Wendi Adelson — Direct/Cross/Redirect
1,473 linesJUDGE WHEELER: State may call its next witness.
MS. CAPPLEMAN: Your Honor, the state calls Wendi Adelson.
JUDGE WHEELER: All right. Wendi Adelson, please.
JUDGE WHEELER: Okay Ms. Adelson, if you'd come to the witness stand, please.
JUDGE WHEELER: Before you have a seat, we're going to swear you in. Please raise your right hand, respond to the clerk.
COURT CLERK: Do you solemnly swear or affirm that the testimony you shall give shall be the truth, the whole truth, and nothing but the truth?
WENDI ADELSON: I do.
JUDGE WHEELER: Please have a seat.
JUDGE WHEELER: Ms. Cappleman.
MS. CAPPLEMAN: Thank you, Your Honor.
MS. CAPPLEMAN: 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: Ms. Adelson, where do you currently live?
WENDI ADELSON: I currently live in Miami Beach.
MS. CAPPLEMAN: And are you here today pursuant to a state subpoena?
WENDI ADELSON: Yes, I am.
MS. CAPPLEMAN: And do all state subpoenas confer immunity?
WENDI ADELSON: I don't know if all state subpoenas confer immunity, but this one does.
MS. CAPPLEMAN: Okay, and do you believe that your subpoena is special or different from other state subpoenas?
WENDI ADELSON: I don't believe it's special or different, so I suppose they all carry immunity.
MS. CAPPLEMAN: All right. And does the immunity conferred upon you by the subpoena mean that you can never be prosecuted in association with this case?
WENDI ADELSON: That's right.
MS. CAPPLEMAN: That's what you think it means?
WENDI ADELSON: That's what I think it means.
MS. CAPPLEMAN: Okay. And — do you think — isn't it true that it's use and derivative use immunity?
MS. CAPPLEMAN: Do you agree with that?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: Okay. But not complete immunity from prosecution. Do you agree with that?
WENDI ADELSON: That's different than what you just asked before. So I'm sorry, can you repeat the question?
MS. CAPPLEMAN: All right. So what I'm trying to allow the jury to understand is what sort of immunity you have. What is your understanding of what it means for you to have immunity pursuant to the state subpoena?
WENDI ADELSON: So I have derivative and use immunity, and so in the future a prosecutor couldn't use what I say here today against me.
MS. CAPPLEMAN: Correct. But you could be prosecuted; you just — nothing you said here today could be used against you in that prosecution. Do you agree with that?
WENDI ADELSON: I suppose so.
MS. CAPPLEMAN: Okay. Have you made any sort of special deal with the State Attorney's Office or with any law enforcement or government agent?
WENDI ADELSON: No.
MS. CAPPLEMAN: All right. Was there a time that you lived in Tallahassee?
WENDI ADELSON: Yes, I used to live in Tallahassee.
MS. CAPPLEMAN: What was the time frame that you lived here?
WENDI ADELSON: I was here for about eight years.
WENDI ADELSON: I lived here my last year of law school, so the academic year '05–'06.
WENDI ADELSON: We were in Miami for '06–'07, and then I would have been back 2007 to 2014.
MS. CAPPLEMAN: All right. And what brought you back to Tallahassee after you returned to Miami after law school?
WENDI ADELSON: Well, I returned to — I went to Tallahassee to finish law school, and then we went to Miami because Danny had a job opportunity at University of Miami. It didn't come to fruition; he was not hired, and so we came back to Florida State.
MS. CAPPLEMAN: And so your husband had a job opportunity here at Florida State?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: Okay. And that's what brought you to Tallahassee?
WENDI ADELSON: That's what brought us here.
MS. CAPPLEMAN: And you also had a job opportunity at Florida State, is that right?
WENDI ADELSON: That's right.
MS. CAPPLEMAN: What was that job?
WENDI ADELSON: I worked at the FSU Center for Human Rights, and at first I was a staff attorney. I used to represent victims of violent crime, asylum seekers, and victims of human trafficking. And then I taught various classes at FSU Law School, and then I ran something called the medical-legal partnership.
MS. CAPPLEMAN: And how long did you do that?
WENDI ADELSON: I was working at FSU for seven years.
MS. CAPPLEMAN: All right, so basically the whole time you were here in Tallahassee.
WENDI ADELSON: When I wasn't a student, I was working for FSU.
MS. CAPPLEMAN: All right. When did you meet Dan Markel?
WENDI ADELSON: Danny and I met — we met first online, and we met when I was starting my 2L year of law school.
WENDI ADELSON: So that would have been 2004, fall of 2004.
MS. CAPPLEMAN: And when were the two of you married?
WENDI ADELSON: We were married in February 2006.
MS. CAPPLEMAN: Do you have any children in common?
WENDI ADELSON: We have two children.
MS. CAPPLEMAN: All right, both boys?
WENDI ADELSON: Both boys.
MS. CAPPLEMAN: All right. During the time that you moved to Tallahassee the second time, to work here at Florida State —
MS. CAPPLEMAN: Were you living with Dr. Markel the entire time as a married couple?
WENDI ADELSON: I'm sorry, Dr. Markel?
MS. CAPPLEMAN: I'm sorry — Mr. Markel, Dan Markel, your husband.
WENDI ADELSON: Were we living as a married couple when we returned to Tallahassee? Yes. So by that point, we returned in August, maybe, of '06. So we got married in February of '06; we'd been married six months by then.
MS. CAPPLEMAN: And the entire time that you were living as a married couple, was that at the Trescott address that we've seen photos of earlier?
WENDI ADELSON: No, we lived first in a rented house. I actually don't remember what neighborhood it was now, it's been a while, but we lived there until we bought our house, so maybe six months in the other location. I don't remember exactly.
MS. CAPPLEMAN: All right. Do you remember what year you moved into the Trescott address?
WENDI ADELSON: We moved into the Trescott address — maybe — I don't remember exactly what year. Probably it would have been 2008 or 2009. It was before my older son was born.
MS. CAPPLEMAN: And you were living there in 20 — well, he was living there in 2014 when this murder occurred, correct?
WENDI ADELSON: He was living there in 2014, and I was no longer living there.
WENDI ADELSON: I stopped living there in 2012, in —
WENDI ADELSON: — 2012.
MS. CAPPLEMAN: Was there a separation first before a divorce, or —
WENDI ADELSON: Yes, there was a separation.
MS. CAPPLEMAN: When was the separation effective?
WENDI ADELSON: September 2012.
MS. CAPPLEMAN: And whose decision was it to separate?
WENDI ADELSON: It was my decision.
MS. CAPPLEMAN: And was part of the reason for the separation differing views on how your children should be raised within the Jewish faith?
WENDI ADELSON: I mean, that's certainly part of it, but not really a central decision. It was more just our relationship overall. I mean, Danny certainly — we were on different pages when it came to religion, but I wouldn't say that —
MS. CAPPLEMAN: And that's what I'm specifically inquiring about — was that part of it? So I think your answer is yes, that was part of it.
WENDI ADELSON: Sure.
MS. CAPPLEMAN: Okay. But you were — you are both Jewish, correct?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: All right. And both of you did agree to raise the children within the Jewish faith?
WENDI ADELSON: We did.
MS. CAPPLEMAN: Okay. So what were the differences between the two of you on that front?
WENDI ADELSON: Probably in the observance of keeping kosher. So I don't keep kosher, and Danny did, and that became difficult to do in Tallahassee, and difficult to do with differing beliefs around that.
MS. CAPPLEMAN: Can you explain for the jurors what keeping kosher means?
WENDI ADELSON: Sure. It's a separation of milk from meat, so you couldn't have a cheeseburger, for example — right? You couldn't have milk with a meat product. And the meat has to be killed in a ritual-specific way that's been blessed by a rabbi. And you're not supposed to eat shellfish of any kind, so no seafood. And — there's a lot more rules, but those are just some high-level ones.
MS. CAPPLEMAN: All right. And was it very important to your husband that the children be raised on a kosher diet?
WENDI ADELSON: It was, yes.
MS. CAPPLEMAN: All right. And that was something that was not important to you?
WENDI ADELSON: It's not a question of it not being important to me. It just started to supersede other things that are important, like love and trust.
MS. CAPPLEMAN: Okay. Did that diet seem impractical to you?
WENDI ADELSON: At times it was complicated.
WENDI ADELSON: I mean, there was one particular time I had taken the boys to a picnic for one of my clients, for one of her children, and my older son had pizza, and Danny was very, very upset about this. He was maybe one at the time, but it was pizza that wasn't kosher, and so that became challenging.
MS. CAPPLEMAN: All right. So this was something that sort of came up as an issue during the course of the marriage?
WENDI ADELSON: It did.
MS. CAPPLEMAN: All right. And other things as well — I don't mean to suggest that it was based solely on the children's diets, but that was something that is going to come up later, and I wanted to make sure the jurors understood what was meant by kosher diet. All right. Did you move out of the marital home when you separated?
WENDI ADELSON: I did.
MS. CAPPLEMAN: And where did you go to live when you left the marital home?
WENDI ADELSON: I rented — I rented a house, and I went to that house.
MS. CAPPLEMAN: All right. Was that at the Aqua Ridge residence?
WENDI ADELSON: Yes, it was.
MS. CAPPLEMAN: Just 3303 Aqua — sound right?
WENDI ADELSON: That sounds right.
MS. CAPPLEMAN: Okay. And that location is here in Leon County, right?
WENDI ADELSON: It is.
MS. CAPPLEMAN: Okay. As well as the Trescott residence.
WENDI ADELSON: They're both in Leon County.
MS. CAPPLEMAN: About how far apart are those two residences?
WENDI ADELSON: I think it used to take about 15–20 minutes to drive, depending on traffic.
MS. CAPPLEMAN: How long after you moved out of the home did you file for divorce?
WENDI ADELSON: I actually don't remember the answer to that. I'm assuming I would have filed for divorce right away.
MS. CAPPLEMAN: Within a month sounds about right?
WENDI ADELSON: That sounds about right.
MS. CAPPLEMAN: Okay. I'm going to show you Exhibit 59 and ask you to take a look at the exhibit.
MS. CAPPLEMAN: I do not expect you to look at every page of this exhibit, but —
MS. CAPPLEMAN: — I think you've had an opportunity to look at this exhibit previously a little bit, right?
WENDI ADELSON: I don't have any memory of that.
MS. CAPPLEMAN: Okay. So this is the first time you've ever seen this exhibit?
WENDI ADELSON: It's the first time I remember.
MS. CAPPLEMAN: All right. It's very big. Take a look and kind of just thumb — I don't expect you to familiarize yourself with every page.
MS. CAPPLEMAN: My question is, Ms. Adelson — you can look through it as much as needed to answer this question.
JUDGE WHEELER: She had a question. What was your question?
WENDI ADELSON: It looks like it's about 800 pages long, so you want me to look through it?
MS. CAPPLEMAN: I want you to look through it as much as is needed to answer the following question: does it appear to be a fair and accurate copy of your divorce file?
WENDI ADELSON: I mean, from the front page, sure.
MS. CAPPLEMAN: Okay. Do you have — I mean, thumb through it a little bit and just see if there's any reason to dispute that that's your complete divorce file from the clerk's office. It's certified, if you want to take a look at the certification.
WENDI ADELSON: Okay.
MS. CAPPLEMAN: I want you to take a look, if you would, at the petition that is on State's Exhibit 59, pages 1 through 5.
WENDI ADELSON: The one right on top?
MS. CAPPLEMAN: Yes, ma'am.
WENDI ADELSON: Okay.
MS. CAPPLEMAN: All the pages should be numbered through, so I'm referring to one through five on the bottom right corner there.
WENDI ADELSON: Mm-hmm.
MS. CAPPLEMAN: Okay. And that was your petition for divorce, correct?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And so this was — would you agree that this was a contentious divorce?
WENDI ADELSON: I I think it was. I think it was made much more difficult by Danny, who didn't want to get divorced, but sure, we can call it contentious.
MS. CAPPLEMAN: Not what we would classify as an amicable divorce. You hear about those.
WENDI ADELSON: No, it would be — not an amicable divorce.
MS. CAPPLEMAN: All right, and part of what you were seeking in your divorce — in these documents in front of you — was permission from the court to move with your children to South Florida, is that correct?
WENDI ADELSON: That was part of the overall divorce proceedings.
MS. CAPPLEMAN: All right, and specifically on pages 43 through 50, there's a petition to include a request to be allowed to relocate with minor children, is that correct?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: All right, and why were you seeking to move to South Florida?
WENDI ADELSON: I was seeking a place that would be stable and permanent for the kids and me. Danny never planned on staying in Tallahassee; it was just a question of time before he moved to New York to be with his girlfriend, or had dreams of being at Harvard. So Tallahassee was just a temporary stopping point. I wanted a place that was permanent for us, where we had family support.
MS. CAPPLEMAN: And why did South Florida seem like a place of permanence to you?
WENDI ADELSON: Right. I mean, because we had family support, because I work in immigration.
WENDI ADELSON: There were a lot of career opportunities for me there.
MS. CAPPLEMAN: Are you from South Florida?
WENDI ADELSON: I am.
MS. CAPPLEMAN: Okay, and when you say family support, what family resided there?
WENDI ADELSON: My mother, father, and brother.
MS. CAPPLEMAN: Was the relocation to South Florida the most important part of your divorce?
WENDI ADELSON: No.
MS. CAPPLEMAN: Was it your most non-negotiable term?
WENDI ADELSON: No.
MS. CAPPLEMAN: But it was very important to you?
WENDI ADELSON: I wouldn't say it was very important to me.
MS. CAPPLEMAN: It was very important to your mother. She was much more looking forward to having her daughter and her grandchildren home.
WENDI ADELSON: Yeah.
MS. CAPPLEMAN: If you would take a look for me at page 46, paragraph II — just read that to yourself and let me know when you've had an opportunity to read that.
WENDI ADELSON: I I read the first paragraph, paragraph E. Do you want me to read the second one?
MS. CAPPLEMAN: Yes, please.
WENDI ADELSON: Okay.
MS. CAPPLEMAN: And in those paragraphs, Ms. Adelson, are you alleging that Mr. Markel has created a hostile work environment for you at the Florida State University College of Law?
WENDI ADELSON: He did during a period of time.
MS. CAPPLEMAN: And was disparaging you to your colleagues?
MS. CAPPLEMAN: And if you'll take a look at pages beginning on 79 — the document beginning on 79 —
MS. CAPPLEMAN: The question is, is this Mr. Markel's 23-page response to your motion to relocate?
WENDI ADELSON: You're asking me, is this his response to your motion to relocate?
WENDI ADELSON: Yes, it looks like it.
