Peter Schorsch
TV crews and spectators fill courtrooms for high profile trials. But so much of what shapes how these trials go happens in the weeks leading up.
This was one of those weeks in State v. Charles Adelson, who will face a jury in less than two weeks for his alleged role in the murder-for-hire of his former brother-in-law Dan Markel. Judge Stephen Everett delivered a series of pivotal decisions, most of which reinforce the strength of the State’s case. Justice for Dan’s Karen Cyphers was in the courtroom providing us with live coverage and analysis.
Here are a few of the big rulings:
The full “Dolce Vita” enhanced audio recording can be played, but transcript must stay out
The FBI recorded the first “post-bump” meeting between Charlie and Katie Magbanua, which took place at Dolce Vita, a noisy café. Despite audio interference, large parts of their conversation were audible —even more so after the state had an expert (Keith McElveen) “enhance” it using state-of-the-art techniques.
The defense asked the court to exclude McElveen’s enhanced version on the basis Katie’s half of the dialogue is largely indiscernible. But Assistant State Attorney Rachel Jankowski countered that jurors in the prior trial shared how the recording was both audible and compelling.
Judge Everett agreed: The enhancement is admissible, even including the first 30 seconds where Charlie makes an incriminating statement: “If they had any evidence, we would have already gone to the airport.” That said, Everett maintained a prior ruling by Judge Robert Wheeler that the transcript of this recording can’t be shown.
Lacasse can say that Wendi said Charlie Adelson had seriously looked into hiring hitmen, but only as “impeachment” material
Wendi’s ex-boyfriend Jeff Lacasse has testified that Wendi said Charlie had “joked” that buying her a TV as a divorce gift was “cheaper than hiring a hitman” — and that days before the murder, Wendi disclosed that Charlie had seriously looked into hiring a hitman the prior summer.
The defense doesn’t want Lacasse to be able to say this. But Judge Everett ruled it’s fair game — Lacasse can share what he heard for impeachment purposes, if other testimony differs from his.
Dan and Wendi’s divorce filings can be shared with the jury
The defense also doesn’t want the jury to know how contentious Dan and Wendi’s divorce was, and moved for it to be excluded on the basis of hearsay. But Judge Everett fired back: Divorce records will be admitted in so far as they speak to motive.
Donna and Harvey Adelson will have to sit for an investigative interview
Wendi and her parents left for Miami after Markel’s memorial service. Donna and Harvey never met with investigators as promised. For nine years, “the parents” maintained their silence. But after both defense and state attorneys listed them as witnesses, the state pursued an effort to hear their account — a process that confers immunity for anything they’d say.
The Adelsons’ lawyer said they’d take the 5th and refuse the interview, but Judge Everett ruled decisively: They must comply or he’ll begin contempt of court hearings. Unless they choose the latter, Donna and Harvey will be questioned, finally, on Oct. 17.
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Florida Politics provides ongoing coverage of the Markel murder case, which is drawing international media attention to Florida’s capital city. Our reporting draws from sources including contributor Cyphers of Sachs Media, who, with attorney Jason Solomon, advocates with the grassroots group “Justice for Dan” to draw attention to the case and provide analysis relevant to Florida’s political, advocacy and legal communities.
