A judge denied a motion to suppress evidence in the case of Donna Adelson, the woman accused in the murder of her son-in-law and FSU law professor Dan Markel.
According to court records, Donna received a call from her son, Charlie, who was at the Leon County Jail while she was at her apartment on November 7, 2023.
Before she spoke to him, records show, Donna acknowledged the phone call was not private and that the call was being recorded.
The documents go on to say Charlie was disconnected about eight minutes into the call. Then for the next 15 minutes with her husband, estate planning attorney, and the attorney's husband, Donna alluded to suicide, said she was looking for countries that did not have extradition agreements with the United States, wondered whether Vietnam has an extradition agreement with the U.S., and discussed a conversation she had with her daughter, Wendi Adelson.
Attorneys for Donna argued it was an "unlawful warrantless interception" to record her conversation after Charlie was disconnected because she thought the call and recording had ended.
The court concluded the defendant gave up her reasonable expectation of privacy when she answered her phone and consented to speak with her son. The court added the jail should be able to record for security purposes until both sides of the call disconnect.