MS. CAPPLEMAN: All right, that's quite verbose. Would you agree with that?
WENDI ADELSON: I imagine it is. At some point, Danny fired or alienated all of his attorneys and started doing his own legal work.
MS. CAPPLEMAN: So fair to say he was adamantly opposed to you taking his kids to South Florida?
WENDI ADELSON: Yes, he shared all of that here, which is different than the conversations we had. But this is what he filed. This is what he filed — what the judge—
WENDI ADELSON: —sanctioned him for.
MS. CAPPLEMAN: And in that filing, I'm specifically referencing page 82, where Markel states that the sole stated reason the wife seeks to relocate with the parties' minor children is so she can be closer to her parents. My understanding is, you don't agree that's why you wanted to move.
WENDI ADELSON: It wasn't the sole reason why I wanted to move.
MS. CAPPLEMAN: But you do agree it was a reason?
WENDI ADELSON: It was absolutely a reason. I wanted to create some stability for my kids, and family — having family around helps have a more stable environment.
MS. CAPPLEMAN: Is it fair to say that your mother, Donna Adelson, was following this divorce — these divorce proceedings — pretty closely?
WENDI ADELSON: She was definitely being a little bit over-involved, yeah.
MS. CAPPLEMAN: She was pretty invested in your personal life, is that fair to say?
WENDI ADELSON: She is one of those moms, yes.
MS. CAPPLEMAN: All right, and we've talked about your mom, Donna Adelson. Who's your father? What is your father's name?
WENDI ADELSON: Mm-hmm. Harvey Adelson.
MS. CAPPLEMAN: And where do Donna and Harvey live currently?
WENDI ADELSON: They live in Miami.
MS. CAPPLEMAN: And are you still very close with your parents?
WENDI ADELSON: I am.
MS. CAPPLEMAN: All right. And do you still live in close proximity to your parents?
WENDI ADELSON: I live about a 15-minute drive away.
MS. CAPPLEMAN: And where did they live at the time that Dan Markel was killed?
WENDI ADELSON: They lived in Coral Springs, Florida.
MS. CAPPLEMAN: And were you close with your mom back around the time that you were living in Tallahassee?
WENDI ADELSON: I was.
MS. CAPPLEMAN: And did she have a close relationship with your children as well?
WENDI ADELSON: She did.
MS. CAPPLEMAN: Are your parents employed?
WENDI ADELSON: Right now they are both retired.
MS. CAPPLEMAN: What about back in 2014?
WENDI ADELSON: In 2014 they were both employed.
MS. CAPPLEMAN: How were they employed then?
WENDI ADELSON: Then my father had a dental practice and my mom was managing his practice.
MS. CAPPLEMAN: What's the name of the dental practice?
WENDI ADELSON: Dr. Harvey Adelson, DDS.
MS. CAPPLEMAN: All right, does Adelson Institute ring a bell as well?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And do you know whether the practice there was successful, meaning lucrative?
WENDI ADELSON: At one point it was, and not anymore.
MS. CAPPLEMAN: What about between 2013 and 2016 — was it lucrative at that time?
WENDI ADELSON: Between 2013 and 2016 it was, definitely. The business was doing better than it did after that point, when the social media barrage happened.
MS. CAPPLEMAN: Referring to this case?
WENDI ADELSON: Absolutely.
MS. CAPPLEMAN: Okay, but previous to the murder, the Adelson Institute was earning approximately two million dollars in profit each year?
WENDI ADELSON: I have no idea what it was earning. I haven't the slightest idea.
MS. CAPPLEMAN: But do you know whether your parents had other investments other than their work at the Adelson Institute?
WENDI ADELSON: I don't know.
MS. CAPPLEMAN: You don't know if they own any properties?
WENDI ADELSON: I know now that they own properties, but I didn't then.
MS. CAPPLEMAN: Okay, and you know now that they owned properties then?
WENDI ADELSON: I actually don't know when they acquired the properties, so I don't know.
MS. CAPPLEMAN: All right. Was your divorce impacting your family financially? So this is prior to the murder.
WENDI ADELSON: It was certainly impacting me financially, but I — I don't think it was impacting the rest of my family.
MS. CAPPLEMAN: All right, how many lawyers did you have in your divorce?
WENDI ADELSON: I had one, and then Danny accused her of ethical violations and stealing money, and so I had to hire a new attorney. Um, I think he had three or four.
MS. CAPPLEMAN: No, I was talking about you. So you had two?
WENDI ADELSON: I had one, and then I had to get another.
MS. CAPPLEMAN: All right. And who paid for those two attorneys?
WENDI ADELSON: I did.
MS. CAPPLEMAN: Did your mom retire from the dental practice during the time of your divorce to facilitate her spending more time with the children?
WENDI ADELSON: No, she didn't retire from the dental practice. She did help me during the divorce and help me with the kids. They were very small, but she didn't retire. She just worked for my dad, so it was okay if she took a leave of absence here and there.
MS. CAPPLEMAN: All right. Did you discuss your marital problems and the resulting legal issues with your mother?
WENDI ADELSON: I'm sure I did.
MS. CAPPLEMAN: Is it fair to say your mother is a controlling person?
WENDI ADELSON: I think my mom is — and was — very invested in my life. I don't think of her as a controlling person.
MS. CAPPLEMAN: Is it fair to say around the time of your divorce that your mom did not like Dan Markel?
WENDI ADELSON: I think that's fair to say. I think she was very disappointed by the way he treated me.
MS. CAPPLEMAN: In fact, she despised him, didn't she?
WENDI ADELSON: I can't speak to how my mom felt or whether she despised him. I think she was very disappointed.
MS. CAPPLEMAN: She sent you some emails to indicate her feelings about Dan Markel around that time, didn't she?
WENDI ADELSON: She did.
MS. CAPPLEMAN: I'm going to show you what I've marked as State's Exhibit 63.
WENDI ADELSON: Miss Cappleman, do you want me to read it?
MS. CAPPLEMAN: No, ma'am. Just take a look at those and tell me if you can authenticate them as emails that were sent to you from your mother.
WENDI ADELSON: I can authenticate them.
MS. CAPPLEMAN: All right, so the donnaharvey@gmail.com is your parents' shared email address, is that correct?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: Okay, and these emails were coming from your mother based on the context, is that right? Not your dad?
WENDI ADELSON: I imagine they probably represented both of their feelings. We've been married 51 years, so sometimes my mom speaks for my dad.
MS. CAPPLEMAN: All right, so there's one, I believe it's on top there, dated May 3rd, 2013.
MS. CAPPLEMAN: Was that about three months before your divorce was finalized?
WENDI ADELSON: My memory is that our divorce was finalized in June 2013.
MS. CAPPLEMAN: So wouldn't that just be one month before? I had July 31st, so whatever is your memory.
WENDI ADELSON: So, okay, this was May and our divorce was finalized in July, then.
MS. CAPPLEMAN: I just want to talk a little bit about the emails that are in front of you there.
MS. CAPPLEMAN: So on that first email, dated May 3rd, 2013, page 1 of 5, and the second real paragraph — does your mother indicate that the most important part of your divorce is relocation?
MR. DECOSTE: Hold on, hold on, hold on a second, Ms. Cappleman.
MR. DECOSTE: I don't believe this item is in evidence, Your Honor.
JUDGE WHEELER: The items have not been admitted into evidence at this point, Ms. Cappleman.
MS. CAPPLEMAN: Correct.
JUDGE WHEELER: All right, so I don't want you reading from them if they haven't been admitted in evidence.
MS. CAPPLEMAN: All right. Ms. Adelson, did your mother indicate to you that, to her, the most important part of your divorce is relocation?
MR. DECOSTE: Objection.
JUDGE WHEELER: That's sustained.
MS. CAPPLEMAN: Okay, Judge, at this time, I would ask to approach.
JUDGE WHEELER: Sidebar, out of the witness.
JUDGE WHEELER: Sidebar. All right.
MS. CAPPLEMAN: Ms. Adelson, what was the most important part of your divorce to your mother?
WENDI ADELSON: You're asking in reference to the email or not in reference to the email?
MS. CAPPLEMAN: Not in reference to the email.
WENDI ADELSON: So just in general, for her, it was probably for me to be safe and be in a stable situation with the boys.
MS. CAPPLEMAN: Okay. Would it refresh your recollection to take a look at the emails in front of you — State's Exhibit, which are marked as State's Exhibit 63?
WENDI ADELSON: If I look at it, she's saying here—
MS. CAPPLEMAN: Hold on a second. Just review it.
WENDI ADELSON: Okay.
MS. CAPPLEMAN: If you'd read to yourself about the first half of that second real paragraph.
JUDGE WHEELER: Just review it to yourself, and then, Ms. Cappleman, then I'll ask you another question.
MS. CAPPLEMAN: All right. Does that refresh your recollection about what your mother felt was the most important non-negotiable term of your divorce?
WENDI ADELSON: It does.
MS. CAPPLEMAN: Okay. And what was that?
WENDI ADELSON: That was relocation.
MS. CAPPLEMAN: And did your mother — I think you said she was very unhappy with him — did you agree that she despised him?
WENDI ADELSON: I really — I can't speak to whether my mom despised him or didn't. She was very, very disappointed with the way he treated me.
MS. CAPPLEMAN: Okay, and did you ever call him names?
WENDI ADELSON: I don't remember her calling him names.
MS. CAPPLEMAN: Would it refresh your recollection to take a look at the emails for that?
WENDI ADELSON: I'm happy to.
MS. CAPPLEMAN: Okay, if you'll take a look at page one, about halfway down, just read those few sentences there, and then I will draw your attention to page two when you're ready.
MS. CAPPLEMAN: Actually, you know what, for refreshing purposes, I'm going to approach with my coffee.
MS. CAPPLEMAN: I'm going to draw your attention to the items highlighted in green.
MS. CAPPLEMAN: If you'll just look at those to yourself and then flip through and look for those items highlighted in green.
WENDI ADELSON: Okay. Do you want me to do the whole thing?
MS. CAPPLEMAN: No, go through and just to yourself look at the items highlighted in green. It's a lot to expect you to say.
WENDI ADELSON: Okay.
MS. CAPPLEMAN: Did your mom ever refer to your husband as an asshole?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: A bully?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: Yes. A zealot?
MS. CAPPLEMAN: A religious zealot?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: A jackass?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: A religious extremist?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: What about Gibbers? She calls him Gibbers?
WENDI ADELSON: Yeah, Gibbers is not a bad name.
WENDI ADELSON: It was a silly name that I came up with during a period of time when I felt incredibly terrorized by Danny, and so it was a word that I would use to kind of make him seem less scary.
MS. CAPPLEMAN: Is it fair to say that it was a derogatory term?
WENDI ADELSON: No.
MS. CAPPLEMAN: Okay, but you came up with it directly in relation to him terrorizing you.
WENDI ADELSON: I did. It was the way to take the steam out of a situation I found scary. I wouldn't say it was derogatory, I just think it was.
MS. CAPPLEMAN: And when you say scary, are you alleging physical abuse?
WENDI ADELSON: I'm not alleging physical abuse.
MS. CAPPLEMAN: All right. What types of things did your mother suggest that you could do to try to coerce or acquire the ability to relocate your kids to Miami?
WENDI ADELSON: She suggested that I could change the religion of my children.
MS. CAPPLEMAN: And why would that affect the relocation effort?
WENDI ADELSON: Because religion was so important to Danny that that would be a real hot-button thing.
MS. CAPPLEMAN: Okay, and did she ever suggest that you could bribe your husband to allow the relocation?
WENDI ADELSON: She did.
MS. CAPPLEMAN: And how much money did she suggest that she and the family would be willing to put up for such a bribe?
WENDI ADELSON: So I just saw the bribe reference, but I didn't see the amount, if you want to show me.
MS. CAPPLEMAN: I will refresh you on that.
WENDI ADELSON: Okay.
MS. CAPPLEMAN: Just a moment to find it myself.
JUDGE WHEELER: Overruled.
WENDI ADELSON: They said that they would go as high as a million dollars, which would be three hundred and thirty-three thousand each.
MS. CAPPLEMAN: And who are the each?
WENDI ADELSON: My mom, my dad, and Charlie.
MS. CAPPLEMAN: Did charlie, you mentioned he also lived in South Florida. Was he employed at the family dental practice?
WENDI ADELSON: He worked there sometimes.
MS. CAPPLEMAN: What type of work did he do?
WENDI ADELSON: He is a periodontist, so he would sometimes do implants or surgery for people.
MS. CAPPLEMAN: Did your motion for relocation get granted or denied by the court?
WENDI ADELSON: It was denied by the court.
MS. CAPPLEMAN: So you were not legally permitted to move to Miami?
WENDI ADELSON: No.
MS. CAPPLEMAN: Did you have an alternative? You mentioned previously that there was a hostile work environment at Florida State University as a result of your husband, or your ex-husband at this point.
MS. CAPPLEMAN: Were you — was the failure to be able to relocate, did that cause you to remain in that environment?
WENDI ADELSON: It did.
MS. CAPPLEMAN: For how long?
WENDI ADELSON: I don't remember the date that the petition to relocate was denied. If you could show me the binder, I can — I could find the date.
MS. CAPPLEMAN: And I'll draw you to pages 262 and 263 in the binder, okay?
WENDI ADELSON: So the order was on June —
WENDI ADELSON: It was June 20th, 2013, so I was still working at the law school through July 2014. So I stayed — stayed for one more year.
MS. CAPPLEMAN: Okay. And it was subsequent to his death that you were able to find new employment that was in a less hostile work environment. Is that accurate?
WENDI ADELSON: I mean, eventually after his death, I found new employment. It took me a little while.
MS. CAPPLEMAN: Okay. How long did you stay in Tallahassee after your husband was killed?
WENDI ADELSON: Ex-husband, sorry. I stayed a couple of days and then after I had asked the police for protection at the funeral or in my home and they refused, I decided to just go for a couple of days and spend a few days away from Tallahassee, and then this case hit CNN and hit the media —
MS. CAPPLEMAN: And I don't mean to interrupt you, but the question was how long did you stay in Tallahassee after your husband was killed?
WENDI ADELSON: I'm sorry, Ms. Cappleman. I stayed for a few days.
MS. CAPPLEMAN: Thank you.
MS. CAPPLEMAN: All right. So how did your mom take the news that you were not going to be able to relocate?
WENDI ADELSON: She was very upset.
MS. CAPPLEMAN: One moment, please.
MS. CAPPLEMAN: All right. I want to talk a little bit about the litigation that continued after your divorce was final.
