Day 2 - May 19, 2022

Day 2 opened with procedural matters before testimony began. Defense attorney Kawass complained that Lacasse had not been disclosed as a morning witness until that day, and Judge Wheeler declined to adjust the schedule. Wendi Adelson's retained counsel John Lauro appeared to confirm she would invoke the Fifth Amendment on any defense subpoena; Wheeler reaffirmed his prior ruling that she would testify under the state's immunity subpoena with cross-examination limited to the scope of direct. A Kawass supplemental objection was noted for the appellate record. Marcia Rodriguez, a retired TPD digital forensic investigator, testified briefly that she extracted data from Wendi Adelson's iPhone 4 using Cellebrite software in 2014. Four exhibits from that extraction were admitted without defense objection; cross-examination was subsequently waived after counsel reached an alternative arrangement. Wendi Adelson then testified at length under state use immunity. She described the contentious divorce centered on relocation of her children to South Florida, authenticated emails showing her mother Donna called Markel an "asshole," "bully," "jackass," "religious zealot," and "religious extremist," and characterized Donna as "over-involved" in the proceedings. She confirmed Charlie repeatedly made a joke that a TV was "cheaper than hiring a hitman" and that he was dating Magbanua at the time of the murder. She admitted to police on the day of the murder that she suspected someone might have "done this on my behalf," framing it as traumatic speculation without counsel. She also confirmed she legally changed her sons' surnames from Markel to Adelson approximately one year after the murder. On cross, defense attorney DeCoste challenged her on withdrawing roughly $350,000 from a joint account before informing Markel of the divorce, her claimed avoidance of all case materials despite an elite academic background and high-profile counsel, and Luis Rivera's account that she was seen walking on Trescott Drive the morning before the murder — which she denied. DeCoste urged her to implicate her brother; she responded she was "not guilty." On redirect, Cappleman reframed a Markel grandparents email about foster-care placement as a contingency plan and elicited Wendi's confirmation that neither Charlie nor either parent had ever admitted or denied involvement to her. TPD Officer Bill Brannon testified that around noon on July 18, 2014, a late-2000s Honda Odyssey van made an unusually quick three-point turn at the Trescott Drive perimeter — notable because he had information Markel's ex-wife drove that vehicle type. He could not confirm the driver's identity. Cross was waived. Jeffrey Lacasse, an FSU professor who dated Wendi from fall 2013 through July 2014, provided two pieces of testimony central to the prosecution's motive narrative. He first recounted a recurring joke Wendi attributed to Charlie — heard at least twice beginning October 2013 — that a TV was cheaper than hiring a hitman. More significantly, he testified that on July 13, 2014, five days before the murder, Wendi told him confidentially that the previous summer Charlie had investigated multiple ways to resolve the problem of Danny Markel, including hiring a hitman, at a cost he placed between $15,000 and $50,000. Lacasse explicitly distinguished this from the joke, describing it as chilling and disturbing. He also testified that days after the murder Wendi recounted attending a dinner Charlie called a "celebration," at which she vomited. A defense discovery objection over Lacasse's account of Magbanua mentioning her children's father's criminal record at the March 2014 dinner was overruled. On cross, Kawass drew out Lacasse's characterization of Wendi as a "deeply deceitful person" and habitual victim-role player, and established that Magbanua had left Charlie's residence before the hot-tub conversation in which Charlie expressed hostility toward Markel. Lacasse repeated the distinction between the joke and the July 13 disclosure through cross and redirect. After lunch, Luis Rivera — a cooperating co-defendant serving 19 years under a plea agreement — testified as the prosecution's eyewitness to the murder. He identified Magbanua in court as the person who hired them, described Garcia shooting Markel twice in the driveway after following him from the gym, and testified that roughly an hour after the murder Garcia called Magbanua and said "it's done." Magbanua responded "I know" without being told how or asking for explanation. Rivera testified the total contract price was $100,000; the morning after the murder Magbanua arrived at his home in her white SUV and Garcia delivered $35,000 in stapled $1,000 bundles in a brown paper bag. Rivera also described Magbanua ordering the immediate removal of an Instagram post that placed them in Tallahassee during the mission. He testified that a June 2014 reconnaissance trip was aborted because Markel had his children in the car. He confirmed his cooperation has made him a prison target and ended his Latin Kings membership. Cross-examination by DeCoste opened by having Rivera confirm his own direct culpability — he bought the bullets, the gun, rented the car, and paid for the hotel. DeCoste then attacked Rivera's credibility through a prior deposition in which Rivera stated he pled guilty to federal RICO charges not because the allegations were true but because "you can't fight with the feds" — a statement Rivera effectively confirmed when DeCoste asked whether he had "agreed to the government's facts, whether truthful or not." DeCoste revealed an undisclosed pending probation violation Rivera himself had not known existed, and challenged the payment meeting account with cell records defense argued placed Rivera's primary phone on Normandy Isle rather than at Jessica Rodriguez's apartment. Rivera said he had two phones and had given one to a Latin King to pick up Garcia; he repeatedly said he could not remember details after eight years and disputed DeCoste's characterization, saying he had given the truth. Cross examination continued to the following morning. With the jury dismissed, Wheeler conducted a post-session colloquy. He asked Cappleman to articulate on the record the independent evidence supporting co-conspirator hearsay admissibility for Rivera's post-murder testimony about Magbanua's "I know" response and the payment delivery. Kawass argued that under Brooks v. State the conspiracy ends when its object — the murder — is complete, so post-murder statements cannot qualify as co-conspirator hearsay. Wheeler stated his own case-law review agreed with the defense and directed Cappleman to submit contrary authority before the morning session. Wheeler also admonished counsel against unannounced use of audio-visual technology in the courtroom and approved a three-step protocol for reading transcript excerpts to Rivera, who cannot read, during the following morning's continued cross.