Judge rules on outstanding motions before Donna Adelson’s murder trial

TALLAHASSEE, Fla. (COURT TV) — Donna Adelson was back in court today for the penultimate pretrial hearing ahead of her Sept. 17 trial start date. Leon County Circuit Court Judge Stephen Everett addressed several outstanding motions regarding what evidence is and is not admissible at trial. Adelson is accused in the death of her former son-in-law, Dan Markel .

The defense presented a motion in limine regarding the testimony of Tallahassee Police Dept. Sgt. Christopher Corbitt.

Donna Adelson is pictured at a pretrial hearing on Sept. 6, 2024. (Court TV)

Prosecutors want Corbitt to testify about call detail records for Donna Adelson, Charlie Adelson , Wendi Adelson, Harvey Adelson, Katherine Magbnaua , Sigfredo Garcia , and Luis Rivera.

Call detail records are files containing information about a communication activity including phone calls and text messages. The information is usually derived from cell phone towers and telephone exchanges. The telephone exchange is the physical building where connections between phone lines are established.

Magbanua, Garcia, Rivera, and Charlie Adelson have already been convicted in connection with Markel’s murder. Markel, a law professor at FSU, was in the middle of a bitter custody battle with Wendi at the time of his death. The pair had divorced, and shared two preschool-aged sons.

Donna is accused of conspiring with Charlie to kill Markel. Charlie, a wealthy South Florida periodontist, conspired with his ex-girlfriend, Magbanua, who coordinated with hitmen Garcia and Rivera to carry out the murder. Markel was gunned down while pulling into his Tallahassee driveway in July 2014.

READ MORE: FL v. Adelson: Dentist Mastermind Murder Trial

Charlie, Magbanua, Garcia, and Rivera were all convicted. Donna was arrested exactly one week after Charlie’s Nov. 2023 conviction . She was accosted on a jetway while trying to board a plane from Miami to Vietnam with a one-way ticket.

Donna Adelson’s defense attorney, Daniel Rashbaum, argued that while Corbitt should be allowed to be a summary witness, he doesn’t qualify as an expert. Corbitt’s report contains things like text messages and e-mails, Rashbaum explained, but the sergeant simply compiled them and cannot provide expert-level testimony.

Ultimately, the judge ruled to partially allow testimony from Corbitt. As to whether Corbitt can be qualified as an expert, the judge clarified that while the sergeant is capable of interpreting records, his testimony would be demonstrative and should not be admitted as evidence. Judge Everett also expressed an interest in hearing how Corbitt put his summary together, and how he formed his opinion.

FILE – Dan Markel (Florida State University)

Another motion in limine presented by the defense concerned the testimony of Wendi Adelson, who changed her sons’ last names from Markel to Adelson soon after their father’s murder. Wendi also authored a fictional book that closely resembled her real life.

Judge Everett clarified that the name change can only be used to impeach Wendi as it relates to her prior testimony. In other words, prosecutors can ask Wendi about the name change only if it relates to her previous testimony on that exact topic. The defense had wanted the prosecution to be prevented from asking questions such as, “Did you change the kids’ names?” The judge said it would be permitted if it was related to motive. Whether it can be used for impeachment purposes remains to be seen; it will depend on what testimony comes out.

It is not yet clear if Wendi or Donna’s husband, Harvey Adelson, will face any charges related to Markel’s death.

Judge Everett also addressed a motion regarding the admissibility of jail phone calls between Donna and Charlie Adelson. The State announced that, as of now, they have no plans to introduce any calls featuring Charlie.

The final outstanding motion which Judge Everett addressed concerned Luis Rivera’s gang affiliation and prior bad acts. The State argued that naming the gang organization would present credibility issues. For example, if Donna decides to take the stand and says something like, “I was threatened by a member of the Latin Kings,” it wouldn’t be necessary to call out the specific gang, as it wouldn’t affect her testimony either way.

The judge also stated that he is still mulling over the defense’s motion to exclude hearsay testimony of Wendi’s ex-boyfriend, Jeffrey Lacasse .

Before concluding the hearing, Judge Everett reminded Donna that if she intends to entertain a plea offer, she needs to act fast. The final pretrial hearing is set for Sept. 12.