MS. CAPPLEMAN: Was there a motion to enforce the marital settlement agreement and hold Dan Markel in contempt of court filed by you?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And a few months later, did he respond with a counter-motion to enforce the marital settlement agreement's final provisions, alleging some violations that he said you made on the marital settlement agreement?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And these filings are pretty venomous, is that a fair characterization?
WENDI ADELSON: Not on — not on my part.
MS. CAPPLEMAN: Well, on both your parts, right?
WENDI ADELSON: No, ma'am.
MS. CAPPLEMAN: Okay. And he accuses you of various things — lying about your financial affidavit and things like that. Would you agree he does make those accusations?
WENDI ADELSON: They were completely baseless, but yes.
MS. CAPPLEMAN: And did you, did in the pleadings — is the tennis racket mentioned as something to fight over?
WENDI ADELSON: Yeah.
MS. CAPPLEMAN: And I can draw your attention to that page and line if you need it.
WENDI ADELSON: I imagine it could have been. You can draw my attention if you like and I can confirm.
MS. CAPPLEMAN: Okay, but no reason to argue about the fact that a tennis racket is mentioned specifically in your divorce documents?
WENDI ADELSON: I mean, that sounds like some of the nonsense that we argued over, sure.
MS. CAPPLEMAN: Okay. And was there a motion — I want to draw your attention specifically to this motion. It's on page 441 of that document in front of you.
MS. CAPPLEMAN: Exhibit 59.
MS. CAPPLEMAN: This motion was filed by Dan Markel on March 26th of 2014, so shortly before his death.
WENDI ADELSON: I see it.
MS. CAPPLEMAN: Okay, what was that motion?
WENDI ADELSON: Former husband's counter-motion for enforcement of MSA on parenting issues and motion for contempt and sanctions.
MS. CAPPLEMAN: And in that motion, did he allege that you were violating the marital settlement agreement in a variety of ways?
WENDI ADELSON: Yes, it looks like he did.
MS. CAPPLEMAN: Including failing to facilitate communication between he and the boys, failing to keep him informed of where his kids are, failure to communicate about parenting decisions like the kids' schooling, diet, and extracurricular activities, things like that?
WENDI ADELSON: Yes, that looks right.
MS. CAPPLEMAN: And was he, as part of this motion, seeking to enjoin you from allowing your mother to have time with the children that was unsupervised by another adult?
WENDI ADELSON: I am not seeing that right now, but I can continue reading through it.
WENDI ADELSON: Actually, don't — wait, still going.
MS. CAPPLEMAN: Is this a question that you need refreshing on? Did — did your husband make these allegations? You don't have an independent recollection of that?
WENDI ADELSON: I don't have an independent recollection. I made a lot of allegations that weren't true, so I need to look through to figure out which ones we're talking about.
WENDI ADELSON: Okay, I see it. I see what you're referencing.
MS. CAPPLEMAN: All right. So in that filing, Dan Markel alleges that your mother is disparaging him to the children, correct?
WENDI ADELSON: That is correct.
MS. CAPPLEMAN: And he was seeking a court order saying she couldn't have contact with the kids unless there was another adult present, correct?
WENDI ADELSON: I see that here. I don't think I took it seriously at the time, so it didn't really lodge in my memory. Did I take it seriously? No.
MS. CAPPLEMAN: Was it ever ruled on?
WENDI ADELSON: I don't know. If it were, it should be here, right?
MS. CAPPLEMAN: Yes, ma'am.
WENDI ADELSON: Is it here? No, it's not.
MS. CAPPLEMAN: It was scheduled to be ruled on in August of 2014, right?
WENDI ADELSON: I don't know. I don't know when it was scheduled for. I knew — no, I do know that nobody took it very seriously.
MS. CAPPLEMAN: Okay, so your mom wasn't worried about that motion being granted. Okay. Let's talk a little bit about your brother. You can just sort of close that binder and leave it in front of you, if that's okay. How old is your brother, Charlie Adelson?
WENDI ADELSON: Uh, he is 45.
MS. CAPPLEMAN: Is he your older or younger brother?
WENDI ADELSON: I have two older brothers.
MS. CAPPLEMAN: So he is one of the two older brothers. Are you closer to one more than the other?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: Which one are you closer to?
WENDI ADELSON: Charlie.
MS. CAPPLEMAN: And has that always been the case, or just since this case?
WENDI ADELSON: No, it's not since this case. I think when we were kids I was probably closest to my oldest brother, and then after getting to be an adult myself around my 20s, I was probably closer to my middle brother around the time of 2013 and 2014.
MS. CAPPLEMAN: 2014 — were you closer to Charlie at that time?
WENDI ADELSON: I would say so.
MS. CAPPLEMAN: All right. And are you aware of any connection at any time between your brother Charlie and any gang members?
WENDI ADELSON: No.
MS. CAPPLEMAN: Did your brother use drugs?
WENDI ADELSON: He did, yeah.
MS. CAPPLEMAN: What type of drugs did he use?
WENDI ADELSON: Marijuana.
MS. CAPPLEMAN: Okay, what else?
WENDI ADELSON: I don't know of anything else.
MS. CAPPLEMAN: Okay, and do you know where he got the drugs from that he used?
WENDI ADELSON: I don't.
MS. CAPPLEMAN: Okay, was he a recreational marijuana user, or was he a drug dealer?
WENDI ADELSON: I would say he was a recreational marijuana user.
MS. CAPPLEMAN: Was this something he did every day or just occasionally?
WENDI ADELSON: I don't know how often. I don't know if it was every day, but I do know that the pain of the last few years has led him to do some self-medicating.
MS. CAPPLEMAN: Okay, but I'm really speaking of the time frame — I should have clarified, 2013 to 2014.
WENDI ADELSON: I don't know if he was using any drugs during that time.
MS. CAPPLEMAN: But you became aware of it subsequent to the incidents that we're here about today?
WENDI ADELSON: That's right.
MS. CAPPLEMAN: Were you aware that your brother — I think you testified he sometimes worked at the Adelson Institute. What did you mean by that? Where else does he work?
WENDI ADELSON: So he is a periodontist, and he has kind of a traveling practice of sorts. So he would work in various doctor's offices throughout Broward, Dade, and Palm Beach counties. And so sometimes he would work from my dad's practice, but sometimes he would work from different offices.
WENDI ADELSON: I don't know how often he worked at which one, I just know he worked at various offices.
MS. CAPPLEMAN: All right. So I asked you — I'm sorry to change topics on you so much — but previously we were talking about your two brothers.
MS. CAPPLEMAN: Is your other brother — not Charlie, but your other brother — is he located here in Florida?
WENDI ADELSON: He is not.
MS. CAPPLEMAN: All right. And back in 2014, was he living in another state?
WENDI ADELSON: He lived in Gainesville for a while. I'm trying to remember in 2014 if he was in Gainesville. I don't think so. I think he was in another state.
MS. CAPPLEMAN: All right, so been in another state throughout this, the incidents we're here about today.
WENDI ADELSON: I believe so, yes.
MS. CAPPLEMAN: Okay. All right, now back to what we were talking about with your brother Charlie's practice. So he travels around to different dentist offices and performs a specific service, like on a contract basis.
MS. CAPPLEMAN: All right, and are you aware that he does that type of work or offers a discount for that type of work if his customer is paying cash?
WENDI ADELSON: I'm not aware of that.
MS. CAPPLEMAN: Are you aware of your brother carrying large amounts of cash?
WENDI ADELSON: He did sometimes carry more cash than I would, but not like big sums of cash. No.
MS. CAPPLEMAN: Did you observe the cash that he carried to be stapled together in packs?
WENDI ADELSON: No, I never saw staples.
MS. CAPPLEMAN: Has your brother ever been married?
WENDI ADELSON: No.
MS. CAPPLEMAN: How would you describe the kind of lifestyle your brother was enjoying back around the time of these incidents, 2013, 2014?
WENDI ADELSON: I think he lived a bachelor lifestyle, very different than mine — would enjoy nice restaurants, had lots of girlfriends, not a lot of responsibilities.
MS. CAPPLEMAN: Not a lot of responsibilities, a lot of girlfriends, you say? Not a lot of — a lot of different girlfriends, always a different girl?
WENDI ADELSON: Yeah.
MS. CAPPLEMAN: Who is —
WENDI ADELSON: Jerome Obed — he is a person who used to live with my brother.
MS. CAPPLEMAN: Do you know the time frame that he lived with your brother?
WENDI ADELSON: I remember I introduced him to his current wife, and that was maybe 2011, so maybe during the period. I don't know how much I can tell you he was living with them that year, but I don't know for how long before or how long after they lived together. They were friends, though, I would say.
MS. CAPPLEMAN: Okay, so you can't tell us whether he was living with your brother in the 2013, 2014 time frame that we're here about?
WENDI ADELSON: I don't remember.
MS. CAPPLEMAN: Okay. And is, uh, Mr. Obed also a doctor, a dentist?
WENDI ADELSON: He is a dermatologist.
MS. CAPPLEMAN: Dermatology, thank you. All right, and your brother — we were talking about his lifestyle and the girlfriends. Does he also drive fancy cars?
WENDI ADELSON: He does, including a Ferrari.
MS. CAPPLEMAN: Yes. All right, and were you aware of his — one of his girlfriends by the name of Katherine Magbanua?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: Did you ever have the opportunity to meet that particular girlfriend?
WENDI ADELSON: Yes, we met maybe two or three times.
MS. CAPPLEMAN: Two or three times? Do you recall what the occasions were?
WENDI ADELSON: There was one time we had dinner when I was in town — which is what I did every time I'd come to town, have dinner with my brother and a different girl — and then one time I went to the beach for an hour or so, and she and a friend of hers joined us.
MS. CAPPLEMAN: Okay, and was there a third time?
WENDI ADELSON: I don't actually remember a third time.
MS. CAPPLEMAN: All right, so was there anything special about this girlfriend in terms of her relationship with your brother? Did they seem closer or more serious?
WENDI ADELSON: It didn't seem serious.
MS. CAPPLEMAN: Were you off-put by Ms. Magbanua for any reason? Did she seem, like, different from the ordinary trail of women that came through his life?
WENDI ADELSON: She seemed perfectly nice.
MS. CAPPLEMAN: Did you bond with her in a special way? Did you have a different type of relationship with her than you had with any of his other girlfriends?
WENDI ADELSON: No. I mean, if anything, I'd say I'd been closer to other girlfriends. I only met her twice.
MS. CAPPLEMAN: What about her ex, Sigfredo Garcia? Were you aware of him at all before this case?
WENDI ADELSON: No.
MS. CAPPLEMAN: So you didn't even know she had an ex?
WENDI ADELSON: I knew she had an ex because my brother once mentioned that he was dating a girl and she had an ex that seemed a little scary. I said maybe you should stay away from that.
MS. CAPPLEMAN: Yeah, and so the ex — did you have specific knowledge about why he was a little scary?
WENDI ADELSON: No.
MS. CAPPLEMAN: And did Katherine Magbanua ever tell you anything that was specifically scary about him?
WENDI ADELSON: No.
MS. CAPPLEMAN: Were you aware of your brother having any communications with the scary ex-husband?
WENDI ADELSON: No, only that my brother seemed a little scared of him, but I don't know that they talked or didn't talk.
MS. CAPPLEMAN: So it would be surprising to you to learn that they had a relationship?
WENDI ADELSON: Very.
MS. CAPPLEMAN: What about your ex-husband, Dan Markel — did you ever know him to be involved with any type of drug activity or gangsters, anything like that?
WENDI ADELSON: No. Danny consulted on criminal law cases, so I do remember there being a case involving Orthodox rabbis that were engaging in some very violent activity, and that had me concerned, but other than that, no.
MS. CAPPLEMAN: Okay, not in his personal life?
WENDI ADELSON: No.
MS. CAPPLEMAN: Okay. Was your brother Charlie — or is your brother Charlie — protective of you?
WENDI ADELSON: He is, yeah.
MS. CAPPLEMAN: Did you discuss your marital problems with him back during the time of 2013, 2014?
WENDI ADELSON: I did.
MS. CAPPLEMAN: Is it fair to say that in the time frame leading up to the murder of your ex-husband, that your brother did not like your ex?
WENDI ADELSON: I think it's fair to say. I mean, I also think it's fair to say he wasn't particularly concerned with it. He was leading his own life and not really focused on mine.
MS. CAPPLEMAN: But your mom was really focused on yours.
WENDI ADELSON: My mom was focused on mine.
MS. CAPPLEMAN: And your mom was in the ear of your brother quite a bit, same as she was with you, right?
WENDI ADELSON: I don't know about how much she was in his ear or not.
MS. CAPPLEMAN: Did your brother ever mention hiring a hitman to kill your ex-husband?
WENDI ADELSON: He never mentioned hiring a hitman. He told one bad off-color joke where he said he had bought me a TV when I got divorced and said it was a present and made a very bad joke and bad taste that it was cheaper than hiring a hitman.
MS. CAPPLEMAN: And was that — I'm sorry, I cut you off.
WENDI ADELSON: No, that's okay.
MS. CAPPLEMAN: What else were you going to say?
WENDI ADELSON: I think that was it.
MS. CAPPLEMAN: All right. Was that a joke that your brother made one time or more than one time?
WENDI ADELSON: He has a tendency to repeat himself, so everything he says, he says multiple times.
MS. CAPPLEMAN: Do you know how many times he said it?
WENDI ADELSON: I have no idea, but definitely twice at least.
MS. CAPPLEMAN: And it was your understanding that he had not made any actual efforts to hire the hitman?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: But you did get a TV as a divorce present?
WENDI ADELSON: I did get a TV.
MS. CAPPLEMAN: Was there a dinner, a time when you went out to dinner with your brother after the murder where you vomited at the — the table?
WENDI ADELSON: That — that happened.
MS. CAPPLEMAN: It's just yes or no.
WENDI ADELSON: What would you like to know? The context?
MS. CAPPLEMAN: It did happen. Okay, and who was present at that dinner?
WENDI ADELSON: Just my brother and me.
MS. CAPPLEMAN: Okay, and that was kind of your first time out after this murder had occurred, right after it happened?
WENDI ADELSON: They couldn't eat for several weeks, and then I was completely terrified to leave my house. So this was the first time I tried to leave the house and eat food, and that is how it ended up. I threw up.
MS. CAPPLEMAN: At the dinner table?
WENDI ADELSON: Mm-hmm.
MS. CAPPLEMAN: In a restaurant?
WENDI ADELSON: Yes, it was very embarrassing.
MS. CAPPLEMAN: How long after the murder was that incident?
WENDI ADELSON: Probably about a month or so.
MS. CAPPLEMAN: Was the dinner intended to be a celebration of the fact that your husband was murdered?
WENDI ADELSON: Absolutely not.
