DOWNTOWN TALLAHASSEE, FL — Donna Adelson is requesting a new trial following her conviction on September 4th. She was found guilty of all three counts: first-degree murder, solicitation and conspiracy to commit first-degree murder in the murder for hire plot in the shooting death of her former son-in-law, Dan Markel. Markel was shot and killed in July 2014.
In the motion, it states she's requesting a new trial due to:
- Juror misconduct
- Verdict is contrary to law or weight of the evidence
- The court erred in a decision of any matter of law which arose during the trial
- For other cause not due to Mrs. Adelson's fault, she didn't receive a fair and impartial trial
The motion accuses Juror Number 7 of going viral on TikTok about her jury service and said she revealed that she posted to the social media app during the trial. Before the trial began, the jury was instructed to speak to no one about the trial, and they were instructed not to look up anything regarding the trial or post anything about the trial.
Documents also show that they accuse Juror Number 5 of going on the podcast Surviving the Survivor and that during his appearance, he revealed how he considered Mrs. Adelson's reactions to the evidence and testimony during the trial. The motion states that while the juror didn't consider them during deliberations, they argue that any consideration is concerning, as her reactions are not evidence.
The motion also argues that a new trial must be given because the jury's verdict is contrary to the weight of the evidence and goes against the testimony of different witnesses called during the trial. It states that one of the witnesses, Patricia Byrd, was credible before considering Mrs. Adelson's alleged "confession to her. The report says Ms. Byrd can't be considered credible as she testified that the defense investigator with whom she spoke was a white woman and that Ms. Khan isn't a white woman.
It goes on to say that the state's entire case is premised on speculation, impermissible stacking of inferences, and theory. It states that without the speculation, theory, and impermissible stacking of inferences, there was no evidence Mrs. Adelson ever agreed for Dan Markel to be killed.
TO READ THE FULL MOTION, CLICK HERE.
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