMAN: Fair to say it was a lot of money?
WENDI ADELSON: It felt like a lot of money to me.
MS. CAPPLEMAN: How many different lawyers did you have during the pendency of your divorce and the litigation that followed?
WENDI ADELSON: I had three.
MS. CAPPLEMAN: Do you know how many Mr. Markel had?
WENDI ADELSON: I don't remember.
MS. CAPPLEMAN: Do you remember your mom suggesting a plan to offer Danny a million dollars to allow the relocation of you and the children to South Florida?
MS. KAWASS: Objection, hearsay.
JUDGE HANKINSON: Overruled.
WENDI ADELSON: I'm sure I knew about it at the time that it happened, and then I had my memory refreshed about it recently.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Did you ever make the offer to Mr. Markel?
MS. CAPPLEMAN: Did you move to South Florida after their father was killed, with the children?
WENDI ADELSON: So after he was killed, I went to -- I packed a weekend bag and went to South Florida for what I thought would be a couple of days, maybe a week. My son's birthday was July 29th and I thought we'd be back in Tallahassee by then.
MS. CAPPLEMAN: Did you ever come back?
WENDI ADELSON: I did come back a few times, but not permanently.
MS. CAPPLEMAN: Okay. So you ended up moving there permanently?
WENDI ADELSON: I wouldn't say it's permanent, but I'm living there right now.
MS. CAPPLEMAN: Okay. well, it's been five years.
WENDI ADELSON: It has been a while. I've been exploring options for employment in many different places.
MS. CAPPLEMAN: Okay. And when you initially left to go to South Florida, was that the same day as the funeral service for your husband?
MS. CAPPLEMAN: Was it the day after?
WENDI ADELSON: It might have been the day after or the day after that. I don't remember.
MS. CAPPLEMAN: Did you change your children's last name from Markel to Adelson?
WENDI ADELSON: I did.
MS. CAPPLEMAN: when was that done?
WENDI ADELSON: So after Danny died, there was a lot of press coverage. And CNN put pictures of my children's faces, un-blurred, on national television. Newspapers put their names, without any consideration to the fact that they're children. And I thought --
MS. CAPPLEMAN: I appreciate that, but the question is when. when did you change their names?
WENDI ADELSON: when they started school, I registered them under my name, hoping it would keep them safe. And then --
MS. CAPPLEMAN: Was that approximately a year after their dad was = killed?
WENDI ADELSON: It was whenever I registered them for school so it was -- it was soon after. But I didn't legally change their name until after that.
MS. CAPPLEMAN: Okay. And where did they start school? when you say you changed their name when they started school, was that here in Tallahassee or somewhere else?
WENDI ADELSON: No, it was in South Florida.
MS. CAPPLEMAN: So that fall, they started regular enrollment like you would in the normal beginning of the school year?
WENDI ADELSON: That's right.
MS. CAPPLEMAN: Okay. And did you also eliminate your older son's middle name?
WENDI ADELSON: when I legally changed their names, I did.
MS. CAPPLEMAN: And you just dropped that from the name?
WENDI ADELSON: I did.
MS. CAPPLEMAN: Okay. And that was a name that came from Dan Markel's deceased maternal grandmother; is that correct?
WENDI ADELSON: The name started with an A, which was to honor my grandfather, Aaron Adelson. And the second half of his name was to honor Danny's grandmother.
MS. CAPPLEMAN: Okay.
WENDI ADELSON: So we lost an honor to both families.
MS. CAPPLEMAN: Okay. Thank you.
No further questions.
JUDGE HANKINSON: Cross, Garcia.
(Attorneys confer.)
MR. ZANGENEH: Thank you, Judge.
CROSS EXAMINATION BY MR. ZANGENEH:
MR. ZANGENEH: Ms. Adelson, I represent Mr. Garcia and I'm going to ask you some questions. Okay?
WENDI ADELSON: Okay.
MR. ZANGENEH: Charlie is your older brother or younger brother?
WENDI ADELSON: I'm the youngest in the family, so both my brothers are my older brothers.
MR. ZANGENEH: And how many years older is Charlie than you?
WENDI ADELSON: He's approximately three years older.
MR. ZANGENEH: would you describe your relationship with your brother as a close relationship?
WENDI ADELSON: I would.
MR. ZANGENEH: And the brother I'm referring to is Charlie. And just for the record, all the questions I have with regards to brothers is going to be focused just on your brother, Charlie; okay?
WENDI ADELSON: Okay.
MR. ZANGENEH: Charlie graduated high school?
WENDI ADELSON: He did.
MR. ZANGENEH: College?
WENDI ADELSON: He did.
MR. ZANGENEH: Dental school?
WENDI ADELSON: He did.
MR. ZANGENEH: So he has a substantial educational background?
WENDI ADELSON: Yes.
MR. ZANGENEH: would you consider him to be book smart?
WENDI ADELSON: He did very well in his classes.
MR. ZANGENEH: So that would -- that would potentially be yes?
WENDI ADELSON: Yes.
MR. ZANGENEH: what about street-smart? Do you think he was kind of street-smart?
WENDI ADELSON: I think he's good with people.
MR. ZANGENEH: And would it be fair to say that he has a wide range of friends, different types of friends?
WENDI ADELSON: He has a lot of friends.
MR. ZANGENEH: would you say -- are there certain friends that he goes out nightclubbing with?
WENDI ADELSON: I don't know. He doesn't talk to me about nightclubbing.
MR. ZANGENEH: Okay. well, when you have -- when he has social events, do you ever go out with him socially?
WENDI ADELSON: I haven't in a long time. I'm pretty busy with my kids. But I have once or twice gone out with him.
MR. ZANGENEH: And is it the same types of friends that he goes out to these -- to these social events with?
WENDI ADELSON: He would usually go with his roommate, who's -- I don't think they're living together anymore, but they lived together for a while.
MR. ZANGENEH: would you agree with me that your brother, Charlie, was a -- I don't want to call him like a socialite, but he would be -- he would frequent the nightclub scene?
WENDI ADELSON: I honestly don't Know that.
MR. ZANGENEH: So your single brother is a pretty handsome guy; right?
WENDI ADELSON: I think he's handsome.
MR. ZANGENEH: Right. We've seen his pictures. Good-looking guy. Never been married; right?
MR. ZANGENEH: And what kind of car does he have?
WENDI ADELSON: For a while -- what does he have. what is he driving right now? He likes cars. Like, he --
MR. ZANGENEH: He has a lot of cars; right?