MS. CAPPLEMAN: Did your brother refer to it as a celebration?
WENDI ADELSON: I highly doubt that.
MS. CAPPLEMAN: Could that have been one of his jokes that was in bad taste?
WENDI ADELSON: He may have been celebrating the fact that I was willing to leave the house.
MS. CAPPLEMAN: Were you involved in the plot to kill your husband?
WENDI ADELSON: Absolutely not.
MS. CAPPLEMAN: Did you have knowledge of the plot to kill your husband?
WENDI ADELSON: No.
MS. CAPPLEMAN: But you suspected that your family was involved?
WENDI ADELSON: No, I did not suspect that my family was involved.
MS. CAPPLEMAN: Did you mention in your interview with law enforcement that you suspected that your family could be behind this?
WENDI ADELSON: I think I speculated about lots of things during the six hours I spent with law enforcement without an attorney present trying to help them solve this murder. Yes, I said all kinds of things.
MS. CAPPLEMAN: All right, and one of the things you said was that your family very much disliked him and that you thought it was possible that someone had done this on your behalf unbeknownst to you.
WENDI ADELSON: I did say I thought someone might have done this on my behalf, yes.
MS. CAPPLEMAN: And who did your brother know that had connections that could get something like that done?
WENDI ADELSON: I have no idea.
MS. CAPPLEMAN: Yes. Do you know Katherine Magbanua?
WENDI ADELSON: I have met Katherine Magbanua twice, as I mentioned.
MS. CAPPLEMAN: She was your brother Charlie's girlfriend at the time of this murder, wasn't she?
MR. DECOSTE: Objection — asked and answered.
WENDI ADELSON: There may have been other girlfriends there at the time.
JUDGE WHEELER: Wait a second.
JUDGE WHEELER: Okay, now answer the question.
MS. CAPPLEMAN: Specifically at the time of the murder, Katherine Magbanua was your brother's girlfriend at that time, correct?
WENDI ADELSON: I think so.
MS. CAPPLEMAN: Okay. And can you identify her? You mentioned you've been to the beach with her on one occasion and dinner on another occasion. Do you see her in the courtroom?
WENDI ADELSON: I do.
MS. CAPPLEMAN: Could you please point her out and describe what she's wearing?
WENDI ADELSON: She is sitting over here. She has on a striped blouse and a blazer.
MS. CAPPLEMAN: Let the record reflect the witness has identified the defendant.
MS. CAPPLEMAN: You mentioned that your brother Charlie had a lot of girlfriends. Did you meet all of his girlfriends?
WENDI ADELSON: I highly doubt I met all of them, but I met a lot of them.
MS. CAPPLEMAN: All right. And specifically in reference to this defendant, did you talk to her on the phone, ever, separate from your brother?
WENDI ADELSON: I have no memory of ever doing that. I don't think so.
MS. CAPPLEMAN: So it wasn't like you had become girlfriends or had an independent relationship with her? You only saw her secondary to visiting your brother?
WENDI ADELSON: Twice, on two occasions.
MS. CAPPLEMAN: Let me show you State's Exhibit 35.
MS. CAPPLEMAN: 35.
WENDI ADELSON: Yes, I do.
WENDI ADELSON: That was the second time we got together. It looks like the three of us at the beach.
WENDI ADELSON: So it's me, Katie, and one of her friends.
MS. CAPPLEMAN: Do you remember the friend's name?
WENDI ADELSON: I do not.
MS. CAPPLEMAN: If I said it, would you be able to say yes or no?
WENDI ADELSON: I wouldn't.
MS. CAPPLEMAN: Okay. And do you know when the photo was taken?
WENDI ADELSON: I don't. My best guess is 2013 or 2014.
MS. CAPPLEMAN: Okay. Do you recall going to Miami for Father's Day in June, right before Dan Markel was murdered?
WENDI ADELSON: I don't have a strong memory of it, but it sounds like something I might have done.
MS. CAPPLEMAN: Okay. Did you previously testify in reference to this same photograph or a similar photograph?
WENDI ADELSON: Yes, I have.
MS. CAPPLEMAN: Okay. And did you testify at that time—
MR. DECOSTE: Objection — improper impeachment.
MS. CAPPLEMAN: We'll return to it, Judge.
JUDGE WHEELER: That's sustained.
MS. CAPPLEMAN: All right. And did you have any contact with this defendant since the murder, in any kind of way, any communication?
WENDI ADELSON: No.
MS. CAPPLEMAN: Did you have any contact with her in any way on the day of the murder?
WENDI ADELSON: No.
MS. CAPPLEMAN: Do you remember what girlfriends came after Katherine Magbanua, as far as your brother's girlfriends, in order? Just do your best.
WENDI ADELSON: I do. I mean, I feel nervous about saying their names out loud, just to—
MS. CAPPLEMAN: Why don't we just use first names, then.
WENDI ADELSON: I remember Whitney.
MS. CAPPLEMAN: Okay. After whitney. Whitney, uh-huh. And was Whitney a serious girlfriend?
WENDI ADELSON: I think Whitney was a fairly serious girlfriend.
MS. CAPPLEMAN: All right. And what about after her?
WENDI ADELSON: I'm blanking after Whitney.
MS. CAPPLEMAN: Do you remember June?
WENDI ADELSON: Yes. Yes, June was after Whitney.
MS. CAPPLEMAN: Okay. And can you give me the basic time frame for Whitney?
WENDI ADELSON: I just really remember how old my boys were.
WENDI ADELSON: But I don't know how long she was in his life for. So maybe like 2014 to 2015 or '16, and then June after that — and I think on and off for a couple of years — and then he was together with the mother of his son, and that was probably—
MS. CAPPLEMAN: Okay. I'm gonna approach. Would it refresh your recollection to look at some text messages, so you could give me exact dates of when these women were in your brother's life?
WENDI ADELSON: Sure. Right.
MS. CAPPLEMAN: All right. So take your time. Just take a look at this first page, and I'm specifically referencing these messages, so help—
WENDI ADELSON: —me understand, though — this is a message between, uh—
MS. CAPPLEMAN: Just take a minute and sort of take your time and look at it. I'm using this to figure out who he was dating when.
WENDI ADELSON: Yes. Okay.
MS. CAPPLEMAN: And you're just going to take a look at it and tell me if it refreshes your recollection. If you can't figure out what it is, or it doesn't refresh, then you let me know.
WENDI ADELSON: Okay.
MS. CAPPLEMAN: Great.
WENDI ADELSON: So it looks like he was with her — he was with Whitney in 2014, 2015.
MS. CAPPLEMAN: Okay. And at a specific date?
WENDI ADELSON: I mean, it just means that they're in touch with each other. It doesn't mean that they're dating.
MS. CAPPLEMAN: Okay. And when were they in touch with each other?
WENDI ADELSON: It looks like Whitney is trying to get back together with him in the—
MR. DECOSTE: Objection, Your Honor. At this point, the witness is just testifying off the documents, which we've only seen for a few seconds.
JUDGE WHEELER: I'm going to sustain that. I don't want you reading from the documents. What you need to do is take a look at them. If it refreshes your recollection as to the information that is being asked, then testify to that. If you're just having to read from that document and you don't recall independently, then your answer is that you don't recall. Okay?
MS. CAPPLEMAN: Okay. Thank you.
WENDI ADELSON: Yes, my answer is the same as it was. I said 2014, 2015, and it looks like there's conversation around that time. So, okay — it doesn't independently refresh.
MS. CAPPLEMAN: Okay. Let's take a look at a couple more to see if they're more helpful.
WENDI ADELSON: Yeah, it's the same. The same, 2014.
MS. CAPPLEMAN: All right, so 2014, 2015 for both of those women.
WENDI ADELSON: Wait, both of those — it's the same woman. It's Whitney.
MS. CAPPLEMAN: Oh. I was also asking about June.
WENDI ADELSON: Oh, I didn't see June in those text messages.
MS. CAPPLEMAN: Okay. When was he dating June?
WENDI ADELSON: It's a guess, but I think it's around the same time — maybe 2015, 2016.
MS. CAPPLEMAN: Okay. So is it your recollection that it went Magbanua, then Whitney, then June, as far as people that I met?
MS. CAPPLEMAN: Okay. I'm gonna show you what I've marked as State's 36.
WENDI ADELSON: I think I've seen this picture before.
WENDI ADELSON: It looks like them back in the day. Yes.
MS. CAPPLEMAN: Okay. And do you know when the photo was taken?
WENDI ADELSON: I don't.
MS. CAPPLEMAN: All right. Who was in the photo?
WENDI ADELSON: It's my brother and Katie.
MS. CAPPLEMAN: Your brother Charlie?
WENDI ADELSON: My brother Charlie.
MS. CAPPLEMAN: Okay. And Katie, the defendant in this case?
WENDI ADELSON: Yes, ma'am.
MS. CAPPLEMAN: All right. And is it fair to say this photo was taken during the time that they were dating?
WENDI ADELSON: It definitely looks like it.
MS. CAPPLEMAN: And what was that timeframe?
WENDI ADELSON: I don't know the timeframe of when they were dating.
MS. CAPPLEMAN: Okay. Were they dating at the time of this murder?
WENDI ADELSON: I believe so.
MS. CAPPLEMAN: And is this how they appeared around that time? Is it accurate in the appearance?
WENDI ADELSON: It seems so. Nobody has any weird facial hair or doctors... I don't know, it looks like — I imagine they looked at that time.
MS. CAPPLEMAN: Okay. And you saw them at that time, around that time, because you went to the beach and—
WENDI ADELSON: I did. Yeah, I mean — it's been eight years, so they look different.
MS. CAPPLEMAN: They look different now?
WENDI ADELSON: Yeah.
MS. CAPPLEMAN: Okay. But that's how they looked back then?
WENDI ADELSON: Probably, yeah.
MS. CAPPLEMAN: All right. So I think it's time — I ask to move into evidence State's 36.
JUDGE WHEELER: Any objection?
MR. DECOSTE: One brief moment, Your Honor.
MR. DECOSTE: Not to be a stickler, Judge, but improper authentication.
JUDGE WHEELER: Overruled. It will be admitted as State's 36.
OFF RECORD: Who's wrong here?
OFF RECORD: Mr. Pebble?
JUDGE WHEELER: You may.
OFF RECORD: I disagree with that.
MS. CAPPLEMAN: Do you know of any specific gifts that your brother gave this defendant during their relationship?
WENDI ADELSON: I don't.
MS. CAPPLEMAN: What about after their relationship?
WENDI ADELSON: I am not aware of any gifts between them.
MS. CAPPLEMAN: Were you aware that she was on the payroll at the Adelson Institute?
WENDI ADELSON: I know that she worked at my dad's office for a while, so it would make sense that she was on the payroll.
MS. CAPPLEMAN: And what duties did she perform there?
WENDI ADELSON: I have no idea.
MS. CAPPLEMAN: Okay, and when you say she worked there, did she physically go there?
WENDI ADELSON: I really don't know.
MS. CAPPLEMAN: And did you ever work at the Adelson Institute?
WENDI ADELSON: I did. I did my master's and my law degree.
MS. CAPPLEMAN: All right. And did you see Katherine Magbanua there when you were working there?
WENDI ADELSON: No, that was 2003.
MS. CAPPLEMAN: How do you know that Ms. Magbanua worked at the Adelson Institute?
WENDI ADELSON: I'm trying to remember if I knew at the time or I found out later. Probably my brother would have told me that Katie was working, and that's how I would have known.
MS. CAPPLEMAN: All right. And was that before this murder or since the murder?
WENDI ADELSON: I have no idea.
MS. CAPPLEMAN: You don't know the time frame she worked there?
WENDI ADELSON: I don't know the time frame she worked there, and I don't know why he would have told me. I didn't really — I wasn't very involved with the day-to-day operations of the office or what they did.
MS. CAPPLEMAN: Do you know if your brother had any other ex-girlfriends on the payroll at the Adelson Institute?
WENDI ADELSON: I don't know.
MS. CAPPLEMAN: All right. Let's go to the day of Dan Markel's murder. What were you doing that day?
WENDI ADELSON: I was at home that morning.
WENDI ADELSON: I was working on a couple of pieces of writing.
WENDI ADELSON: I was waiting.
WENDI ADELSON: I remember the Geek Squad was coming to fix my television.
WENDI ADELSON: And I think they said —
MS. CAPPLEMAN: Was that the same television that your brother had purchased for you as a divorce gift because it was cheaper than hiring a hitman?
WENDI ADELSON: It was the television that my brother had bought for me.
MS. CAPPLEMAN: All right, and did your mother, Donna Adelson, arrange from Miami for the Geek Squad to come to your home that morning to fix the TV?
MS. CAPPLEMAN: Would it refresh your recollection to review some text messages regarding that issue?
MR. DECOSTE: Well, that's a second objection, Your Honor. Improper impeachment — the witness gave an answer.
JUDGE WHEELER: Overruled.
WENDI ADELSON: Yeah.
WENDI ADELSON: I don't really understand. It's my best recollection that I set up the appointment for them to come. Sometimes this happens now where there's a different number on the account, so they call the wrong account. So they could have called my mom and she would have said, "No, call my daughter, they need to confirm with you."
MS. CAPPLEMAN: Okay, but your mom does indicate that she is sending the guy.
WENDI ADELSON: No, she indicates that she was called by Best Buy, so that means she was called by accident, since they were coming to my house.
MS. CAPPLEMAN: Okay, and did you have an appointment scheduled in your calendar to fix the TV?
WENDI ADELSON: I did. I thought they were supposed to come sometime between eight and noon, and then they came pretty early — I think nine or something like that.
MS. CAPPLEMAN: All right, and did you delete — shown on the far right column there if you need to refresh your recollection — but did you delete that appointment to have the TV fixed?
WENDI ADELSON: I'm usually kind of OCD about this, so after I have a meeting, I'll delete it if it's done. I use my calendar kind of like a to-do list, so I'll have the meeting and then I'll delete it. So I must have deleted it once they arrived or sometime later.
MS. CAPPLEMAN: Okay, and right before the message that indicates — that's from your mother that we just talked about — Best Buy called. Okay.
MS. CAPPLEMAN: There's a message that says, "This is so sweet."
MR. DECOSTE: Objection, Your Honor.
MS. CAPPLEMAN: Who is that message to?
MR. DECOSTE: Objection.
JUDGE WHEELER: Hold on. What's the objection?
MR. DECOSTE: Hearsay, Your Honor.
MS. CAPPLEMAN: Item is in evidence.
JUDGE WHEELER: That's sustained.
MS. CAPPLEMAN: All right. Can you say who the message before the Best Buy message —
MS. CAPPLEMAN: Who did you send that message to?
