FL - FSU Law Professor Dan Markel Murdered by Hitmen-Donna Adelson Upcoming Trial - *4 Guilty* #26

[Niner]

I believe the defense strategy is in focus now. I am pretty confident that we are not going to see either Charlie or Donna testify in this trial. I hope I'm wrong, as I've really been looking forward to both cross examinations. However, it is clear to me that the entire defense is going to be predicated on an emphatic claim that Donna cannot be convicted unless the state proves every element of the conspiracy beyond a reasonable doubt. By telling the jury to accept the prosecution's theories regarding Wendi and Charlie, they are setting up what they hope will highlight the lack of clear evidence that Donna had prior knowledge.

Having Charlie blather on about his ridiculous double-extortion claim wouldn't help Donna's cause so I don't think they will call him. I hope I'm wrong. With regard to Donna, I can't imagine the defense exposing her to cross examination with so much material out there showing how vile she was and how much hatred she held for Danny.

Of course, we do know that Donna has a massive ego and is a control freak. Whether she testifies or not is ultimately up to her and being the narcissist that we know she is, she just might believe that she can talk her way out of this and get the jury on her side.

Just FYI - Someone here mentioned that Fulford in her opening statement said Donna would testify. Correct me if I am wrong - but I did read it here!

 

[Knitpicker]

Just FYI - Someone here mentioned that Fulford in her opening statement said Donna would testify. Correct me if I am wrong - but I did read it here!

I thought Zellman said it. I don’t think JF said it in opening bc I just watched it for second time.

 

[geevee]

When court was ending yesterday Judge Everett said something to the lawyers about being there at 8:30 (jury at 9:15) on Mon. and mentioned questioning the next witness, are they going to voir dire WA before court starts?

 

[Tortoise]

Why would Wendi have told anyone, even Charlie, that Dan was going away the following day? That seems pretty incriminating to me.

 

[Niner]

I thought Zellman said it. I don’t think JF said it in opening bc I just watched it for second time.

Okay - thanks for the correction!

 

[Knitpicker]

Okay - thanks for the correction!

Oh I’m not sure! I just “think”.

 

[Niner]

Oh I’m not sure! I just “think”.

well - I going to go with your "think" not going to go back & look - LOL! as I already had that on my first day of trial as a note. Whomever gave opening statements mentioned it.

 

[floridafreshsqueez]

I don’t think the defense got anything much out of Isom regarding the employment records or emails. It was not the intent of LE to verify ANY employment records, just KM’s, as Isom said.

As for the emails, Donna and Harvey sharing an email so “therefore Donna probably didn’t write all of them” is not a strong defense IMO. It was all they had, so that’s what they went with.

There is so much worse to come for Donna, the email address being shared is not going to sway the jury on the matter of reasonable doubt as to her culpability in the murder.

Give it another week and that cross examination of Isom is going to be inconsequential, it is a nothing burger.

 

[Niner]

okay - made me go back to find that post - found it!

A couple observations: 1) The defense opening extolling Donna as "just like us" and as a caring, kind person almost certainly opens the door to Rob Adelson's testimony regarding Donna's vindictive and mean character. 2) Although counsel represented to the court that Donna would be testifying, I'm wondering whether they choose to not put her on the stand and go all-in on the "the state didn't PROVE every element of the crime" defense.

 

[opt]

The defense knew that it planned to cast blame everywhere else. Given that, why would they put DA on the stand, let alone promise that in the opening statement?

 

[vislaw]

okay - made me go back to find that post - found it!

Yes, defense counsel represented to the court that Donna would be testifying, but this was pre-trial, not before the jury, and they are not bound by such statements. Also, my observation that the defense may have opened the door to permit Rob Adelson to testify is probably overstated. What the lawyers say in opening is not evidence, so it probably isn't sufficient on its own to cause the court to permit Rob's testimony. However, the judge can take into consideration that the defense blatantly presented Donna as being a kind person who is "just like us."

 

[Knitpicker]

okay - made me go back to find that post - found it!

I just listened to JF’s opening and I didn’t hear her say there that DA would be testifying.UGH!!

 

[BUF]

has anyone determined who the young man sitting on defense side is.

I think I had read somewhere that it was the defense’s paralegal’s mother and son, but who knows? Harvey didn’t seem to have any interaction with them. I’m guessing that they wanted more people in those empty defense reserved rows than just Harvey.

It seems like that paralegal was hired to be Donna’s minder….constantly rubbing her back and talking to her….imo.

 

[Niner]

Yes, defense counsel represented to the court that Donna would be testifying, but this was pre-trial, not before the jury, and they are not bound by such statements.

Oops - then I am sorry - I misread your post... darn I thought she would be up there! Thanks for straightening me out!

 

[Knitpicker]

Did Wendi ever testify before that those emails were with Donna? Or that those were her mother's sentiments towards Danny?

Yes she said she didn’t respond back to the nazi uniform one

 

[IQuestion]

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WEEPS UNCONTROLLABLY???..... "What da' matter Big D, can't stand to look at the dirty job you paid others to do?" Or is it for the humiliation of having the whole world to see what the aftermath of your unrelenting hate? Yes, visual confirmation of the horror you inflicted upon the Father of your grandsons....can't hide now, "It's different now."(GC) "Weeps uncontrollably" are the correct adjectives only for the parents standing at the grave of their murdered child.
....talked extensively with Florida clients and they NEVER heard of this case. The change of venue crap for this self-centered family is BS... it was more high profile in the area where they came from, than anywhere else. Never to be claimed or even discussed by polite society again.

 

[Knitpicker]

WEEPS UNCONTROLLABLY???..... "What da' matter Big D, can't stand to look at the dirty job you paid others to do?" Or is it for the humiliation of having the whole world to see what the aftermath of your unrelenting hate? Yes, visual confirmation of the horror you inflicted upon the Father of your grandsons....can't hide now, "It's different now."(GC) "Weeps uncontrollably" are the correct adjectives only for the parents standing at the grave of their murdered child.
....talked extensively with Florida clients and they NEVER heard of this case. The change of venue crap for this self-centered family is BS... it was more high profile in the area where they came from, than anywhere else. Never to be claimed or even discussed by polite society again.

I enlarged the screen on my ipad. There wasn’t a tear in either eye.

 

[Knitpicker]

Oh the irony, poor Wendi - stuck in Tallahassee again!

Of course, she isn't really "stuck", she can go somewhere else for 2 days but back to court Monday am.

She can always have a cuppa Joe at Redeye coffee and play “Memories”

 

[ch_13]

When court was ending yesterday Judge Everett said something to the lawyers about being there at 8:30 (jury at 9:15) on Mon. and mentioned questioning the next witness, are they going to voir dire WA before court starts?

The defense objected to the lack of foundation on a lot of the emails / other docs that the prosecution wanted to show. GC said that Wendi will be able to show foundation. So, perhaps they will go through those with her outside the jury's presence.

 

[IQuestion]

Oh the irony, poor Wendi - stuck in Tallahassee again!

Of course, she isn't really "stuck", she can go somewhere else for 2 days but back to court Monday am.

I'd venture to say with her lack of geographic direction she will probably be driving down Trescott and Centerville (for the next 2 days) trying to figure out how she can make her last 3 differing testimonies believable. And of course if the questioning ever becomes too direct, throw her hands over her face and emit a theatrical wail to distract.