WENDI ADELSON: (Nods affirmatively.)
MR. ZANGENEH: And these aren't like Hondas or Toyotas? They're Mercedeses and Ferraris; right?
WENDI ADELSON: He drove an unmarked police car for a while.
MR. ZANGENEH: But that wasn't my question. My question was, does he have a -- did he ever have a Mercedes?
WENDI ADELSON: I think so, yeah.
MR. ZANGENEH: Okay. And it wasn't like a C300. It was like a 5 Series; right?
WENDI ADELSON: I honestly don't know anything about cars.
MR. ZANGENEH: well, it was the bigger Mercedes; right?
WENDI ADELSON: Yeah, it was big.
MR. ZANGENEH: It was the bigger one? And he also had a Ferrari; right?
WENDI ADELSON: I know he had one really fancy car, but I don't remember what brand it was.
MR. ZANGENEH: So you're telling this jury that you don't remember if your brother had a Ferrari?
WENDI ADELSON: Cars are really not important to me. You saw mine. I drive a minivan.
MR. ZANGENEH: well, but you're not your brother; right?
WENDI ADELSON: I am not my brother. No, I knew he had a fancy car. I just don't remember if it was a Porsche or if it was a Ferrari. It was something fancy.
MR. ZANGENEH: Something kind of fancy; right?
WENDI ADELSON: Yeah.
MR. ZANGENEH: Okay. So you have a pretty successful brother; right?
WENDI ADELSON: He's successful, yeah.
MR. ZANGENEH: And he likes to show off his success with his extravagant cars; correct?
WENDI ADELSON: He likes fancy cars.
MR. ZANGENEH: Okay. Handsome guy, in good shape; right?
WENDI ADELSON: He's handsome.
MR. ZANGENEH: And you indicated that he had a lot of girlfriends; right?
WENDI ADELSON: Yes.
MR. ZANGENEH: Now, I know you didn't go clubbing with him, but were you aware that he would go to, like, Miami Beach a lot?
WENDI ADELSON: I mean --
MR. ZANGENEH: Or South Beach?
WENDI ADELSON: Sure. I mean, I couldn't say how often he went out or where he was going. It's just not something I would really talk to him about.
MR. ZANGENEH: when he took -- when your brother took you out to dinner and you vomited, do you remember what the restaurant was?
WENDI ADELSON: I do.
MR. ZANGENEH: which restaurant was it?
WENDI ADELSON: It's called Juvia.
MR. ZANGENEH: Okay. Where's that located?
WENDI ADELSON: It's on Lincoln Road.
MR. ZANGENEH: Okay. And Lincoln Road is in South Beach; right?
WENDI ADELSON: Lincoln Road is in South Beach.
MR. ZANGENEH: Are you aware if your brother took steroids?
WENDI ADELSON: No, I'm not aware if he took steroids.
MR. ZANGENEH: what about if your brother used illicit drugs?
WENDI ADELSON: I'm not aware of my brother using illicit drugs.
MR. ZANGENEH: And the fact that you're not aware if he used it doesn't mean he didn't use it; correct?
WENDI ADELSON: No, I'm just saying I don't -- I don't know.
MR. ZANGENEH: Do you know when Luis Rivera started serving your brother drugs?
WENDI ADELSON: I don't know anything about that.
MR. ZANGENEH: Your brother would frequent South Beach and Miami Beach sometimes; correct?
WENDI ADELSON: I don't know.
MR. ZANGENEH: You don't know?
The restaurant that he took you to was in South Beach; correct?
WENDI ADELSON: I was living close to that restaurant at the time.
MR. ZANGENEH: And your parents had a home in South Beach also; correct?
WENDI ADELSON: My parents did not have a home in South Beach. They were renting an apartment.
MR. ZANGENEH: I'll rephrase it.
They had a place to stay in South Beach; correct?
WENDI ADELSON: Correct.
(Attorneys confer.)
MR. ZANGENEH: I have no further questions.
JUDGE HANKINSON: Magbanua.
MS. KAWASS: Thank you, Your Honor.
CROSS EXAMINATION BY MS. KAWASS:
MS. KAWASS: Good afternoon, Ms. Adelson.
WENDI ADELSON: Good afternoon.
MS. KAWASS: How are you doing today? Are you doing okay?
WENDI ADELSON: I'm fine.
MS. KAWASS: Are you nervous?
WENDI ADELSON: Am I nervous?
MS. KAWASS: Yeah.
WENDI ADELSON: Yes, I'm nervous.
MS. KAWASS: Okay. Now, you stated on direct examination that you are a lawyer?
WENDI ADELSON: I ama lawyer.
MS. KAWASS: All right. So you understand the oath that you took before you took the stand; correct?
WENDI ADELSON: Yes.
MS. KAWASS: You know the consequences of not being truthful here?
WENDI ADELSON: Of course.
MS. KAWASS: And you also have a separate obligation as an attorney to tell the truth; right?
WENDI ADELSON: Of course.
MS. KAWASS: Okay. Now, do you know who killed Dan Markel?
MS. KAWASS: Did your brother have anything to do with killing Dan Markel?
WENDI ADELSON: I don't believe so.
MS. KAWASS: Your mother is Donna Adelson?
WENDI ADELSON: She is.
MS. KAWASS: where is she right now?
WENDI ADELSON: Right now she's with my children.
MS. KAWASS: In -- not in Tallahassee?
WENDI ADELSON: In Miami.
MS. KAWASS: Okay. She's not in jail?
MS. KAWASS: She's never been arrested before?
MS. KAWASS: Okay. She's not even testifying in this case; is she?
MS. KAWASS: To your knowledge.
WENDI ADELSON: To my knowledge, no.
MS. KAWASS: what about your brother, Charlie? Is he in Miami right now?
WENDI ADELSON: He's probably in Fort Lauderdale right now.
MS. KAWASS: Okay. But he hasn't been arrested?
MS. KAWASS: Hasn't been charged?
MS. KAWASS: And he's not testifying in this case; is he?
MS. KAWASS: Okay. Are you aware if the State has attempted to subpoena them to come to court?
WENDI ADELSON: I believe they have received a subpoena to come to court.
MS. KAWASS: Okay. And it was for them to come and testify in this trial, or you don't know?
WENDI ADELSON: I don't know for certain.
MS. KAWASS: Okay. But you know they have received some form of subpoena?
WENDI ADELSON: I heard about that.