WENDI ADELSON: It looks like I sent that message to my brother.
MS. CAPPLEMAN: Your brother Charlie?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: All right. And that message was deleted as well?
WENDI ADELSON: I always delete my messages.
WENDI ADELSON: But yes, it looks like I deleted it at some point.
MS. CAPPLEMAN: All right, and that message — what were you referring to in that message, if you know?
WENDI ADELSON: I have no idea.
WENDI ADELSON: It was sweet, whatever it was.
WENDI ADELSON: I mean, eight years ago, I have no idea what was sweet.
MS. CAPPLEMAN: So did Best Buy show up and repair the TV that morning?
WENDI ADELSON: They showed up and they tried to repair the TV, but I needed to make a call of whether it was worth repairing or whether I should just get a new one, because the repair cost, I remember, being expensive.
MS. CAPPLEMAN: And this was — how old was the TV at this point?
WENDI ADELSON: I don't know. I don't think it was very old — just a couple of years.
MS. CAPPLEMAN: Well, it was given to you as a divorce present at the time of your divorce, right, in '12?
WENDI ADELSON: Right, so it wasn't that the TV was old. I think one of the kids had thrown something at the screen, so it cracked it.
MS. CAPPLEMAN: Okay, but the fix was done in '14 — or the attempted fix.
WENDI ADELSON: The attempted fix was in '14.
MS. CAPPLEMAN: Okay. All right, so the repairman did show up that morning, correct?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: And you said you did not recall your mom making that appointment. But was it usual or typical for your mom to get involved in that type of minutiae of your daily life?
WENDI ADELSON: No, it would be unusual if she did that. I mean, it would not be unusual for her to try to help me with various things, so it doesn't sound out of the realm of possibility. But I remember distinctly setting it up for that morning at some time. You know, like when you wait for a repairman to come, they come in a window — they say between nine and one. I remember there being a window they had told me.
MS. CAPPLEMAN: And do you remember the specific window in this case?
WENDI ADELSON: I keep thinking it was eight to twelve, but I don't know if that's correct.
MS. CAPPLEMAN: Okay. And we're talking about 8 a.m. — between 8 a.m. and noon.
MS. CAPPLEMAN: And you agree that your husband — ex-husband, sorry, I keep doing that — was murdered between 8 a.m. and noon.
WENDI ADELSON: I don't know the exact time of when it happened.
MS. CAPPLEMAN: Really?
MS. CAPPLEMAN: Between 8 a.m. and noon?
WENDI ADELSON: Yes. I mean, yes, but I thought it was closer to 10 or 11.
MS. CAPPLEMAN: Okay. But the question was, was it between 8 a.m. and noon?
WENDI ADELSON: Yes, it was between 8 a.m. and noon.
MS. CAPPLEMAN: All right. And did you leave your residence at all that day after you got the TV — or the TV man came, after the TV repairman came?
WENDI ADELSON: I did a little bit more work from home, I talked to a couple of friends, and then I made plans to have lunch with two friends that I frequently saw on Fridays. We made kind of a last-minute plan to have lunch, and then I had a few errands to run before I met them. So I did that — I picked up gas, I picked up something I needed for a party that night, and then I went to meet my friends for lunch.
MS. CAPPLEMAN: All right, and do you know what time you left the residence that day?
WENDI ADELSON: I don't. I guess somewhere around noon.
MS. CAPPLEMAN: And then went and ran your errands. On the way to run your errands, did you go by the crime scene?
WENDI ADELSON: No.
MS. CAPPLEMAN: On the way to run your errands, did you encounter a roadblock on Trescott?
WENDI ADELSON: I did.
MS. CAPPLEMAN: All right, so you did turn off of Centerville onto Trescott?
WENDI ADELSON: I did.
MS. CAPPLEMAN: All right. And when you encountered a roadblock, what did you assume the problem was there?
WENDI ADELSON: I figured it was just an electrical storm or something. There was some tape, and it looked like the road was blocked off, and so I just turned around and went back and went up Benton.
MS. CAPPLEMAN: And had there been an electrical storm that morning?
WENDI ADELSON: I didn't remember an electrical storm, but in the summertime there's always trees falling and rainstorms, so pretty normal.
MS. CAPPLEMAN: Right. And you weren't concerned, based on that experience, that there could be something going on at your previously marital home?
WENDI ADELSON: Absolutely not.
MS. CAPPLEMAN: And your ex-husband Dan Markel had your children at that time, right?
WENDI ADELSON: No, he did not.
MS. CAPPLEMAN: Okay, so you had your children at that time?
WENDI ADELSON: No, my children were at preschool at that time.
MS. CAPPLEMAN: Right, but who took them to preschool that day?
WENDI ADELSON: Danny would have taken them to preschool.
MS. CAPPLEMAN: Okay, so it was his day. He was killed on his parenting day. It was the day he would have brought them to preschool and —
WENDI ADELSON: I would have picked them up.
MS. CAPPLEMAN: All right. Did they spend the night with him the night before?
WENDI ADELSON: He did.
MS. CAPPLEMAN: Okay. And you hadn't seen your children yet that day when you encountered the roadblock?
WENDI ADELSON: On Friday, no.
MS. CAPPLEMAN: Okay. And were you on the phone when you encountered the roadblock?
WENDI ADELSON: I was.
MS. CAPPLEMAN: Do you remember who you were speaking to?
WENDI ADELSON: I do.
MS. CAPPLEMAN: Who was that? You don't have to say the name, but just what type of person was that?
WENDI ADELSON: He was a friend.
WENDI ADELSON: I hadn't caught up with him in a long time. He'd moved to England, so I was probably a little distracted talking and catching up with an old friend.
MS. CAPPLEMAN: And when you encountered — at the time that you encountered the roadblock or shortly thereafter — did you call the daycare?
MS. CAPPLEMAN: Did you call Dan Markel?
WENDI ADELSON: No.
MS. CAPPLEMAN: Did you do anything to reach out to any of the players that we've talked about in this case?
WENDI ADELSON: No.
MS. CAPPLEMAN: Did you communicate to anyone that there was a roadblock?
WENDI ADELSON: I didn't. I would have had no reason to do that.
MS. CAPPLEMAN: Was Dan Markel scheduled to leave town the day after he was killed?
WENDI ADELSON: I believe so.
MS. CAPPLEMAN: Where was he going?
WENDI ADELSON: He was going to New York.
MS. CAPPLEMAN: And that's where you had a girlfriend?
WENDI ADELSON: That's where his girlfriend lived.
MS. CAPPLEMAN: Do you know how the killers knew that Dan Markel was planning to leave town the next day?
WENDI ADELSON: I have no idea.
MS. CAPPLEMAN: You didn't relay that information to anyone?
WENDI ADELSON: Absolutely not.
MS. CAPPLEMAN: Did you have WhatsApp on your phone at the time?
WENDI ADELSON: I really don't know. I have it now. I don't know if I had it eight years ago.
MS. CAPPLEMAN: Did you communicate with anyone on WhatsApp or similar technology to relay any information about the murder of your husband?
WENDI ADELSON: Absolutely not.
MS. CAPPLEMAN: Do you know if your brother Charlie had WhatsApp at the time?
WENDI ADELSON: I have no idea.
MS. CAPPLEMAN: Did you communicate with him through WhatsApp?
WENDI ADELSON: If I had WhatsApp on my phone, then maybe I did.
WENDI ADELSON: I know I had friends who lived around the world. At that time, WhatsApp was more of a technology you used to talk to people internationally.
WENDI ADELSON: So I know the friend I was talking to was in England. If I had WhatsApp, I would have used it to call him.
MS. CAPPLEMAN: Did you know that WhatsApp — the communications are encrypted, they cannot be retrieved by law enforcement? Were you aware of that?
WENDI ADELSON: I think they can be retrieved by law enforcement, but it's one of the end-to-end encryption services.
MS. CAPPLEMAN: All right, so you can't tell the jury whether you communicated through WhatsApp at all on the day of the murder?
WENDI ADELSON: I don't remember if I had it eight years ago.
WENDI ADELSON: I have it now, so we could look and figure out if I had it then, but I don't know.
MS. CAPPLEMAN: Did you ever communicate with Katherine Magbanua at any time through WhatsApp?
WENDI ADELSON: I never communicated with her at all.
MS. CAPPLEMAN: When you left the residence and encountered the roadblock, where were you headed?
WENDI ADELSON: When I left my residence?
WENDI ADELSON: I was headed to ABC Liquors to get an item that was requested for a Stock the Bar party I was supposed to go to that Friday night.
MS. CAPPLEMAN: What was that item?
WENDI ADELSON: I'm sorry?
MS. CAPPLEMAN: What was the item?
WENDI ADELSON: It was bourbon.
MS. CAPPLEMAN: What type of bourbon?
WENDI ADELSON: Bulleit bourbon.
WENDI ADELSON: The invitation had asked specifically to bring a bottle of Bulleit bourbon, so I went to the store and asked them where I could find that.
MS. CAPPLEMAN: And the bottle of Bulleit bourbon was in your vehicle when law enforcement came to interview you about this case?
WENDI ADELSON: Right. When I told law enforcement they could search my vehicle and signed away all my rights, yep.
WENDI ADELSON: Yep.
MS. CAPPLEMAN: After the murder of Dan Markel, was it your practice to tell people — just acquaintances and peripheral people in your life — that he had been involved in an accident?
WENDI ADELSON: I don't believe so.
MS. CAPPLEMAN: Do you know whether that was something that your brother told people?
WENDI ADELSON: I have no idea what my brother told people.
MS. CAPPLEMAN: Did you ever hear your brother, Charlie Adelson, tell someone Dan Markel was involved in an accident?
WENDI ADELSON: No, I've never heard that.
WENDI ADELSON: I was just thinking, law enforcement told me when they were interviewing me that I wasn't supposed to tell anyone what happened until it was released, but — and that was just the day of, that was the day of.
MS. CAPPLEMAN: Okay. Did you or your children benefit financially from your husband's death?
WENDI ADELSON: Absolutely not.
MS. CAPPLEMAN: Was there a — did your husband have a life insurance policy?
WENDI ADELSON: He did have a life insurance policy.
MS. CAPPLEMAN: And what was the value of that policy?
WENDI ADELSON: I don't know what the value of it was at the time.
WENDI ADELSON: I do know that his sister's the custodian of that life insurance policy and I pay taxes on that money every year, but we don't — we don't receive any of it.
MS. CAPPLEMAN: What was the value of it at the time of your husband's death?
WENDI ADELSON: It was a million dollars.
MS. CAPPLEMAN: Not two million?
WENDI ADELSON: A million for each child. Two million dollars.
MS. CAPPLEMAN: All right. And did you believe prior to your husband's murder that you were the custodian of that money for the benefit of the boys?
WENDI ADELSON: No. We were divorced, so I was the custodian while we were married, but once we were divorced I was no longer the custodian.
MS. CAPPLEMAN: So you were aware that he had designated someone else to do that job. You didn't inquire through your attorney about challenging the designation of the sister as the custodian of that money?
WENDI ADELSON: I wasn't trying to challenge the designation, no.
MS. CAPPLEMAN: Do you have access personally to that money?
WENDI ADELSON: No.
MS. CAPPLEMAN: All right. What about a 401k? Did your ex-husband have a 401k when he died?
WENDI ADELSON: I believe he did.
MS. CAPPLEMAN: All right. And are you the custodian of that money for the benefit of the boys?
WENDI ADELSON: I am. That's how I pay the taxes.
MS. CAPPLEMAN: All right. Did he have a pension?
WENDI ADELSON: I don't know.
MS. CAPPLEMAN: Social Security benefits?
WENDI ADELSON: I don't know if he had Social Security benefits. As survivors, my children receive Social Security benefits.
MS. CAPPLEMAN: Forty-eight hundred dollars a month, right?
WENDI ADELSON: That's right.
MS. CAPPLEMAN: Deferred compensation fund?
WENDI ADELSON: I don't remember.
MS. CAPPLEMAN: $217,000?
MS. CAPPLEMAN: Does that sound familiar?
WENDI ADELSON: I don't remember.
MS. CAPPLEMAN: What about the IRA?
MS. CAPPLEMAN: Did he have an IRA?
WENDI ADELSON: I really don't know.
MS. CAPPLEMAN: $100,000?
WENDI ADELSON: It's very possible.
MS. CAPPLEMAN: What about a checking account?
WENDI ADELSON: I don't know. I assume he had a checking account.
MS. CAPPLEMAN: $15,000 in there, right? Wouldn't go to us, but sure.
WENDI ADELSON: I imagine he had a checking account.
MS. CAPPLEMAN: It wouldn't go to you and the boys. Where did it go?
WENDI ADELSON: Funeral expenses.
MS. CAPPLEMAN: Okay. All right. And obviously you did not have to maintain your divorce lawyer for any purpose after the murder of Dan Markel.
WENDI ADELSON: I think at that point he was trying to provide counsel for something else, but no, I didn't. I had to maintain him for a little bit just to close out the case. He had some work to do to finalize things.
MS. CAPPLEMAN: And was your mom able to go back to work full-time once you moved to South Florida, or did she remain in the status of sort of helping with the kids a lot?
WENDI ADELSON: She helped with the kids a lot, especially while I tried to get back on my feet and find work.
MS. CAPPLEMAN: Have you ever returned to Tallahassee to live after you said you left about two days after the death?
WENDI ADELSON: I've never come back to live. I came back to give a talk, I think twice, and then I came back for a friend's wedding, I came back for a friend's bar mitzvah. So probably came back four or five times since.
MS. CAPPLEMAN: Right. The question is —
WENDI ADELSON: I'm sorry. I haven't lived here.
MS. CAPPLEMAN: Okay. You've lived steady in South Florida since that date.
WENDI ADELSON: I have lived in South Florida.
MS. CAPPLEMAN: Okay. And who has full custody of your two boys?
WENDI ADELSON: Me.
MS. CAPPLEMAN: And does your mom have any issues with having access to your boys, or does she have full access to your kids?
WENDI ADELSON: I mean, there's no issues with access.
MS. CAPPLEMAN: How often would you say your mom sees the kids?
WENDI ADELSON: I think it depends on the week, but probably at least once or twice a week.
MS. CAPPLEMAN: What — how old are your boys now?
WENDI ADELSON: They're 11 and 12.
MS. CAPPLEMAN: How old were they when their dad was killed?
WENDI ADELSON: It was ten days before my older son's birthday, so he was almost five, and my younger son was three and a half.
MS. CAPPLEMAN: Did you change their legal names about a month or so after the murder?
WENDI ADELSON: No, not a month or so after the murder, no.
MS. CAPPLEMAN: Okay. When was it done? Even sooner than that?
