Donna Adelson's defense team is looking for a new trial, that's after Adelson was recently convicted on 3 charges, including first-degree murder, in the death of former FSU professor Dan Markel.
- The motion has been filed on the grounds of a guilty verdict being contrary to the evidence presented and juror misconduct.
- State Attorney Jack Campbell said he expected the Defense to appeal.
- One local criminal defense attorney says proving juror misconduct is difficult.
- Watch the video to hear their thoughts on the likelihood of this case being retried.
BROADCAST TRANSCRIPT:
Donna Adelson is looking to return to the courtroom for a new trial.
A jury found her guilty of first-degree murder and other charges earlier this month, in connection with the death of her ex-son-in-law and former FSU Professor Dan Markel.
Now, new court records show Donna's legal team wants a new trial and to interview two jurors. They argue the verdict was contrary to the evidence that was presented, one of the Defense's main points in their closing arguments during the trial.
"There's no evidence of it," said Jackie Fulford during closing arguments earlier this month. "It's their theory, that's all it is. You can't convict someone based on theory; you have to have evidence beyond a reasonable doubt."
State Attorney Jack Campbell said appealing a conviction is a standard tactic.
"We are going to continue to zealously advocate on behalf of the State of Florida," said Campbell. "But no, I'm not laying awake at night. Once again, I knew that they were going to appeal."
Local criminal defense attorney Tim Jansen followed the entire trial. Jansen said he thinks a new trial will likely be denied because Judge Stephen Everett already heard the case for acquittal during the trial.
"So he's already made a ruling, and he's not going to admit he made mistakes," said Jansen.
Court records also accuse two jurors of misconduct. Adelson's team wants to interview those jurors after identifying comments they allegedly made on social media.
They claim the jurors disobeyed the Judge's orders.
Campbell said everything he has seen right now shows jurors did follow instructions.
Jansen also said proving juror misconduct is difficult.
"You have to allege in your complaint, in your motion, that something affected the deliberations and the verdict," said Jansen. "They have not done so. The judge is not going to let you just go interview jurors who served duty for two weeks on a fishing expedition. That's what it is."
ABC 27 reached out to Joshua Zelman on Donna Adelson's Defense team, but we have not yet heard back.
Right now, a case management for Adelson has been set for October 14th at 2:30 p.m. Campbell said he is unsure if an earlier hearing will be scheduled to discuss this motion.
Want to see more local news? Visit the WTXL ABC 27 Website.
Stay in touch with us anywhere, anytime.