MS. KAWASS: when is the last time you spoke to your family, your mom in particular?
WENDI ADELSON: This morning. I called to check in on the boys.
MS. KAWASS: Okay. How is your relationship with your parents now? Is it estranged in any way, or you still have a good relationship with your parents?
WENDI ADELSON: I still have a good relationship.
MS. KAWASS: what about your brother, Charlie?
WENDI ADELSON: I still have a good relationship.
MS. KAWASS: when is the last time you spoke to Charlie?
WENDI ADELSON: Probably last week at some point.
MS. KAWASS: Okay. Now, you had mentioned that Charlie is a father?
WENDI ADELSON: He is.
MS. KAWASS: when did he have his child?
Is it a boy or a girl?
WENDI ADELSON: It's a boy.
MS. KAWASS: Okay.
WENDI ADELSON: He was born in December, 2017.
MS. KAWASS: Okay. So about -- I would say that's over a year after Ms. Magbanua's arrest?
WENDI ADELSON: I couldn't say.
MS. KAWASS: Okay. Do you know who the mother of that child is?
WENDI ADELSON: I do.
MS. KAWASS: who is she?
WENDI ADELSON: You want her name?
MS. KAWASS: Yes.
WENDI ADELSON: Her name is Brie Price.
MS. KAWASS: Okay. And is he married to her now?
WENDI ADELSON: He's not married.
MS. KAWASS: Are they still together?
WENDI ADELSON: Depends on the day.
MS. KAWASS: And do you know if he has any other girlfriends at this point?
WENDI ADELSON: I have no idea.
MS. KAWASS: All right. Have you been keeping up with the media coverage in this case?
WENDI ADELSON: I don't watch any media related to this case.
MS. KAWASS: Okay. So -- but you are aware of the attention that has been brought on this case?
WENDI ADELSON: I'm aware only because of the constant death threats that I receive, yes.
MS. KAWASS: So just to specify, you haven't watched any of the specials that have been on air about this case?
WENDI ADELSON: I have not watched any of them.
MS. KAWASS: Do you know if your parents have watched any of the specials on this case?
WENDI ADELSON: I advised them not to. They may have seen bits of them, but I don't know for certain.
MS. KAWASS: what about your brother, Charlie?
WENDI ADELSON: I don't know.
MS. KAWASS: Did you watch the State's opening statement in this case?
WENDI ADELSON: I did not.
MS. KAWASS: You did not?
WENDI ADELSON: I did not.
MS. KAWASS: Okay. So you're not aware of what the State's theory is in this case?
WENDI ADELSON: I'm not.
MS. KAWASS: Now, you mentioned on direct examination something about listening to some recordings that the State provided to you.
WENDI ADELSON: Yes.
MS. KAWASS: Okay. Is that the first time you ever listened to those recordings?
WENDI ADELSON: Yes.
MS. KAWASS: Do you know what those recordings are about?
WENDI ADELSON: There are many, many recordings.
MS. KAWASS: Okay. Did they give you all of the recordings?
WENDI ADELSON: I don't know. I listened to what I was given, but I don't know if there's more.
MS. KAWASS: How much time did it take you to listen to the recordings that you were given?
WENDI ADELSON: Again, I didn't listen to the entire thing. So probably about an hour to go through all of the recordings and listen to excerpts of each of them.
MS. KAWASS: Of each of them.
So you're not aware if the State gave you all of the recordings that they provide -- that they have in their possession?
WENDI ADELSON: I have no idea.
MS. KAWASS: Okay. Did they have you listen to any recordings that occurred before April 19th of 2016? Sorry -- yeah, 2016?
WENDI ADELSON: So I'd have to see the document to remember the exact date on it. I do remember -- my birthday's in April so I remember the dates being close to that, but I don't remember exactly.
MS. KAWASS: Did they ask you to listen to the phone call where Charlie Adelson is talking to Ms. Magbanua about work?
WENDI ADELSON: I listened to something --
MS. CAPPLEMAN: I'm going to object, Judge.
JUDGE HANKINSON: Sustained.
BY MS. KAWASS:
MS. KAWASS: So it's fair to say that they only let you listen to portions of the phone calls that they think are important?
WENDI ADELSON: I was given conversations and I listened to some of them to authenticate voices, but I don't know -- I imagine they thought it was important for me to listen. That's why I did.
MS. KAWASS: Did you listen to a phone call --
MS. CAPPLEMAN: Objection.
JUDGE HANKINSON: Ask your question.
Don't answer until I rule, please, ma'am.
MS. CAPPLEMAN: Judge, the bell will be rung if the question contains hearsay.
JUDGE HANKINSON: Let's go sidebar.
AT THE BENCH
JUDGE HANKINSON: Give me your question.
MS. CAPPLEMAN: That's my concern.
JUDGE HANKINSON: I want to hear the question.
MS. CAPPLEMAN: Oh, yes, sir.
JUDGE HANKINSON: And step over here so the jury is not hearing you.
MS. KAWASS: Well, that's true, Judge, but they can see me over there.
JUDGE HANKINSON: Oh, sorry.
MS. KAWASS: I actually got thrown now that we're at sidebar. I think I was asking -- I was going to ask, have you listened -- have they asked you to listen to any phone calls between your mother and your brother.
MS. CAPPLEMAN: I don't object to that, but I'm afraid that the intent of this examination is to proceed into asking questions that contain the substance of the self-serving hearsay that they're trying to elicit under the subterfuge of asking this witness if she's listened to the calls.
JUDGE HANKINSON: So there's no objection to the question.
MS. CAPPLEMAN: No, sir.
JUDGE HANKINSON: So what the State is saying, we're not going to get into the substance --
MS. KAWASS: The substance.
JUDGE HANKINSON: -- of any statements by your client.
MS. KAWASS: I will just ask that question, Judge, that I said to you and not go into the substance. That's what I'll ask.
JUDGE HANKINSON: But as to any others, we're not going to --
MS. KAWASS: No, I will move on from that topic now, Judge.
JUDGE HANKINSON: Okay.
IN OPEN COURT
JUDGE HANKINSON: Go ahead, Ms. Kawass.
BY MS. KAWASS:
MS. KAWASS: So the question was, Ms. Adelson, did they have you listen to any phone calls where they -- it was a conversation between your brother and your mother, if you were able to identify any conversations like this?
WENDI ADELSON: I think I did between -- yes.
MS. KAWASS: Okay. Now, I want to talk about the circumstances surrounding your actual divorce.