WENDI ADELSON: No, absolutely not.
WENDI ADELSON: When I tried to put my children in school, and their faces had been unblurred on CNN and all across social media, I thought we would do —
MS. CAPPLEMAN: I'm sorry to interrupt you, but if you'll answer my question, my question is, when were the boys' names changed?
WENDI ADELSON: The boys' names were changed after I wrote a letter to Danny's family explaining why I was changing their names.
MS. CAPPLEMAN: When were their names changed?
WENDI ADELSON: About a year after.
MS. CAPPLEMAN: Okay, and that was when they were legally changed, July 6, 2015?
WENDI ADELSON: I don't remember the date, but if you have it, that sounds correct.
MS. CAPPLEMAN: Okay, so they were legally changed on that date, but just a month or so after the murder, when you were enrolling them in school, is when they effectively had their names changed.
WENDI ADELSON: That is not true.
MS. CAPPLEMAN: And what did you change their names from and to?
WENDI ADELSON: I changed their last name from their father's last name to mine.
MS. CAPPLEMAN: From Markel to Adelson.
WENDI ADELSON: That is correct.
MS. CAPPLEMAN: And did you also drop the middle name of one of your boys that was a tribute to his paternal side?
WENDI ADELSON: It was a tribute to both families.
MS. CAPPLEMAN: So drop it?
WENDI ADELSON: I did. I lost an honor to both families that day, yes.
MS. CAPPLEMAN: Do you want the culpable parties in this murder held accountable?
WENDI ADELSON: Absolutely.
MS. CAPPLEMAN: And even if it involves your own family?
WENDI ADELSON: Absolutely.
MS. CAPPLEMAN: Then do you recall giving an interview with law enforcement on the day that your husband — ex-husband — was murdered?
WENDI ADELSON: I recall sitting with law enforcement for six hours, yes, I recall.
MS. CAPPLEMAN: And did you tell law enforcement something different in that interview about the culpability of your family?
WENDI ADELSON: I'm sure, while I sat for six hours completely traumatized, that I said all kinds of things.
MS. CAPPLEMAN: All right. And was one of the things you said while you sat for six hours completely traumatized, that you wanted the culpable parties held accountable unless it was your family?
WENDI ADELSON: I don't believe I phrased it like that, and I think you're taking my words out of context, but sure.
MS. CAPPLEMAN: But sure?
WENDI ADELSON: But sure.
MS. CAPPLEMAN: No further questions.
JUDGE WHEELER: All right, we're going to take our break now, and so be about a 10–15 minute break. Allow you to stretch your legs, use the facilities, and so the deputy will take you back. Remember, no discussion about the case or any testimony that you've heard. You can leave your pads on your chairs and we'll be back to continue the testimony in about 15 minutes, okay?
JUDGE WHEELER: Just wait one moment.
JUDGE WHEELER: All right, anything before we bring the jury in? Ms. Cappleman?
MS. CAPPLEMAN: Yes, sir. I failed to ask this witness one line of questioning. I'd like to reopen and inquire on her before we go to cross.
JUDGE WHEELER: All right, I'll permit that, and then we'll go to cross right after that, okay?
MS. CAPPLEMAN: Yes, sir.
JUDGE WHEELER: All right, let's bring the jury in, please.
JUDGE WHEELER: Please be seated.
JUDGE WHEELER: We're ready to continue with the testimony.
JUDGE WHEELER: Ms. Cappleman, you may continue with your direct if necessary.
MS. CAPPLEMAN: I'm going to approach you with what I've marked as State's Exhibit 64.
MS. CAPPLEMAN: Ms. Adelson, did you have an opportunity to review State's 99 of this?
MS. CAPPLEMAN: And as part of our pre-trial separation, were you asked to listen to those calls and verify whether or not you could authenticate some of the voices on those calls?
WENDI ADELSON: So I was asked not to listen to the whole call, but just to listen to a few seconds, enough to be able to identify the people speaking on the call.
MS. CAPPLEMAN: And is that what you did?
WENDI ADELSON: That is what I did.
MS. CAPPLEMAN: All right. Okay, and is State's 64 a fair and accurate recording of where your initials appear, that representing that you could authenticate the voices on that particular call?
WENDI ADELSON: That is correct.
MS. CAPPLEMAN: Okay, so for example, the list includes call A on State's 99, and you've initialed here indicating that the call is from Donna Adelson to Charlie Adelson.
WENDI ADELSON: That is correct.
MS. CAPPLEMAN: Okay, thank you. Judge, at this time I'd ask to move in evidence State's 64.
JUDGE WHEELER: Any objection?
MR. DECOSTE: No, Your Honor.
JUDGE WHEELER: Be admitted as State's Exhibit 64.
JUDGE WHEELER: All right, thank you. Cross-examination?
MR. DECOSTE: Yes, Your Honor, thank you. Ms. Adelson, this is all about you, isn't it?
WENDI ADELSON: Excuse me?
MR. DECOSTE: This — this is all about you, right?
WENDI ADELSON: I was called to be a witness and I'm testifying, so I don't understand the question. Is it a question?
MR. DECOSTE: There's about 100 people in this courtroom, right?
WENDI ADELSON: There are people in the courtroom.
MR. DECOSTE: Possibly thousands watching, right?
WENDI ADELSON: I have no idea who's watching.
MR. DECOSTE: And it's all because of your failed marriage, right?
WENDI ADELSON: I disagree with that.
MR. DECOSTE: You disagree that your ex-husband is dead because of your family?
WENDI ADELSON: Yes, I disagree.
MR. DECOSTE: These jurors are here for weeks doing their civic duty because of your marriage, right?
WENDI ADELSON: No.
MR. DECOSTE: Katie's going through this ordeal because of that marriage, right?
WENDI ADELSON: No.
MR. DECOSTE: Dan Markel's parents are going through absolute misery because of your failed marriage, isn't that right?
WENDI ADELSON: No, that's incorrect.
MR. DECOSTE: Well, let's talk about the marriage.
MR. DECOSTE: You and Professor Markel, you met when you were in law school. You told that to Ms. Cappleman.
MR. DECOSTE: It was a whirlwind romance, right?
MR. DECOSTE: Right?
WENDI ADELSON: It was not a whirlwind romance, no.
MR. DECOSTE: It led to a wedding February 26 of 2006.
MR. DECOSTE: You had a big wedding in Boca Raton, right?
WENDI ADELSON: Did we get married on February 26, 2006? Is that the question? Yes.
MR. DECOSTE: In Boca Raton?
WENDI ADELSON: In Boca Raton, Florida.
MR. DECOSTE: And it wasn't a small wedding. It was a big wedding. There were many people in attendance.
MR. DECOSTE: Right. And this marriage, it led to two children, right? Your two boys.
WENDI ADELSON: Are you asking me if I have two boys?
MR. DECOSTE: Yes.
WENDI ADELSON: Yes.
MR. DECOSTE: And Professor Markel, he was a great father, wasn't he?
WENDI ADELSON: He was a very good father, yes.
MR. DECOSTE: Those boys were his world, right?
WENDI ADELSON: As well as his work, yes.
MR. DECOSTE: And they adored him too, didn't they?
WENDI ADELSON: Absolutely.
MR. DECOSTE: Now this marriage started to fall apart, right? But there were problems from the very beginning, weren't there?
WENDI ADELSON: Are you asking me what is the very beginning?
MR. DECOSTE: The very beginning of when we got married. Literally at the wedding, there were problems before we got married. All right, so at the wedding — the government asked you about kosher law, right?
WENDI ADELSON: About what?
MR. DECOSTE: I'm sorry — keeping kosher.
WENDI ADELSON: About keeping kosher, yes.
MR. DECOSTE: Right. And your wedding — at your wedding — was the groom's family, the Markel family, and they are more strict than your family and friends about keeping kosher. They do not keep kosher. Wasn't that one of the problems in your marriage, that Professor Markel was very insistent about keeping kosher?
WENDI ADELSON: About his kosher goals, but those are different than his family's.
MR. DECOSTE: So you're saying that it wasn't a problem at the wedding that there were people from the groom's side of the family that were there that strictly keep kosher, that they were told that it was going to be kosher food, but it actually wasn't? So there was a misunderstanding about whether the food was going to be kosher style or more in adherence with kosher law?
WENDI ADELSON: There was a miscommunication about that.
MR. DECOSTE: So you had people that strictly keep kosher eating non-kosher food, which is a big deal.
WENDI ADELSON: That actually is not what happened. Danny was upset that it was kosher style and not strictly adhering to kosher law. So he was disappointed.
MR. DECOSTE: So there's problems right from the beginning.
WENDI ADELSON: That was a problem at our wedding, yeah.
MR. DECOSTE: Fast forward now to September 10th —
MR. DECOSTE: — 2012. Professor Markel, he's away on a business trip, right?
WENDI ADELSON: Yes.
MR. DECOSTE: He's in New York City at New York University, right?
WENDI ADELSON: I believe so, yes.
MR. DECOSTE: And he's doing a presentation.
WENDI ADELSON: I don't know what he was doing.
MR. DECOSTE: Your husband at the time was in New York to give a presentation. You knew that, right?
WENDI ADELSON: I knew he was in New York. I didn't know if he was attending a conference or giving a presentation, but he was in New York for work.
MR. DECOSTE: Now, you had not communicated with him for two days.
WENDI ADELSON: I really don't remember.
MR. DECOSTE: You text him at around 2:30 in the afternoon, right? Right before he's about to do the presentation.
WENDI ADELSON: I really don't remember.
MR. DECOSTE: But you do remember dropping the bomb on him, don't you? Telling him that you wanted a divorce.
WENDI ADELSON: So I did not drop a bomb on him. We'd been in therapy for several months beforehand where I told him several times I wanted a divorce.
MR. DECOSTE: You say it's not a bomb, but you agree with me that he begged you to reconsider.
WENDI ADELSON: He was very upset, and yes, wanted me to reconsider.
MR. DECOSTE: But in that phone call, he's begging you to reconsider — please don't leave, please don't break up our family, right?
WENDI ADELSON: He was very upset, yes.
MR. DECOSTE: And he was heartbroken.
WENDI ADELSON: I mean, upset indicates that there was anger. What he was, was heartbroken.
MR. DECOSTE: Right. That I decided to divorce him after telling him I would.
WENDI ADELSON: Yes.
MR. DECOSTE: Despite being at NYU for a presentation, he rushes home. He gets on the next flight, right?
WENDI ADELSON: I honestly don't remember if he got on the next flight, but he did come home quickly.
MR. DECOSTE: 2:30 he finds out in New York. By 11 p.m. he's walking in the door to your old house at Trescott Drive, right?
WENDI ADELSON: I don't know.
MR. DECOSTE: But you do know that when he walks in the house what he finds — you know that, right?
WENDI ADELSON: Yes. I left him the papers.
MR. DECOSTE: You left the divorce papers on the bed, right?
WENDI ADELSON: Yes.
MR. DECOSTE: Half the furniture was gone.
WENDI ADELSON: Half the furniture was not gone. A good amount of his stuff was gone.
MR. DECOSTE: Nothing of his was gone. The boys' stuff was gone, right?
WENDI ADELSON: Some of the boys' things were gone. I'd taken enough so that I had for the boys.
MR. DECOSTE: But — no — you were gone.
WENDI ADELSON: I — I was gone, yes.
MR. DECOSTE: And so were his boys.
WENDI ADELSON: Um, his boys were not gone. He saw them the next day.
MR. DECOSTE: And they would not have been awake if he's coming home at 11 p.m. Look, let's — let's stay on topic here. When he walks in — when he walks in the door — the boys are not in the house, right?
WENDI ADELSON: Correct.
MR. DECOSTE: And you did not tell Professor Markel where you were taking the boys. He may have seen him the next day, but you did not let him know where you were going to be staying with his boys.
WENDI ADELSON: With our boys, yeah.
MR. DECOSTE: You agree with me that they're also his.
WENDI ADELSON: Of course they're his.
MR. DECOSTE: And he should be entitled to know where his wife is taking his children.
WENDI ADELSON: Absolutely.
MR. DECOSTE: That's not all you took, is it?
WENDI ADELSON: Excuse me?
MR. DECOSTE: You two had a joint checking account at Schwab, right?
WENDI ADELSON: We did.
MR. DECOSTE: And you went into that account before you dropped the bomb and you took out half of that account, right?
WENDI ADELSON: Correct.
MR. DECOSTE: Roughly three hundred and fifty thousand dollars — half?
WENDI ADELSON: Yes.
MR. DECOSTE: Three hundred and fifty thousand dollars.
WENDI ADELSON: I don't remember the amount, but yes.
MR. DECOSTE: You know that it was in the hundreds of thousands.
WENDI ADELSON: I really don't remember the amount, sir.
MR. DECOSTE: Is it that insignificant of a sum to you that you don't remember? Insignificant sum?
WENDI ADELSON: I'm saying I can't attest to the amount that was there.
MR. DECOSTE: I'm going to tone it down now. You are unhappy in the marriage, right?
WENDI ADELSON: That's why I got divorced, yes.
MR. DECOSTE: And it happens — marriages fall apart, right?
WENDI ADELSON: Yes.
MR. DECOSTE: But you — you complained constantly about it, didn't you?
WENDI ADELSON: No, I don't think I complained constantly to anyone that would listen, no.
MR. DECOSTE: That's not true. You agree with me that you complain to — to the one person that would actually do something about it.
WENDI ADELSON: I don't understand what you're asking.
MR. DECOSTE: Your big brother, Charles Adelson. You complained to him about how bad Professor Markel was and how much you hated him and didn't want to be in a marriage with him.
WENDI ADELSON: I definitely talked to my brother about how unhappy I was in my marriage. If that's the question, then yes.
MR. DECOSTE: Is that the question?
MR. DECOSTE: Yes, that is a question. You talked to your brother, Charles Adelson, about how bad your marriage was.
WENDI ADELSON: I did, yes.
MR. DECOSTE: Let's talk about — government asked you about Charles Adelson. He's an intelligent guy, right? He's both book smart and street smart, right?
WENDI ADELSON: I would say so.
MR. DECOSTE: You would say that he's a talker.
WENDI ADELSON: He does like to talk.
MR. DECOSTE: He's got the gift of gab, so to speak.
WENDI ADELSON: I wouldn't say he's the gift of gab, but he does talk.
MR. DECOSTE: He knows what to say in the moment.
WENDI ADELSON: I wouldn't say that's true either.
MR. DECOSTE: You would say, though, that he — you were asked questions about drug purchasing and stuff like that.
MR. DECOSTE: You'd agree with me that he's also street smart.
WENDI ADELSON: I mean, I think he has common sense.
