Adelson flight to Vietnam lets state argue 'consciousness of guilt' in Markel murder

Donna Adelson was reportedly just steps away from freedom on a jetway ramp at Miami International Airport about to board an International flight with her husband, Harvey Adelson heading to Dubai, and then to Vietnam, which does not have an extradition treaty with the United States.

But, law enforcement, including FBI Special Agent Pat Sanford, intercepted their flight plans and arrested Donna on the jet runway for murder, conspiracy and solicitation for the murder of Professor Dan Markel. 

Donna and Charlie have seemingly learned little since 2016 when the FBI obtained a Title 3 wiretap and intercepted their calls after the FBI bump. During those calls the two talked in suspicious coded language. It was their calls, along with other recorded conversations/evidence that led to Charlie’s arrest for the murder.

It is unclear from the probable cause arrest affidavit whether they spoke in coded language on the recorded jail calls. The affidavit lacks any direct quotes attributed to Donna and Charlie on the calls.

All jail calls inform the parties prior to the conversation that the conversations are recorded. There is no mistake that both Donna and Charlie knew the calls were recorded.

According to the arrest affidavit, Donna tells Charlie she is getting her things in order, including making trusts for her grandkids. She further states she has considered taking her life and or fleeing to a country without extradition. It should be noted these recorded calls took place after Charlie was convicted on all three counts for the murder of Professor Markel.

Moreover, these calls took place after Prosecutor Cappleman said the investigation is ongoing and “stay tuned”.

These facts are highly relevant in assessing the context of these comments from Donna to her incarcerated son. In essence, this could be considered her final goodbye to her doting son before she was fleeing the United States.

A tight timeline as law enforcement intercepts Adelsons at airport

After her arrest, State Attorney Jack Campbell indicated that the events above described said: “That’s what forced our hand”. He indicated that extradition from Dubai and Vietnam would be a “very complicated and lengthy process.”

He also stated the state had enough evidence to prosecute Donna prior to her attempted flight to avoid prosecution. Notably, Campbell stated they did not have enough evidence to arrest her husband, Harvey Adelson.

It cannot be overstated that State Attorney Campbell and law enforcement had to make a quick and calculated decision in determining their next step against Donna Adelson. Leon Circuit Judge Stephen Everett signed the arrest warrant for Donna’s arrest around 5:45 p.m., Nov. 13.

Donna’s flight departed from Miami at 8:15 pm. the same day. Thus, law enforcement, including FBI Agent Sanford had to hurry to intercept Donna at the terminal.

It should be noted, international passengers normally check in 3 hours before takeoff. Consequently, we can assume prosecutors and agents knew when they sought the arrest warrant for her that Donna and Harvey had already checked in for their international flight.

The first court appearance of Donna Adelson: Flight and the 'consciousness of guilt'

Donna made her initial appearance in Miami and was informed of the murder conspiracy and solicitation charges against her. She also was informed there would be no bond and she will be transferred to her not-so favorite place, Tallahassee and Leon County.

Consciousness of guilt is a powerful and highly incriminating inference that a judge or jury may draw from the statements or conduct of an accused defendant after a crime has been committed. It suggests that the defendant knows he/she is guilty of the charged offense.

Read Donna Adelson arrest warrant: Talk of fleeing, suicide and 'getting things in order'

Examples of consciousness of guilt, may be evinced by a false alibi, intimidation of a witness, destruction or concealment of evidence and flight.

The law is well settled that evidence of flight is admissible as being relevant to infer consciousness of guilt where sufficient evidence exists to establish that the defendant fled to avoid prosecution of the charged defendant.

The burden is on the state, though. International flight alone does not create a presumption of guilt and is not sufficient to conclude that he/she is guilty. At most, it may provide an inference of consciousness of guilt. A jury decides.

Where there are two conflicting theories as to the meaning of evidence tending to show consciousness of guilt, the trial judge does not abuse its discretion in admitting such evidence, as the conflict in the theories goes to the weight of the evidence not its admissibility.

The gears of justice grind slowly, but they can be lethal

Donna Adelson was not facing charges at the time of her international flight. As such, the state will have to prove not only the international flight, but that such a flight was to avoid prosecution thereby inferring a consciousness of guilt on her behalf.

Even though the murder occurred nine years earlier, the state has been investigating and prosecuting her co-conspirators for the last six years. During her son's trial this month, Donna's name and conduct was an integral part of the state's case. Clearly, Donna was about to be charged in the murder case rather soon.

More importantly, the timing of the flight, location of the destination, and her statements on the recorded jail calls will establish that Donna was leaving to avoid future prosecution that she knew was imminent. She bought a one-way ticket to Vietnam (no extradition) the day after Charlie was convicted of the murder of Professor Markel.

Her words of getting things in order, possible suicide, and a flight to a destination without extradition demonstrate that she possessed a conscious of guilt for the murder of Professor Markel. As such, the court will allow such powerfully and highly incriminating evidence into her trial.

The state has strong circumstantial evidence against Donna for the murder of Professor Markel. This was proven by the highly incriminating evidence admitted in Charlie's trial. Prosecutor Campbell disclosed that they still had more evidence that has not been made public. Now, the state will introduce her flight to avoid prosecution as consciousness of guilt.

Once again, Donna and Charlie's conversations could be her undoing also.

The state has methodically proceeded with a scalpel in the prosecution of those responsible for the murder of Professor Markel. Is there more to come? Time will tell us that answer. People complain it took too long. I say: Justice is slow sometimes, but it can be lethal when given time! Just ask the Adelsons and their co-conspirators!

Tim Jansen, partner in Jansen & Davis, P.A., is a prominent criminal defense attorney in Tallahassee and former assistant U.S. attorney who worked major white collar crime cases as senior fraud prosecutor. He has represented numerous high-profile clients for years and is offering daily analysis on the Charlie Adelson trial to readers of the Tallahassee Democrat.

This article originally appeared on Tallahassee Democrat: Adelson arrest legal analysis: A fight and 'consciousness of guilt'