Charlie Adelson's parents won't be called as witnesses in his murder trial after all
Donna and Harvey Adelson, whose family has long been investigated in the killing of law professor Dan Markel, won’t be taking the stand in their son’s upcoming murder trial after all.
During a hearing Friday, Assistant State Attorney Georgia Cappleman issued a stipulated motion in open court showing that Charlie Adelson waived his rights to call his parents as witnesses in the case. The state, meanwhile, agreed to withdraw all subpoenas compelling them to testify in the case.
The move came a week after Leon Circuit Judge Stephen Everett threatened to hold Donna and Harvey Adelson in contempt of court if they failed to comply with state subpoenas and appear — for the first time since Markel’s murder in 2014 — for an interview with prosecutors.
The interview, which had been set for Oct. 17 at FBI headquarters in Miramar, did not happen.
In her motion, Cappleman noted that Daniel Rashbaum, counsel for Charlie Adelson, offered to remove his parents from the defense’s witness list “if the state would abandon its efforts to interview these witnesses before trial.” The government, which had also listed the Adelsons as potential witnesses, agreed to do so.
Had they appeared for an interview or on the stand, the Adelsons would have been granted broad immunity for their testimony, which means the state couldn’t use it in any potential future prosecution against them.
Charlie Adelson, a South Florida periodontist and the suspected ringleader of a plot to kill Markel, goes on trial Monday for first-degree murder, conspiracy and solicitation. Prosecutors believe the Adelson family had Markel killed during a contentious custody battle between the victim and his ex-wife, Wendi Adelson, who is Charlie Adelson’s sister.
Three others, Sigfredo Garcia and Luis Rivera, who were hired to shoot and kill Markel, and their accomplice, Katherine Magbanua, Garcia’s wife and Adelson’s former girlfriend, have all been convicted of murder in the case.
The Adelsons have never sat for an interview with prosecutors or police about Markel’s murder, though they have long denied any involvement. Wendi Adelson, who testified previously under immunity deals, also denied playing a role in the murder.
Last month, Cappleman issued investigative subpoenas for the Adelsons to appear for an interview on Oct. 3. After they didn’t appear, Cappleman filed a motion to show cause, which Everett granted.
FSU professor Dan Markel's killing: Everything to know about the murder-for-hire case
On Oct. 12, during a hearing on the matter, Rashbaum complained that Cappleman’s interview demand was “gamesmanship” that would interfere with his ability to prep for trial. He said he put the Adelsons on his witness list after the state sought its interview.
“Let me be clear, I’ll take them off ... my witness list if they’re not going to be interviewed,” Rashbaum said. “I put them out there as a protection for myself.”
Cappleman said she was concerned that the Adelsons would try to testify at trial but avoid answering questions by prosecutors beforehand by invoking their 5th Amendment rights.
“So obviously that’s not an acceptable result for the state,” Cappleman said at the time. “That’s when I began to fear they were going to testify for the defense.”
The State Attorney's Office and the defense also agreed that any testimony, evidence or argument suggesting that Donna and Harvey Adelson "were not attempted to be interviewed or would be willing to be interviewed or give testimony" in the case won't be admitted in the trial.
Jury selection is set to begin Monday in Adelson's trial and could run for several days before opening statements. Everett said Friday that he will sit 12 jurors and three alternates after screening potential panelists individually.
GAVEL-TO-GAVEL COVERAGE: The Tallahassee Democrat will livestream each day of the trial of Charlie Adelson from the courthouse in Tallahassee. Watch on Tallahassee.com and the Tallahassee Democrat's Facebook and YouTube pages. For best viewing experience: Download the Tallahassee Democrat app to watch and receive text alerts on when to watch – from opening arguments to the verdict.
Contact Jeff Burlew at jburlew@tallahassee.com or 850-599-2180.
This article originally appeared on Tallahassee Democrat: Charlie Adelson's parents won't be witnesses in Dan Markel murder case