MR. DECOSTE: And that he lives life, to a certain extent, on both sides of the track.
MR. DECOSTE: During the day, he's doing periodontal work, whatever that is — crowns, root canals, whatever that is. He's doing that during the day. At night, he's out with friends. He's buying drugs. He's living life on both sides of the track.
WENDI ADELSON: I don't know about that, that he's out buying drugs.
MR. DECOSTE: Let's talk for a second about WhatsApp. And as an aside here for a second — the government asked you the question if you used WhatsApp, right? You remember that?
WENDI ADELSON: I remember them asking me, yeah.
MR. DECOSTE: On the day that Professor Markel was killed, you went in for the interview, right?
WENDI ADELSON: I talked to the police.
MR. DECOSTE: And you also gave them your phone for them to inspect.
WENDI ADELSON: Absolutely. Absolutely.
MR. DECOSTE: So the determination of what, if any, WhatsApp was being used — they would have, from the download they did that day of your phone?
WENDI ADELSON: Sure.
MR. DECOSTE: Now, would you be surprised to learn that your brother used WhatsApp?
WENDI ADELSON: No.
MR. DECOSTE: You would agree with me that WhatsApp, and you explained it well, is end-to-end encryption?
WENDI ADELSON: Correct.
MR. DECOSTE: In your lay opinion, if you can explain to the jurors, just in case they don't know, what that means.
WENDI ADELSON: I — I know that it's something we use at my work because essentially it has the ability to keep things more private. I also know that nothing's actually private, and that anyone who wants to can decode the messages. So that's what we tell people at our work.
MR. DECOSTE: So the thought is, with WhatsApp, if I text somebody, it's recordable, right?
WENDI ADELSON: I think so.
MR. DECOSTE: But with WhatsApp, you can send messages or have phone calls where there's no record of it.
WENDI ADELSON: I don't think that's true. I think there is still a record of it, but the — the belief and the thought —
MR. DECOSTE: I'll withdraw that question. Your lay understanding, though, is that the footprint that it leaves is much less than that of normal communications.
WENDI ADELSON: I think it's different, but I think it still leaves a digital footprint that's usually un-quotable.
MR. DECOSTE: If you were to send a WhatsApp message to this Catholic, it would show that a message was sent, but it would be hard to get what the content of the message is.
WENDI ADELSON: I don't think that's true.
MR. DECOSTE: All right. Let's — let's talk about your brother's jokes now. You don't deny that he joked about hiring a hitman.
WENDI ADELSON: He did.
MR. DECOSTE: You don't deny that he repeated this joke.
WENDI ADELSON: He did.
MR. DECOSTE: And he made this joke right before a hitman murdered Professor Markel.
WENDI ADELSON: I don't know that to be true.
MR. DECOSTE: Okay. He made the joke right before — and I'll leave out the hitman part — Professor Markel was killed.
WENDI ADELSON: He made the joke the morning that I talked to him.
MR. DECOSTE: Can you think of one person in this world that would actually hire two people to go kill Professor Markel other than your family?
MR. DECOSTE: Ms. Adelson, please address me and answer the question.
WENDI ADELSON: I'd love to, but it just calls for an unbelievable amount of speculation.
WENDI ADELSON: I mean, I'm responsible for coming up with — that's the prosecutor's duty, you know, to figure out who's responsible.
MR. DECOSTE: You just said a moment ago that you disagree that hitmen killed Professor Markel.
MR. DECOSTE: That's what you said, right? So my question to you is, if you're able to say, well, it wasn't hitmen, then who? Tell this jury — who in this planet would have wanted to kill Professor Markel?
MR. DECOSTE: All right, let's get into that a little bit. But I want — I want to make sure that's clear. This joke is made right before Professor Markel is murdered, right? It was made right before Professor Markel was murdered, yes or no?
WENDI ADELSON: Yes.
MR. DECOSTE: July 18, 2014, you're interviewed and you make a statement saying, "I knew this would happen." You said that, right?
WENDI ADELSON: I did.
MR. DECOSTE: All right. Now I want to talk about your knowledge and your belief on this. You're a smart person, right?
WENDI ADELSON: How am I supposed to answer that?
MR. DECOSTE: Well, let's go through your resume. You went to Brandeis University, right?
WENDI ADELSON: I did.
MR. DECOSTE: You graduated magna cum laude.
WENDI ADELSON: I did.
MR. DECOSTE: If you could explain to the jury what that means.
WENDI ADELSON: It means I studied a lot and got good grades.
WENDI ADELSON: It means — and so to speak, I'm from the northeast.
WENDI ADELSON: My Boston accent may give it away.
MR. DECOSTE: It means you're wicked smart, right?
MR. DECOSTE: You got a high GPA, a very high GPA.
WENDI ADELSON: I work hard.
MR. DECOSTE: You also went and you got a master's degree from the University of Cambridge.
WENDI ADELSON: I did.
MR. DECOSTE: You were a Gates Scholar.
WENDI ADELSON: I was.
MR. DECOSTE: You then go to the University of Miami School of Law, which is a top-tier law school — tier one, right?
WENDI ADELSON: Okay.
MR. DECOSTE: Right? We're talking about your level of intelligence. You went to the University of Miami Law School, right?
WENDI ADELSON: Yes.
MR. DECOSTE: You also clerked at the 11th Circuit Court of Appeals, right?
WENDI ADELSON: I did.
MR. DECOSTE: Now, to get a clerkship out of law school, it's a very difficult thing to do, right?
WENDI ADELSON: It's challenging.
MR. DECOSTE: You have to have top grades. You have to go through a rigorous selection process.
MR. DECOSTE: Right?
WENDI ADELSON: Yes.
MR. DECOSTE: You then become a professor at the Florida State University College of Law, right?
WENDI ADELSON: Yes.
MR. DECOSTE: You're also a published author, right?
WENDI ADELSON: No, you're just embarrassing me.
MR. DECOSTE: Why are you embarrassed that you're a published author?
WENDI ADELSON: I just — I don't like talking about myself.
MR. DECOSTE: Is it because the book that you wrote discredited Tallahassee and spoke ill of it?
WENDI ADELSON: The book did not discredit Tallahassee. It wasn't about Tallahassee.
MR. DECOSTE: Let's stay on topic and I ask a question again. With everything that we just went through, you're a smart woman, right?
WENDI ADELSON: I am a smart woman.
MR. DECOSTE: There's information about this case everywhere.
MR. DECOSTE: You'd agree with me on that, right?
WENDI ADELSON: I've been advised by my lawyer not to read it.
MR. DECOSTE: All right. Now, we're not talking about reading stuff. There's podcasts.
WENDI ADELSON: Also not to listen.
MR. DECOSTE: TV shows.
WENDI ADELSON: Also not to watch.
MR. DECOSTE: Articles.
WENDI ADELSON: Don't read.
MR. DECOSTE: And so you've made the decision — now you're a lawyer yourself too, right?
WENDI ADELSON: I am.
MR. DECOSTE: And you made the decision, "I'm not gonna look at any of this stuff."
WENDI ADELSON: I don't want to know what happened to the father of my two children. I don't want to know what happened.
MR. DECOSTE: How can you say you love those boys if you don't care who killed the father that they loved?
WENDI ADELSON: Of course I care.
MR. DECOSTE: Then why won't you look at the stuff?
WENDI ADELSON: I've been advised not to.
MR. DECOSTE: Are you afraid that when you look at it you're gonna realize that your brother did this?
WENDI ADELSON: I am NOT afraid of that.
MR. DECOSTE: Now, of course — and we won't get into privileged communications — but you've spoken to your lawyer about the case.
WENDI ADELSON: How are we not getting into privileged communications? Yes, I've spoken to my lawyer about the case.
MR. DECOSTE: You're very intelligent. You have one of the top defense attorneys in the country, former federal prosecutor John Lauro, right there in the blue suit, right?
WENDI ADELSON: He is my attorney.
MR. DECOSTE: You're telling me, with all of this at your disposal — your intelligence, his experience, and all this information — that you don't care to find out who it is that killed Professor Markel?
WENDI ADELSON: It's not that I don't care to find out. My job is to take care of those boys, and that is what I do. I don't see how it helps take care of them to go reading and watching and soaking up all of the horrible information that's out there.
MR. DECOSTE: You don't realize that you could be helpful in finally untangling this — to give this jury the truth about what happened to Professor Markel?
WENDI ADELSON: I have been nothing but helpful since this started.
MR. DECOSTE: So what happened to their son?
MR. DECOSTE: By you looking at it, you are at the center of all this, but you won't look at anything to help in the process.
WENDI ADELSON: I've done nothing but help in this process.
MR. DECOSTE: You came here and testified.
WENDI ADELSON: I came here and testified.
WENDI ADELSON: I spoke to the police for six hours without anyone present. I signed over my cell phone, my car, my house, everything — my computer. Peter, what else do I have or know that you haven't seen?
MR. DECOSTE: You came here because you were subpoenaed and had no choice.
WENDI ADELSON: Correct.
MR. DECOSTE: Right?
WENDI ADELSON: This is not fun. I would not do this by choice.
MR. DECOSTE: You've been inconvenienced.
WENDI ADELSON: I've not been inconvenienced.
MR. DECOSTE: Professor Markel was shot in the head.
WENDI ADELSON: I'm not complaining about being here. This is my duty. I'm here.
MR. DECOSTE: We'll get back to you complaining about being here.
MR. DECOSTE: Do you honestly expect this jury to believe that you haven't confronted your brother about all of this?
WENDI ADELSON: Yes.
MR. DECOSTE: Yes, you did confront him?
WENDI ADELSON: Yes, I do expect them to believe that. I did not confront my brother because I didn't.
MR. DECOSTE: That he went behind your back, right?
WENDI ADELSON: Did not happen.
MR. DECOSTE: Just like he has done with past boyfriends. He's done that in the past where he's gone behind your back when you were having problems in a relationship and dealt with it himself.
WENDI ADELSON: No.
MR. DECOSTE: Ms. adelson, you understand that until you expose your brother — what he did — that everybody's gonna consider you as guilty. You understand that, right?
WENDI ADELSON: What is the question that you're asking me?
MR. DECOSTE: You understand that, until you expose your brother and explain what he did — that he went behind everybody's back, they hired a hitman to murder your ex-husband — you'll remain guilty in the eyes of the world.
WENDI ADELSON: I can't speak to the eyes of the world. I can only know that I have done nothing wrong.
MR. DECOSTE: Or maybe you are guilty.
WENDI ADELSON: I am not guilty.
MR. DECOSTE: So a witness in this case — and I'm not going to get into their testimony — but one of the hitmen, the convicted hitman, implicates you on July 17, 2014, the day before the murder. The morning before, he says that you were walking on Trescott with the two boys, that you walked down the driveway and into the house.
WENDI ADELSON: That never happened.
MR. DECOSTE: Right, because Dan — Professor Markel, I apologize, Professor Markel — he had the kids based on the way that y'all's schedule was. On that day, he would have had the children in the morning, and you're going through such a bad divorce, you wouldn't be at his house, right?
WENDI ADELSON: I wouldn't be at his house anyway, but not because we were going through a bad divorce. At that time, things were pretty copacetic.
MR. DECOSTE: All right, so we're coming back to: maybe you do know, or maybe you were involved.
WENDI ADELSON: Excuse me?
WENDI ADELSON: What's the question that you're asking me?
MR. DECOSTE: I'm giving you a header of what we're talking about so that it will ease you into the question.
MR. DECOSTE: I'm just telling you what the topic that we're on, so we'll get to a question.
MR. DECOSTE: Now, the government asked you about a time that you met Ms. Magbanua. It was actually spring break of March 2014, right?
WENDI ADELSON: I believe so.
MR. DECOSTE: You went down to Miami. You stayed with your brother, Charles.
WENDI ADELSON: I went down to Fort Lauderdale after being in Immokalee and stayed with my brother.
MR. DECOSTE: You then went to Miami — Miami Beach — to Yardbird, and had dinner outside with your boyfriend at the time, or who you were dating, Jeffrey Lacasse. Katherine Magbanua was there, and your brother, Charles Adelson, and y'all ate outside, right?
WENDI ADELSON: We did.
MR. DECOSTE: And that's on Miami Beach, not in Fort Lauderdale.
WENDI ADELSON: Correct.
MR. DECOSTE: Now, just for context — Jeffrey Lacasse, he was also an FSU professor, not at the law school, but an FSU professor. Nice guy, right?
WENDI ADELSON: I don't think so.
MR. DECOSTE: Now, you deny, I'm assuming, that on July 13, 2014, you told Jeffrey Lacasse that Charles looked into hiring a hitman. You deny that or you admit that?
WENDI ADELSON: I deny that.
MR. DECOSTE: And that you told him that Charles looked into hiring a hitman back in September of 2013.
WENDI ADELSON: That never happened.
MR. DECOSTE: Which would have been months before your brother even met Katherine Magbanua.
WENDI ADELSON: I don't remember when they met.
MR. DECOSTE: Letting you know the topic we're on, we're talking about you being involved.
MR. DECOSTE: That same week, earlier in the week, you sent an email — we're talking about the week of the murder now, not spring break, the week of the murder, not Yardbird, the week of the murder — you sent an email to Jeffrey Lacasse saying that you wanted to break up, that you needed space, right?
WENDI ADELSON: Right? I did. Sent him a long email. Stay away.
WENDI ADELSON: We're broken up.
MR. DECOSTE: Right?
WENDI ADELSON: I did.
MR. DECOSTE: You knew that on July 18, 2014, Jeffrey Lacasse was leaving town to go on a trip, right?
WENDI ADELSON: I knew he was leaving at some point that week. I don't remember when.
MR. DECOSTE: You knew that he was leaving on the same day of the murder, at the same exact time as the murder.
WENDI ADELSON: I don't think I did.
MR. DECOSTE: 11 a.m. on July 18, 2014. 2014.
WENDI ADELSON: I don't think I knew when he was leaving town.
MR. DECOSTE: It's a good way to put the blame onto somebody else. You'd agree on that, right?
WENDI ADELSON: If it happened, it would have been a good way to put the blame on somebody else.
WENDI ADELSON: I have no idea when he was going to leave town.
MR. DECOSTE: Your interview, July 18, 2014, you said, you know, my brother, he joked about hiring a hitman.
MR. DECOSTE: Perhaps that was you just planting a seed to divert the attention of law enforcement away from you.
WENDI ADELSON: It was not.
MR. DECOSTE: Let's jump off topic right now and talk about your boys' names. In the time after the murder, you changed their last names from Markel to Adelson, right?
WENDI ADELSON: Yeah, a year later.
MR. DECOSTE: Yeah. Why?
WENDI ADELSON: I was scared.