WENDI ADELSON: Okay.
MS. KAWASS: which I believe you said was finalized in 2013; right?
WENDI ADELSON: Yes.
MS. KAWASS: You just left your divorce papers on a mattress for Dan Markel in the house and left town; is that correct?
MS. KAWASS: How is it that you delivered the divorce papers to him?
WENDI ADELSON: I called him to let him know that I wanted a divorce. It wasn't the first time I asked for a divorce, but it was the last time. And told him that I would see him when he got home -- not home, but back to Tallahassee. And then I did leave the papers for him, but I didn't leave town. I was still in Tallahassee.
MS. KAWASS: Okay. So he was actually aware of the fact that you were going to be seeking a divorce before you actually delivered the papers to him?
WENDI ADELSON: I had asked for a divorce several months earlier.
MS. KAWASS: Okay.
WENDI ADELSON: That's when we started going to counseling. And he told me that if I -- if I tried to get divorced from him, that I could leave with the clothes on my back and that he would take the kids and that I would be penniless. And so when I actually asked for a divorce, I thought it best not to be there.
MS. KAWASS: So is it fair to say that this was not a mutual thing between the two of you, that Danny did not want a divorce?
WENDI ADELSON: I don't think he wanted to get divorced.
MS. KAWASS: How close is your brother's relationship, Charlie Adelson, with your mother Donna Adelson?
WENDI ADELSON: I think they're close.
MS. KAWASS: would you characterize their relationship as closer than you are with your mother?
WENDI ADELSON: No, I wouldn't say that. I mean, I do think they talk more frequently than I do, but I don't think closeness always has to do with the frequency of communication.
MS. KAWASS: And you had said on direct that your parents were not happy with Dan Markel's behavior during the divorce?
WENDI ADELSON: No. They didn't think he was treating me well.
MS. KAWASS: And is this just Donna Adelson, your mom, or was it both Donna and Harvey Adelson?
WENDI ADELSON: I'm sure both of my parents felt that way.
MS. KAWASS: Did they ever express those feelings to you?
WENDI ADELSON: Yes.
MS. KAWASS: Did they call him names?
WENDI ADELSON: Yes.
MS. KAWASS: Okay. Did one parent do that more than the other, or it was consistent between the two?
WENDI ADELSON: I think it was consistent between the two.
MS. KAWASS: Okay. what kinds of names did they call him?
WENDI ADELSON: I mean, I've had my memory recently refreshed so I saw things. But my memory is -- I don't remember name-calling, but I did recently see e-mails where they called him names.
MS. KAWASS: Okay. Now, after the divorce, you started dating --
WENDI ADELSON: I did.
MS. KAWASS: -- other people; right?
WENDI ADELSON: (Nods affirmatively.)
MS. KAWASS: when is it that you had your first, I wouldn't say serious boyfriend, but your first boyfriend after Dan Markel?
WENDI ADELSON: Probably within -- within a month.
MS. KAWASS: Okay. when did he -- if you know, did he start seeing anybody else after the divorce?
WENDI ADELSON: He did, but I don't know when it started.
MS. KAWASS: And is that Amy or was it some other person?
WENDI ADELSON: I know about Amy, but I don't know if there were other people before Amy.
MS. KAWASS: Did you know what -- at the time of the murder, do you know what, if any, future plans Dan Markel had?
WENDI ADELSON: I couldn't really say about his future plans, but I felt like by then he and Amy were pretty serious. And he was trying to spend as much time in New York as possible.
MS. KAWASS: Do you know if his intention was -- and it's only if you know. was his intention to remain in Tallahassee or do you know if he was planning to leave the state?
WENDI ADELSON: I think he always planned on leaving Tallahassee. It was just a question of when.
MS. KAWASS: Okay. Do you know why? Did he have an aversion to Tallahassee or it just --
WENDI ADELSON: No, it wasn't an aversion to Tallahassee. He just -- he was a very ambitious person. And so from the moment we arrived in Tallahassee, he was always looking for a stepping-stone toward a better university where he could teach.
MS. KAWASS: And he took a very special interest in what he did, which is a -- you know, he was a law professor?
WENDI ADELSON: Right.
MS. KAWASS: He graduated from Harvard and he studied criminal law?
WENDI ADELSON: Right, that was his specialty.
MS. KAWASS: Okay. And did there come a time where you were dating someone by the name of Jeffrey Lacasse?
WENDI ADELSON: Yes.
MS. KAWASS: You know who that is?
WENDI ADELSON: I do.
MS. KAWASS: Do you remember when you started dating Jeffrey Lacasse?
WENDI ADELSON: I don't remember exactly, but 2013.
MS. KAWASS: Okay. Do you remember how long you dated him for?
WENDI ADELSON: I remember it was less than a year but probably more than six months.
MS. KAWASS: were you dating him at the time leading up to the homicide, which would be July 18th, 2014?
WENDI ADELSON: we broke up a few weeks before Danny was killed, or a week or so. we broke up before Danny was killed.
MS. KAWASS: How would you describe your relationship with Jeffrey Lacasse?
WENDI ADELSON: I mean, I think it took different turns at -- I think it was more casual in the beginning and then it was getting more serious. And then I was feeling more committed to the relationship. And then in late June, I just -- we had this big fight, and after that point I didn't really want to be with him anymore.
MS. KAWASS: Do you know what the fight was about --
WENDI ADELSON: I do.
MS. KAWASS: -- do you remember?
WENDI ADELSON: I remember what the fight was about.
MS. KAWASS: what was it about?
WENDI ADELSON: He didn't trust me.
MS. KAWASS: In terms of seeing other people?
WENDI ADELSON: He thought I was -- he thought I was cheating on him.
MS. KAWASS: Okay. And you said you broke up. when was that?
WENDI ADELSON: we broke up -- it was -- it would have been one of the last weekends in June.
MS. KAWASS: So fairly close to when the homicide was -- occurred?
WENDI ADELSON: Right.
MS. KAWASS: Now, that spring break, which would have been the month of March, didn't you and Jeffrey Lacasse come down to Miami?
WENDI ADELSON: we did.
MS. KAWASS: Okay. And you stayed with your brother, Charlie?
WENDI ADELSON: we did.
MS. KAWASS: Okay. And do you know at that time who he was dating?
WENDI ADELSON: I don't.
MS. KAWASS: Okay. Does it sound -- do you -- if I say that was when he was dating Katherine Magbanua, is that a correct statement or you don't remember?
