Donna Adelson pleads not guilty in Dan Markel murder, asks to be moved off suicide watch

Donna Adelson pleaded not guilty Monday to charges of first-degree murder, conspiracy and solicitation in the 2014 murder-for-hire killing of her former son-in-law, Dan Markel.

Adelson, 73, of Miami, appeared before Leon Circuit Judge Stephen Everett for arraignment and a hearing on a motion filed by her defense last week to move her off suicide watch at the Leon County Detention Facility.

It was the first time Adelson, who was arrested Nov. 13 in Miami and transported to the Leon County Detention Facility on Nov. 20, appeared in person in a Tallahassee courtroom.

Wearing a purple jail jumpsuit, handcuffs and leg shackles and appearing gaunt, Adelson was at times animated in the courtroom as officials discussed her incarceration. She sat with her attorney, Marissel Descalzo of Miami, at the defense table in Courtroom 3G, where her son, Charlie Adelson, was tried and convicted last month.

Donna Adelson audibly scoffed, saying "Oh my God" — prompting Everett to admonish her — after an attorney for the Leon County Sheriff’s Office said she had made statements about killing herself before her arrest and later during her arrival at the jail.

“Mrs. Adelson, please keep your comments to yourself and let your lawyer argue on your behalf,” Everett said.

“I’m sorry,” she told the judge.

Everett also shot down a request by Descalzo to intervene in Adelson’s incarceration and order an independent psychological evaluation of Donna Adelson designed to move her off suicide watch. Descalzo complained in court filings last week that her client had been denied medicine, eating utensils and the ability to communicate with her except for one monitored phone call.

Her court appearance came less than 24 hours before her son’s sentencing for his role as a financier and planner of the murder. Charlie Adelson, 47, who was found guilty of first-degree murder, conspiracy and solicitation, faces a mandatory sentence of life in prison.

Markel, a law professor at Florida State University, was fatally shot in the garage of his Betton Hills home on July 18, 2014. The killing happened amid bitter post-divorce court battles between Markel and his ex-wife, Wendi Adelson, who is Donna Adelson’s daughter and Charlie Adelson’s sister.

Jail lawyer: Adelson spoke of plan 'to kill herself using sleeping pills

Donna Adelson was arrested Nov. 13, a week after her son’s conviction, as she and her husband tried to board a flight out of Miami International Airport with one-way tickets to Vietnam, a non-extradition country.

According to arrest records, she told her son beforehand in recorded jail phone calls that she was thinking about fleeing to another country or possibly taking her own life.

However, Descalzo said in court documents and during the hearing that Donna Adelson had been evaluated at a Miami jail where she was housed immediately after her arrest and moved off suicide watch as a result. She said her client’s current level of confinement has limited her access to counsel, though not entirely.

“There is just no way that Mrs. Adelson can prepare for her defense in this manner,” Descalzo said.

But Gregg Toomey, an attorney representing the Sheriff’s Office, said there was no impediment for Adelson and her lawyer to speak and that counsel was free to come to the jail to meet in person. He also said the current restrictions on Donna Adelson were in place because of comments she made suggesting she was suicidal.

“When she was booked into the jail here, she made a statement that she wanted to die,” Toomey said. “Now before her arrest in Miami, she also had a phone call with her son ... a 25-minute phone call. I’ve personally listened to it. She very clearly spoke about a plan to kill herself using sleeping pills.”

Descalzo questioned Norman Mack, chief of LCSO’s department of detention, about the decision to keep Donna Adelson on suicide watch and how often she had been evaluated.

“I don’t get any paperwork because I’m not a medical professional,” Mack said. “I’m just making sure that her safety is taken care of.”

Everett asked Toomey whether there was a procedure in place at the jail regarding inmates who were at risk of self harm to assure that her treatment was “not random or arbitrary.” Toomey said it was standard at “each and every jail” for such inmates to stay in observation until a mental health professional says they’re not a risk for suicide.

The judge also said he didn’t have the authority to issue an injunction, as sought by Descalzo, under case law and the separation of powers.

“If Mrs. Adelson wants to prepare for her trial, she is entitled to do so,” Everett said. “But the sheriff runs the jail. I fully recognize that, and I respect that.”

Charlie Adelson's lawyer on his mom: 'They're torturing her'

Descalzo also disclosed in open court that she learned about Donna Adelson’s alleged mistreatment at the jail from Dan Rashbaum, the Miami lawyer who represented her son at trial. She said Rashbaum was able to “swap out” a meeting with Charlie Adelson for a recent one with Donna Adelson.

In her motion, Descalzo wrote that Donna Adelson had been sitting in her cell “naked all day with nothing but a mattress on the floor.” She said jail officers were “intentionally punishing” her and violating her constitutional rights.

Rashbaum, who attended the arraignment, blasted the jail’s treatment of Donna Adelson in a brief interview outside the courthouse.

“They’re torturing her,” Rashbaum said. “And that shouldn’t happen in this country.”

A spokesperson for LCSO declined to comment last week on the defense allegations, citing the pending legal matter.

Meanwhile, Everett set Donna Adelson’s next court appearance for Jan. 9. Assistant State Attorney Georgia Cappleman said she had already provided discovery to the defense.

Descalzo said she was prepared to move quickly if she and her client have the ability to meet and review the state’s evidence, including secretly recorded conversations.

“As long as ... we’re able to listen to them together, we plan to proceed to trial promptly,” Descalzo said.

Contact Jeff Burlew at jburlew@tallahassee.com or 850-599-2180.

GAVEL TO GAVEL COVERAGE: The Tallahassee Democrat is livestreaming the sentencing of Charlie Adelson Tuesday at 10:30 a.m. at the Leon County courthouse. 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.

This article originally appeared on Tallahassee Democrat: Donna Adelson pleads not guilty in the 2014 murder of Dan Markel