MR. DECOSTE: Of what?
WENDI ADELSON: Of someone coming to attack them.
MR. DECOSTE: So, it's a year later, you won't look at anything because you don't want to know what's going on in the case, and the thought is, well, they're going to be protected if they have my last name and not Markel, right?
WENDI ADELSON: Yes.
MR. DECOSTE: Now, years later, arrests are made, it's clear who committed the murder — Sigfredo Garcia, Luis Rivera — the Adelson name has been dragged through the mud. Why haven't you continued to protect your boys and change the name back?
WENDI ADELSON: They will be changing. I'm not going to change the name back; I don't think that will help. Well, one day I'll change all of our names.
MR. DECOSTE: The government asked you about immunity, so let's get into that.
MR. DECOSTE: You explained that, as an attorney, you understand that when the government gives a subpoena for somebody to testify, that it conveys immunity, right?
WENDI ADELSON: That's my understanding.
WENDI ADELSON: My knowledge of criminal law dates back to 2003, when I took a semester in law school, so forgive me.
MR. DECOSTE: Graduated law school, right?
WENDI ADELSON: This isn't my area of law.
MR. DECOSTE: When you clerked on the 11th Circuit, it was with Judge Jordan, right?
WENDI ADELSON: I did immigration appeals.
MR. DECOSTE: Yeah, but you still dealt with criminal stuff as well, too.
WENDI ADELSON: Very little.
MR. DECOSTE: So your understanding, though, is it doesn't mean they can't arrest you. They just can't use what you say here against you later on. So you're protected.
WENDI ADELSON: Correct.
MR. DECOSTE: And you needed that to testify, right?
WENDI ADELSON: It's just given to testify. It's not a question of whether I needed it. It comes with testifying.
MR. DECOSTE: You fear being charged by them, so you need to have that protection of your words.
WENDI ADELSON: I don't fear being charged for a crime I didn't commit, no.
MR. DECOSTE: Now, y'all had this nice exchange where it was pleasant, but there's actually tension between you and this office, right?
WENDI ADELSON: No.
MR. DECOSTE: They recently had your brother, Charles Adelson, arrested, and he's in custody, right?
WENDI ADELSON: Correct.
MR. DECOSTE: For first-degree murder?
WENDI ADELSON: Correct.
MR. DECOSTE: And there's no tension?
WENDI ADELSON: It's very uncomfortable to be here. It's hard to tell where the tension is coming from.
MR. DECOSTE: They've discussed your involvement in this case. They insinuated it on the direct examination.
MR. DECOSTE: There's no tension?
WENDI ADELSON: Lots of media insinuates that I did something I didn't do, too. I can't feel tension towards every person in the world.
MR. DECOSTE: That's funny. I thought you didn't look at anything.
WENDI ADELSON: I don't. That's why.
MR. DECOSTE: But you know that — that you know about the media, but you don't know about the media.
WENDI ADELSON: I know about the media because it keeps me from employment. It keeps me from lots of things in my life. I'm aware of what's there, but I don't read the minutiae so I can sleep at night.
MR. DECOSTE: Ms. Adelson, five minutes ago you said you don't look at any of that stuff. Let me finish. Five minutes ago, you said you don't look at any of that stuff. Now I ask you a question, you say you look at stuff.
WENDI ADELSON: That's not actually what I said. I said I'm aware that it exists, but I don't read it, I don't listen to it.
MR. DECOSTE: Then how do you know that they're bashing you? You just told me they are.
WENDI ADELSON: I did, yeah.
MR. DECOSTE: How about this, we'll come back to it. You can think of a better answer.
WENDI ADELSON: Okay, I'm not thinking up an answer. I'm telling you the truth. I'm sorry if you don't want to listen to it.
MR. DECOSTE: Your basic understanding of criminal law, though — you know that if the defense gives you a subpoena, you get no immunity, correct?
MS. CAPPLEMAN: Objection. Improper question.
MR. DECOSTE: I'm not going beyond that question.
JUDGE WHEELER: All right. That's the only question you can ask on that.
MR. DECOSTE: If I give you a subpoena, you don't get immunity, right?
WENDI ADELSON: Correct.
MR. DECOSTE: Let's talk about your parents. The government asked you about your mother and father, Donna and Harvey, right?
MR. DECOSTE: The government could do the same and subpoena them so that this jury can watch them get questioned — not nicely, how Ms. Cappleman questioned you, but to be cross-examined by me.
MS. CAPPLEMAN: Objection. Improper question.
JUDGE WHEELER: I'm going to sustain that. Ask a different question.
MR. DECOSTE: Are your parents here in Tallahassee right now?
WENDI ADELSON: No.
MR. DECOSTE: Are they back in Miami?
WENDI ADELSON: Yes.
MR. DECOSTE: Do they have any plans of coming here this week or next?
WENDI ADELSON: I don't think so.
MR. DECOSTE: Your... family dynamic. It is your mother and father, Harvey and Donna; there's you — you're the youngest — Charles, and then the oldest, Robert, right?
WENDI ADELSON: Correct.
MR. DECOSTE: And he's a doctor up in New York.
WENDI ADELSON: Correct.
MR. DECOSTE: Now, the government asked you about the relationship and you're like, "We don't talk much." It's actually much deeper than that with Robert, isn't it?
WENDI ADELSON: We don't talk.
MR. DECOSTE: At all?
WENDI ADELSON: At all.
MR. DECOSTE: And the reason is, is because your parents were so difficult about the woman that is now his wife.
WENDI ADELSON: That is not the reason why we don't talk.
MR. DECOSTE: I'm not talking about the reason why you don't talk. Let me clarify — the reason why your parents don't talk to him.
WENDI ADELSON: That's not the reason why they don't talk to him.
MR. DECOSTE: Are you saying to this jury that there wasn't a problem where they outright objected to his marriage of a woman that was not of the Jewish faith?
WENDI ADELSON: That was initially what happened, and then there was actually a beautiful reconciliation, and they're very happy about the marriage.
MR. DECOSTE: Robert, his wife — not your family?
WENDI ADELSON: Robert and his wife and our family were very happy about Robert's marriage.
MR. DECOSTE: So, what happens is, is that Robert is in love with a woman, your parents object, he breaks up with her and then dates a Jewish woman, right? And then they got married and divorced, and then he got back together with the person he wanted to be married to, with his true love.
WENDI ADELSON: Yeah.
MR. DECOSTE: But there was a lot of tension in your family because of your family's involvement in the kids' marriages, right?
WENDI ADELSON: Yeah.
MR. DECOSTE: Let's talk briefly about your — your children. The government had asked you, and then the topic of the Jewish faith, keeping kosher. You mentioned about Bar Mitzvah. At one point in time, you're currently planning a Bar Mitzvah for your oldest, right?
WENDI ADELSON: Nope, it already happened.
MR. DECOSTE: Okay. Now, that is a very — Christopher — I'm obviously not Jewish, but my understanding is that it is a very, very important thing in the Jewish faith. It's a very important milestone, and for those that are very conservative in the Jewish faith — those that keep kosher, so to speak — it's even bigger.
WENDI ADELSON: I don't know that it's more important to one segment of Judaism over another, but it's an important coming of age ceremony.
MR. DECOSTE: It's where a boy becomes a man.
MR. DECOSTE: Did you invite Dan Markel's parents, the kids' grandparents?
WENDI ADELSON: I did.
MR. DECOSTE: You invited them?
WENDI ADELSON: I invited them, yes.
MR. DECOSTE: When was the last time they saw face to face their grandchildren?
WENDI ADELSON: April 20th.
MR. DECOSTE: Of this year? Just now. And you agree with me that it had been years, since 2016, since the last time they had seen them?
WENDI ADELSON: The visits stopped when they threatened to put my children in foster care, yes.
MR. DECOSTE: But up until that point, they did have visits.
MR. DECOSTE: But you've got no problem letting them see your brother Charles, right?
WENDI ADELSON: I'm sorry?
MR. DECOSTE: You have no problem letting them hang out with your brother Charles, who's now sitting in custody for first-degree murder.
WENDI ADELSON: Well, they can't see him now, can they?
MR. DECOSTE: No, they can't. But I'll ask the questions. For years they weren't able to see their grandchildren, despite their pleading to you to see them, but you let them — let me finish — but you let them hang out with your murdering brother.
MR. DECOSTE: Right?
WENDI ADELSON: The children were permitted to see their grandparents.
WENDI ADELSON: I cooked for them. We had play dates.
WENDI ADELSON: They had sleepovers.
WENDI ADELSON: When a letter surfaced that they were trying to have my children placed in foster care, the visits stopped.
WENDI ADELSON: My brother never threatened to put my children in foster care. And if he had, the visits would have stopped with him, too.
MR. DECOSTE: You say you love your boys.
WENDI ADELSON: I do say I love my children.
MR. DECOSTE: Don't care about the father that they love. What happened?
WENDI ADELSON: I never said that I don't care about the father that they love.
MR. DECOSTE: Look at some of the discovery and help figure it out.
WENDI ADELSON: Excuse me?
MR. DECOSTE: Then look at some of the evidence and help figure it out so that more lives aren't ruined by this.
WENDI ADELSON: I, I seem to not understand.
JUDGE WHEELER: You need to ask a question. Now you're making statements. Now you need to ask a question.
MR. DECOSTE: Understood, Your Honor. If I could have one brief second to check with the co-counsel.
MR. DECOSTE: Ms. Adelson, we started this by saying that this is all about you. It started with you because of this marriage, right?
WENDI ADELSON: No.
WENDI ADELSON: You tried to say that, but I don't agree.
MR. DECOSTE: Ms. Adelson, I'm going to make one final attempt through questions to implore you. You understand that you can't protect your brother Charles, who's going through this case, and protect yourself at the same time. You understand that, right?
WENDI ADELSON: I'm here to share the truth with you. I don't know how to answer the question.
MR. DECOSTE: Then please end the madness and share the truth. Will you please share the truth with this jury?
WENDI ADELSON: I've been sharing the truth since I walked in here. I've done nothing but share the truth.
MR. DECOSTE: You know what happened here. Despite your claims to the jury that you haven't looked at anything, you haven't discussed with anybody, and you haven't confronted your brother — you know what happened here, right?
WENDI ADELSON: I do not know what happened here, and if I did, I would have shared it with the police eight years ago.
MR. DECOSTE: You know that your brother — you know that your brother went behind your back, don't you?
WENDI ADELSON: I do not.
MR. DECOSTE: Like he always does. This is something that he has always done, isn't it? You found out after that your brother had done this and gone behind your back. That's why you were thrown off at that dinner, right?
WENDI ADELSON: No, it's not.
MR. DECOSTE: You know that it didn't involve Katie either, right?
WENDI ADELSON: I don't know anything.
MR. DECOSTE: If you're not gonna say all of that and finally give the truth, why don't you just admit to this jury that you're guilty?
WENDI ADELSON: Because I'm not guilty.
MR. DECOSTE: May I have a brief moment, Your Honor?
MR. DECOSTE: I got nothing further.
JUDGE WHEELER: Redirect.
MS. CAPPLEMAN: You were asked about the reason why you stopped contact for a period of time between your ex-husband's parents and your children.
WENDI ADELSON: Yeah.
MS. CAPPLEMAN: And you referenced a letter that you characterized as the grandparents threatening to put the children into foster care. Is that an email that was sent from the Markels to my office?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: Okay. And that was in reference to, in the event that you and the people that care for these children, who at the time were very young, were arrested, that the grandparents wanted to make sure — because they live in Canada, right?
WENDI ADELSON: They do.
MS. CAPPLEMAN: They wanted to make sure that a specific organization could be contacted to care for the children so that someone was there to care for them until a relative could get there.
WENDI ADELSON: I don't remember the bit about a relative getting there.
MS. CAPPLEMAN: Okay, well, they weren't just gonna leave them in foster care, right?
WENDI ADELSON: I don't know.
MS. CAPPLEMAN: Okay. But the specific nature of the email, you will agree, was in the event that there's some kind of mass arrest, because they don't know who's getting ready to go to jail next, right? I mean, they're not privy to the investigation any more than you are, right? Law enforcement investigations — they're secret.
WENDI ADELSON: Sure.
MS. CAPPLEMAN: Okay. And their concern — would you agree, the concern ultimately in the email — was for the care of the children?
WENDI ADELSON: The concern was to make sure the children were under good care. But as their mother, I know they're always under good care with me.
MS. CAPPLEMAN: Right. But there's no need for contemplated — you not being available to care for them — that's not possible, because it's not possible for you to get arrested, correct?
WENDI ADELSON: Because I've done nothing wrong and I believe in our justice system.
MS. CAPPLEMAN: Okay. Well, I just wanted to clarify the nature of that. In this case, you were asked about — you, as you mentioned, gave a police interview in this case, right?
WENDI ADELSON: Correct.
MS. CAPPLEMAN: And consented to the search of your phone, et cetera. You gave testimony in this case, right?
WENDI ADELSON: Yes.
MS. CAPPLEMAN: All right. And your parents did not.
WENDI ADELSON: Correct. They did not give testimony. They have not testified. They have not been asked to come testify, but they would, if they were asked.
MS. CAPPLEMAN: Okay. And have they given any police interviews?
WENDI ADELSON: They would have, but the police never contacted them.
MS. CAPPLEMAN: The police did contact them, didn't they, and they refused?
WENDI ADELSON: No.
MS. CAPPLEMAN: Are they represented by counsel?
WENDI ADELSON: They are represented by counsel, and they'll come testify if we wanted to. If they are under state subpoena, just like I was, they would come testify.
MS. CAPPLEMAN: All right. And do you know what they would testify to?
WENDI ADELSON: They would testify to whatever they know.
MS. CAPPLEMAN: And do you know what they know?
WENDI ADELSON: I have no idea what they know.
MS. CAPPLEMAN: Okay. They've never told you?
WENDI ADELSON: No.
MS. CAPPLEMAN: You've never asked them?
WENDI ADELSON: No.
MS. CAPPLEMAN: Because you've never had any conversations with them about this murder?
WENDI ADELSON: I've been advised by my counsel not to.
MS. CAPPLEMAN: All right. So nobody, including your brother Charlie, has admitted or denied to you any involvement in the murder one way or the other?
WENDI ADELSON: Correct.
MS. CAPPLEMAN: Same with your parents?
WENDI ADELSON: Correct.
MS. CAPPLEMAN: One moment please, Your Honor. Okay. Okay.
MS. CAPPLEMAN: Nothing further, Your Honor. Thank you.
JUDGE WHEELER: You're subject to recall?
MS. CAPPLEMAN: No, sir. She's free to go about her business.
JUDGE WHEELER: All right. You're free to go. Thank you.