WENDI ADELSON: I don't remember.
MS. KAWASS: Okay. Do you remember having dinner with Jeffrey Lacasse at a restaurant and -- with your brother and that Katherine Magbanua was there?
WENDI ADELSON: I have a vague recollection of it.
MS. KAWASS: Okay. And do you remember if this restaurant had outside seating?
WENDI ADELSON: we always used to go to the same restaurant, and so I know the restaurant and it has outside seating.
MS. KAWASS: Okay. And when you met Katherine Magbanua, Charlie introduced you to her as his girlfriend?
WENDI ADELSON: Probably.
MS. KAWASS: Okay.
WENDI ADELSON: Definitely as someone that he was seeing. Right? I don't remember if he used the term "girlfriend," but in a romantic kind of way.
MS. KAWASS: Okay.
WENDI ADELSON: Not as just a friend.
MS. KAWASS: And am I characterizing Mr. Charlie Adelson correctly when I say, you know -- you had said he has lots of girlfriends?
WENDI ADELSON: I've met lots of girls over the years which is why it's hard to remember whether I had dinner with one person versus another.
MS. KAWASS: Do you know what his thoughts and beliefs are in marriage? Does he not believe in marriage?
WENDI ADELSON: I don't think he's so pro marriage, no.
MS. KAWASS: Okay. Do you know how many times you spent -- how many times you met Katie? we talked about the time on the beach and then we've already now talked about a dinner.
WENDI ADELSON: I remember vaguely those two. I don't remember any other time.
MS. KAWASS: Do you remember the name of the person that was in that picture with you?
MS. KAWASS: Does Yindra Velazquez-Mascaro sound familiar?
MS. KAWASS: Now, you didn't have a really close relationship with Katie; right?
MS. KAWASS: Okay. Did you know that Katie has two kids?
WENDI ADELSON: I did.
JUDGE HANKINSON: Remember, Ms. Kawass, we're not going to get on first names.
MS. KAWASS: Oh, I'm sorry, Judge. I apologize.
BY MS. KAWASS:
MS. KAWASS: Did you know that Ms. Magbanua had children?
WENDI ADELSON: I did know that.
MS. KAWASS: Okay. Did you ever discuss with Ms. Magbanua the details of the divorce that you had before she even knew who your brother was?
WENDI ADELSON: That wouldn't be possible because I only met her with my brother.
MS. KAWASS: Okay. So you didn't talk -- your relationship wasn't a close relationship where you would talk to her about Dan Markel?
MS. KAWASS: Do you ever remember having a conversation with Ms. Magbanua about Dan Markel and your divorce?
WENDI ADELSON: It's very possible that I brought it up, but not --
MS. KAWASS: Nothing stands out?
WENDI ADELSON: No, not at all.
MS. KAWASS: Now, I want to talk to you about the time of the murder, okay, the day before the homicide. All right?
WENDI ADELSON: Okay.
MS. KAWASS: You had talked about your custody situation with Dan Markel, that it was a week on/week off; is that correct?
WENDI ADELSON: That's right at that time.
MS. KAWASS: And an overnight stay switch on a wednesday?
WENDI ADELSON: That's my best memory.
MS. KAWASS: So it's -- a better way to describe it would be if it's your week, you have the boys, but on wednesday night they will sleep at Dan -- do an overnight sleepover at Dan Markel's?
WENDI ADELSON: Right.
MS. KAWASS: And then return them to you the next day?
WENDI ADELSON: Or return them to school and then --
MS. KAWASS: And then you pick them up in the evening?
WENDI ADELSON: Right.
MS. KAWASS: So the day of the homicide, do you remember what day of the week that was?
WENDI ADELSON: I believe it was Friday.
MS. KAWASS: Okay. So the day before would have been a Thursday?
WENDI ADELSON: Right.
MS. KAWASS: Okay. Do you remember what you were doing that day?
WENDI ADELSON: I don't.
MS. KAWASS: Is there any way that you would have been walking down Trescott Drive with your two sons the day before his murder?
WENDI ADELSON: No. I -- I don't live in walking distance so there's no reason why I would have been walking down the street, no.
MS. KAWASS: You and Mr. Markel weren't on that kind of talking or speaking terms where you would be at the Trescott home and he wasn't there?
MS. KAWASS: You wouldn't go and take the boys for a walk on Trescott Drive?
WENDI ADELSON: I don't think so, no.
MS. KAWASS: Okay. And as far as you knew at that time, the kids -- what school were they attending?
WENDI ADELSON: They went to Creative Preschool.
MS. KAWASS: Okay. And when you would drop the kids off at Creative Preschool, do you have to sign them in?
WENDI ADELSON: You do have to sign them in.
MS. KAWASS: Okay. And then so there should be a record of the days that the boys would have been at the preschool?
WENDI ADELSON: That's right.
MS. KAWASS: what time would you drop the boys off, if you remember? Is it an early morning thing or --
WENDI ADELSON: I would drop them off in the morning. TI don't remember -- maybe it was 8:00, maybe it was 9:00. I --
MS. KAWASS: Oh, but nothing late, like 11:00?
WENDI ADELSON: I don't think so.
MS. KAWASS: And then what would be the usual time you pick them up in the afternoon?
WENDI ADELSON: I think it would depend on whether I was teaching or if I had court, what I was up to. But my guess is sometime between 3:00 and 6:00 I would pick them up.
MS. KAWASS: So would it be fair to say that, you know, around 11:00 in the morning, the boys would probably be in school on a weekday?
WENDI ADELSON: That would be right.
MS. KAWASS: Okay. Do you know someone by the name of whitney?
WENDI ADELSON: I do know whitney.
MS. KAWASS: who is whitney?
WENDI ADELSON: whitney was a girlfriend of my brother's.
MS. KAWASS: Okay. Do you know who introduced Charlie to -- Mr. Adelson to whitney?
WENDI ADELSON: I don't.
MS. KAWASS: Do you know how long they were dating?
WENDI ADELSON: I don't.
MS. KAWASS: Do you remember when they started dating?
WENDI ADELSON: I don't remember when they started dating.
MS. KAWASS: Okay. When did your brother buy you that Tv?
WENDI ADELSON: I remember having the TV in the house on Aqua Ridge. So sometime -- sometime after the fall of 2012. And then I -- sometime between 2012, 2013, something like that.
MS. KAWASS: Do you remember making a phone call to Charlie that morning and having a conversation with him, without going into the details of that conversation?
