Attorneys are arguing about admissibility of wire taps, Dolce Vita video with Charlie Adelson in court with trial just two weeks away
TALLAHASSEE, Fla. (WCTV) – Charlie Adelson was in court Monday afternoon as attorneys in the case argued about what jurors should see and hear once his trial begins October 23.
Adelson is accused in the 2014 murder for hire of FSU Law Professor Dan Markel. Three other people are serving time in the deadly plot and two of them could testify against him, including ex-girlfriend Katherine Magbanua.
Pre-trial motions argued in court Monday focused primarily on the admissibility of wire taps on Adelson’s phone, an FBI video of Adelson and Magbanua meeting at the Dolce Vita restaurant and the court file detailing a bitter divorce and custody battle between Markel and Adelsons sister Wendi.
This is a clip of the original FBI recording showing Charlie Adelson meeting Katherine Magbanua at the Dolce Vita restaurant in April 2016.
The judge ruled that the jury can see an enhanced version of the Dolce Vita video, despite the defense’s contention that much of the tape is inaudible and cannot provide proper context for Adelson’s comments, including one a comment he allegedly made about being at the airport if evidence was found.
“The state, when they did its enhancement, miraculously, that’s the first line that was enhanced. You have no idea what is said right before it. It gives a complete guessing game for this jury to guess what is said,” defense attorney Daniel Rashbaum argued.
“It is audible. It may not used to be audible, but it is now,” prosecutor Rachel Jankowski argued. “And in fact, I do want to let the court know that after Miss Magbanua’s trial, jurors from the Miss Magbanua’s trial actually approached the state and told us that not only was it audible, but it was compelling evidence.”
The judge did side with the defense in deciding the state cannot give jurors a transcript of that conversation.
News of Charlie Adelson’s arrest not only shocked the Tallahassee Community but surprised the victim’s family as well.
A series of phone calls recorded during a court-authorized wiretap are also hotly disputed.
The state is seeking to admit more than 50 calls as evidence in the case, according to a motion filed last month. The defense contends the wiretap was OK’d based on “stale,” years-old information and wants the judge to toss out all of the calls.
The judge reserved a ruling on whether jurors will get to hear any or all of those calls.
Attorneys also argued over the admissibility of the Markels’ divorce file. It has been admitted, at least in part, in two trials so far. Defense attorneys call it inadmissible hearsay, but prosecutors contend it sheds light on Adelson’s motive for the murder.
“I think it’s appropriate for the jury to know just how litigious that divorce was. Obviously, that’s extremely probative in showing why someone should be so desperate to go ahead and hire someone to kill their brother-in-law,” prosecutor Rachel Janikowski said.
“But I still think that the state would have to connect it to Mr. Adelson,” defense attorney Kate Meyers argued. “The fact that Wendi Adelson may have been aware of a filing, which she obviously was as she was a party to that proceeding, doesn’t necessarily translate to Mr. Adelson unless the state can connect that.”
Wendi Adelson, Dan Markel’s ex-wife, takes the stand on May 19, 2022, in the second day of witness testimony in Katherine Magbanua’s retrial.(WCTV)
The hearings are the first of several in advance of the high-profile trial that is expected to last at least three weeks.
Another hearing is set for Thursday to decide if Adelson’s parents, Harvey and Donna, are required to answer questions in a deposition prior to trial.
Following Thursday’s lunch break, Luis Rivera took the stand in Katherine Magbanua’s retrial for the murder of Dan Markel. (5/19/22)
Co-defendants Luis Rivera and Katherine Magbanua are expected to testify.
Rivera opted for a plea deal with a 19-year sentence in exchange for his testimony against the others. Magbanua is a new addition to the state’s witness list. She met with prosecutors behind closed doors soon after she was convicted and sentenced to life in prison in 2022. It’s not clear what, if anything, she could receive in exchange for her testimony.
Sigfredo Garcia, the convicted triggerman, is serving a life sentence for Markel’s murder. He is also listed as a state witness in Adelson’s trial.
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