WENDI ADELSON: which morning?
MS. KAWASS: The morning of Danny's murder.
WENDI ADELSON: Yes.
MS. KAWASS: I'm sorry, Judge. Mr. Markel's murder.
BY MS. KAWASS:
MS. KAWASS: Do you remember how long you spoke for?
WENDI ADELSON: I don't remember how long I spoke for.
MS. KAWASS: Now, you had described your brother as a talker. Is that fair to say?
WENDI ADELSON: Yeah. I think I described him as a -- more of a joker --
MS. KAWASS: Joker?
WENDI ADELSON: -- than a talker, but he does talk.
MS. KAWASS: Do you remember the circumstances under which he made that statement that the State talked about, about hiring a hitman, but instead I got you this Tv? who else was around when this statement was made?
WENDI ADELSON: well, he tends to repeat himself so he kept repeating that joke because he thought it was funny.
MS. KAWASS: Okay. But do you remember the timeframe of when that happened? Like, was this way before -- you know, during the course of your divorce or was this after?
WENDI ADELSON: It would have been when he bought the TV.
MS. KAWASS: when he bought the Tv. And that would be after the divorce?
WENDI ADELSON: well, not -- after I filed for divorce, right, but not after the divorce was finalized. So sometime after -- I really don't remember when I got the Tv, but maybe sometime starting with the fall of 2012, sometime around then, but it could have been 2013.
MS. KAWASS: Do you know -- now, your parents' apartment on South Beach, are they still living there?
MS. KAWASS: Okay. So they moved?
WENDI ADELSON: They did.
MS. KAWASS: At the time, do you know how much their rent was in that apartment?
WENDI ADELSON: I have no idea.
MS. KAWASS: You said they did not own that property?
MS. KAWASS: Okay. And -- now you said that you stayed in Tallahassee after the homicide?
WENDI ADELSON: I stayed for a few days.
MS. KAWASS: Okay. And do you recall if Detective Isom tried to call you?
WENDI ADELSON: After I had left?
MS. KAWASS: Before you left and -- before you left Tallahassee but after the memorial service for Mr. Markel?
WENDI ADELSON: He did not call me before I left Tallahassee, no.
MS. KAWASS: Did he try to call you?
WENDI ADELSON: He called me when I was already on the road --
MS. KAWASS: Okay.
WENDI ADELSON: -- about four hours away from Tallahassee.
MS. KAWASS: All right. Did he ever try to talk to again?
MS. KAWASS: Has the prosecution -- when is the last -- when is the first time the prosecution reached out to you to speak to you about what happened?
WENDI ADELSON: I don't remember ever talking with the prosecution.
MS. CAPPLEMAN: Judge, I'm going to object; improper question.
JUDGE HANKINSON: Let's go sidebar.
AT THE BENCH
JUDGE HANKINSON: So what is your basis that it's an improper question?
MS. CAPPLEMAN: Because Ms. Adelson didn't speak to law enforcement because she invoked her right to remain silent. And I don't think that's a proper topic for defense to cover --
MS. KAWASS: My question is when did they reach out to her. I'm not talking about the depo. I want to establish when they've made any attempts to reach out to her to conduct an interview. She's their witness.
JUDGE HANKINSON: well, she --
MS. CAPPLEMAN: Well, Ms. Kawass knows that she had invoked and I haven't interviewed her ever.
JUDGE HANKINSON: Right.
MS. KAWASS: And you never made any attempt to.
MS. CAPPLEMAN: Yeah, I've made an attempt.
JUDGE HANKINSON: Well, she is a represented party so it would be improper for the State to reach out to her. So I'll sustain the objection.
IN OPEN COURT
MS. KAWASS: Proceed, Your Honor?
JUDGE HANKINSON: Yes.
BY MS. KAWASS:
MS. KAWASS: Do you know if Detective Isom ever tried to reach out to your parents?
WENDI ADELSON: I don't think he did.
MS. KAWASS: Do you know if Detective Isom ever tried to speak to your brother, Charlie?
WENDI ADELSON: I don't think he did.
MS. KAWASS: Now you are testifying today under a State subpoena; correct?
WENDI ADELSON: Correct.
MS. KAWASS: And that State subpoena gives you immunity for your testimony; right?
WENDI ADELSON: Yes.
MS. KAWASS: Can you explain to the jury, since you're an attorney, what immunity is?
WENDI ADELSON: Immunity is freedom from prosecution.
MS. KAWASS: So that means that anything you say today can't be used against you if the State decides to arrest you later on?
WENDI ADELSON: The State isn't going to decide to arrest me.
MS. KAWASS: Do you know if they consider you a suspect?
WENDI ADELSON: I don't know.
MS. KAWASS: Now the life insurance policy that the State was asking you about, have you received any money from the life insurance policy from Mr. Markel?
WENDI ADELSON: I don't know if maybe in the beginning the life insurance that -- Danny owed me about $100,000 when he died. I do think that his family made that disbursement. I don't know if they paid that through the life insurance policy, but other than that, there's been -- the life insurance policy is money put away for the kids. I've never seen it.
MS. KAWASS: Are you -- do you have access to that, or you have no control over that?
WENDI ADELSON: I have no control over that.
MS. KAWASS: All right. And I have -- where did you say -- so your boys are now down in Miami with your mother; correct?
WENDI ADELSON: At the moment, yes.
MS. KAWASS: And you stopped letting Danny's parents -- or Mr. Markel's parents see the boys; is that correct?
WENDI ADELSON: Two years after Danny died, I stopped visitation.
MS. KAWASS: Okay. Do you have any intention of letting them see their grandchildren again?
WENDI ADELSON: I do. we've actually been in discussion the last few weeks.
MS. KAWASS: No further questions, Judge.
JUDGE HANKINSON: Redirect?
REDIRECT EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: How many times have Dan's parents been able to see your boys in the last five years?
WENDI ADELSON: In the last two years after they [sic] died, they've been able to see them every time they've asked to see them.
MS. CAPPLEMAN: Okay. What about the last three years?
WENDI ADELSON: Since 2016 they have been -- not been permitted to see the boys.
MS. CAPPLEMAN: They have not been permitted?
WENDI ADELSON: That's right.
MS. CAPPLEMAN: By you?
WENDI ADELSON: By me, yes.
MS. CAPPLEMAN: Right. And that's not through lack of trying on their part?
WENDI ADELSON: No, that's because of what they did.
MS. CAPPLEMAN: Okay. But they want to see those boys; don't they?
WENDI ADELSON: They very much want to see the boys.
MS. CAPPLEMAN: All right. And Dan Markel's sister is the -- I'm not sure if this is the right word, but the executor of that trust for the boys; is that right?
WENDI ADELSON: I think she has fiduciary responsibility over the trust for the boys.
MS. CAPPLEMAN: All right. Thank you. That sounds -- that sounds right.
Did you, at one time, hold that position in Dan's will?
WENDI ADELSON: Oh, before we got divorced, I probably did.
MS. CAPPLEMAN: But sometime after the divorce, he changed that over to the sister?
WENDI ADELSON: He must have, yes.
MS. CAPPLEMAN: Okay. And did you initiate proceedings to try to + fight that decision that he made to make the sister the executor or the beneficiary -- have the fiduciary duty for this money over your -- for the disbursement to your children?
WENDI ADELSON: Can you repeat the -- can you rephrase the question for me?
MS. CAPPLEMAN: So did you initiate any type of proceeding at any point to try to contest or fight Dan Markel's sister being appointed as this fiduciary for the life insurance for the boys?
WENDI ADELSON: I don't believe that I did.
MS. CAPPLEMAN: You did not?
WENDI ADELSON: I don't remember doing that, no.
MS. CAPPLEMAN: No further questions.
JUDGE HANKINSON: All right. Any juror have a question of this witness? If you do, write it down. we'll go sidebar.
AT THE BENCH
JUDGE HANKINSON: JI didn't think they'd have questions at this hour of the day, but they do.
MS. NORRIS: That means they're listening.
MS. CAPPLEMAN: They're starting to get interested.
JUDGE HANKINSON: Question: What do you mean when you say you've had your memory refreshed?
MS. CAPPLEMAN: No objection.
JUDGE HANKINSON: I don't know what subject they're talking about.
MS. CAPPLEMAN: She's referring to the e-mails.
MR. ZANGENEH: To the e-mails, yeah.
JUDGE HANKINSON: Do you have an objection?
MS. KAWASS: No, Judge.
JUDGE HANKINSON: I'‘11 get you guys ferret out about refreshed about what.
what was wrong with the television? Either side object?
MS. KAWASS: No objection.
MR. ZANGENEH: No objection.
JUDGE HANKINSON: Can she be arrested or is the immunity limited to what she says in her testimony today?
I think I'm going to answer that question after she --
MR. ZANGENEH: JI think that's improper.
JUDGE HANKINSON: -- finishes. Give a little explanation of what immunity means.
MR. ZANGENEH: Your Honor, if you don't mind, how are you going to answer that question?
JUDGE HANKINSON: I'm going to say there's three types of immunity: Transactional immunity, use immunity, use and derivative use immunity. The type of immunity she has received is use and derivative use immunity. She does not have transactional immunity, which means she could be charged in the case, but anything she says or anything derived from what she says cannot be used against her.
MR. ZANGENEH: wonderful.
JUDGE HANKINSON: Why are Dan's parents not allowed to see their grandchildren?
I think we have foraged that sufficiently unless somebody has strong feelings about that.
MR. ZANGENEH: TI agree, Judge.
MS. CAPPLEMAN: I would let them ask it. I would like you to ask it.
MR. ZANGENEH: It's post-homicide; correct? So it's not really relevant.
MS. CAPPLEMAN: I don't think it's relevant, but the problem is we asked the question.
JUDGE HANKINSON: what's your position, Ms. Kawass?
MS. CAPPLEMAN: There's a story to it.
MS. KAWASS: I would object to --
JUDGE HANKINSON: I'm sorry, I can't --
MS. KAWASS: -- answering that question because I know the answer is going to be because she believes that the Markel family, you know, did something in terms of trying to get to adopt the boys because of an e-mail from the State. So this is actually going to open up, I think, like, a slew of doors no one wants opened.
MS. CAPPLEMAN: The answer is she's mad at them because they sent me an e-mail trying to make arrangements for what would happen to these children if we came and arrested all the Adelsons.
JUDGE HANKINSON: If we arrested what?
MS. CAPPLEMAN: So the e-mail was: will you please contact this Jewish children's organization in the event -- they had no idea what I was going to do -- in the event that I arrest wendi and Donna and Harvey and there's no guardian for the children temporarily until they could get down here from where they reside in Canada.
So that's what she was mad about. She thought they were trying to make arrangements to put her children into, you know, foster care basically, but that wasn't the intent.
JUDGE HANKINSON: And you object?
(Pause. )
MS. KAWASS: Your Honor, I have an objection to asking the question.
JUDGE HANKINSON: All right. I don't think this affects Mr. Garcia to a great extent. So I note you objected, but the other sides both want me to ask the question. I will ask it.
So they wanted clarification when she first had a boyfriend was -- was it a month after filing for divorce or a month after it was finalized. I guess they are not clear on that. Either side object?
MR. ZANGENEH: No, Judge.
MS. KAWASS: No, Judge.
MS. CAPPLEMAN: No objection.
JUDGE HANKINSON: Those are the questions.
IN OPEN COURT
JUDGE HANKINSON: Ms. Adelson, I don't remember what it related to exactly. I mean, I remember you saying this and one of the jurors had a question about it.
You said your memory had been refreshed about something. what did you mean by that?
WENDI ADELSON: So five -- over five years have passed since Danny died and --
JUDGE HANKINSON: Speak to them.
WENDI ADELSON: -- sorry. So more than five years have passed since Danny died, and a lot of the things that we're talking about today I just don't remember at all. And so to refresh my memory, to make sure that I could remember things, certain documents were shown to me; e-mails, legal pleadings from the case, so that I could remember what was happening at that time.
JUDGE HANKINSON: One of the jurors was a little confused with the timing. You had said you had a boyfriend and it was not clear to them whether you said it was a month after your separation and filing for divorce or a month after it was finalized.
WENDI ADELSON: Sure. So I started dating someone who was a friend of mine for many years, and it didn't become romantic until after I had filed for divorce. So about a month after I filed for divorce, someone who was a friend in my life became more like a boyfriend than a friend.
JUDGE HANKINSON: Okay. And what was wrong with the television that had to be repaired?
WENDI ADELSON: I think one of my kids might have thrown something at it so there was a crack in the Tv.
JUDGE HANKINSON: And why have Mr. Markel's parents not been allowed to see the grandchildren?
WENDI ADELSON: Well, they were allowed to see the grandchildren for two full years. And I used to cook meals for them and arrange play dates; we had sleepovers.
And then I found out that Ruth Markel had reached out to a foster care agency to try to place my children with that agency. And I became very worried that they were trying to take my children away from me. And so after that time, I didn't feel a level of trust that they could spend time with the kids. I was afraid they were trying to take them from me.
JUDGE HANKINSON: Follow-up, Ms. Cappleman?
FURTHER EXAMINATION
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Your reference to the foster care agency, does that have to do with an e-mail that was sent to me from your mother-in-law?
WENDI ADELSON: Yes, it does.
MS. CAPPLEMAN: All right. Dan's mother?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And that e-mail was in reference to, in the event that you and your parents were arrested in association with this crime, could I please contact that particular agency to assist with the children, in the event they have no guardian temporarily until they could get down here from where they reside in Canada; is that correct?
WENDI ADELSON: That's correct.
MS. CAPPLEMAN: So they were not trying to take your children unless there was an event where you were unable to care for them?
WENDI ADELSON: But because there's no event in which I would be unable to care for them, that feels like trying to take away my children.
MS. CAPPLEMAN: Okay. Thank you.
JUDGE HANKINSON: Garcia?
MR. ZANGENEH: No follow-up questions from me, Judge.
JUDGE HANKINSON: Magbanua?
FURTHER EXAMINATION
BY MS. KAWASS:
MS. KAWASS: And this e-mail about you -- about there being possible arrests of you and your family, that came right after Katherine Magbanua was arrested; right?
WENDI ADELSON: I don't remember exactly the timeline of that.
MS. KAWASS: Okay. Thank you.
JUDGE HANKINSON: Further, Ms. Cappleman?
MS. CAPPLEMAN: No, sir.
JUDGE HANKINSON: All right. You can step down.
Do we need to keep this witness any further?
MS. CAPPLEMAN: No, Your Honor.
JUDGE HANKINSON: Anybody need her any further?
MR. ZANGENEH: No, Judge.
JUDGE HANKINSON: Magbanua?
MR. DECOSTE: One brief moment, Your Honor.
(Attorneys confer.)
JUDGE HANKINSON: Hold on a second, Ms. Adelson.
MR. DECOSTE: Under subpoena, Your Honor.
JUDGE HANKINSON: All right. You remain under their subpoena.
MS. CAPPLEMAN: Your Honor, Ms. Adelson has a flight tonight at 7:00 p.m. May she return home and be subject to recall?
JUDGE HANKINSON: You can communicate with her about any arrangements if you need her to come back, but she's free to go at this point.
MS. KAWASS: Your Honor, we'll reach out to her attorneys when we need her to come back.
JUDGE HANKINSON: All right.
The last thing you're going to get this afternoon is probably not what you want to hear, but it was a little legal lesson that one of the jurors raised. They asked a question about the type of immunity that was discussed by Ms. Adelson. It's really not a fact question, it's a legal question, so this is a little legal lesson.
In the state of Florida, there are three kinds of immunity. There's transactional immunity, there's use immunity, there's use and derivative use immunity.
Transactional immunity means that some person cannot be prosecuted for an offense. Use immunity means that what the person says cannot directly be used against them. Use and derivative use immunity means that what they say cannot be used against them, nor can it be used to develop leads to gather evidence against them.
The type of immunity that Ms. Adelson has received, because I've been the one that explained it to her, is use and derivative use immunity. In other words, what she says today cannot be used directly against her, nor can it be used to develop leads against her.
She does not have transactional immunity. That means she could be prosecuted for the crimes involved, but what she said cannot be used against her, nor used for any leads to develop information. So hopefully that answers the juror's question that asked the question.
Time to call it a weekend. Remember, we won't be meeting Monday. You need to be back here, same place, same time, 8:45 Tuesday morning. Don't discuss the case with anyone. Don't watch any TV accounts, read any newspaper accounts. We've invested a lot of time and energy in you. Please, you know, keep it -- keep it that way for us, please.
Anybody have questions about what's expected of you?
Yes, ma'am.
JUROR: 8:45?
JUDGE HANKINSON: 8:45 Tuesday. 8:45 Tuesday.
Anybody have other questions? we'll see you Tuesday morning.
(Jury excused from the courtroom at 5:20 p.m.)
JUDGE HANKINSON: Either side need anything?
MR. DECOSTE: Yes, Your Honor.
JUDGE HANKINSON: Everybody be seated.
Yes, sir.
MR. DECOSTE: Yes, Your Honor. With respect to the two witnesses that were listed this morning, both senior and junior Collins I believe may still be at the State Attorney's Office. My court reporter has been there now for 80 minutes.
The response that I got -- they may be there. But the response that I got from my court reporter was they will wait until 5:00; otherwise, they're leaving. And if we want to set them again, we're going to have to subpoena them.
The State is intending to call Luis Rivera on Tuesday morning. I don't have enough time to subpoena these two attorneys to get them in. I had asked if they would walk from the fourth floor down here so that they could be present before the Court and this could all be sorted out. The response that I got through my court reporter was: They are unwilling to come down to the courtroom.
we just want to be effective for our client. Again, these witnesses were listed this morning on an issue that was well known to the State and it was not something that just came up in opening statement. Can't be in two places --
JUDGE HANKINSON: Have you communicated with the Collinses, Ms. Cappleman?
MS. CAPPLEMAN: My last communication was at 4:51. I was advised that they were sitting outside the deposition room, which is 354A.
MR. DECOSTE: Your Honor, to read into the record the e-mail that I got --
JUDGE HANKINSON: We don't need anything read into the record. Figure out a way to have them deposed. Have them deposed before we start with Mr. Rivera on Tuesday.
MS. CAPPLEMAN: Yes, Your Honor.
JUDGE HANKINSON: Other than that, anything we need?
MS. CAPPLEMAN: Yes, sir. Officer Brannon is still outside. I know you wanted to see him in reference to the sequestration issue. Is that something you want to take up?
JUDGE HANKINSON: You can discuss that with the defense. You're going to have him back Tuesday morning?
MS. CAPPLEMAN: Yes, sir.
JUDGE HANKINSON: You can discuss it with the defense. He was in here briefly during Mr. Yao's testimony. Y'all can decide whether you have an issue with that.
we'll see you at 8:30 Tuesday morning.
MR. DECOSTE: Thank you, Your Honor. Have a good weekend.
(Proceedings concluded at 5:22 p.m. Continued in Volume ill.)