A Florida woman charged with murder-for-hire of her former son-in-law claims she is being subjected to “cruel and unusual punishment” in prison.
Donna Adelson was arrested at Miami-Dade Airport last month, a week after her son Charles was convicted of hiring hitmen to kill her son-in-law Dan Markel.
Adelson, 73, had tried to fly to Vietnam on a one-way ticket, investigators said, which has no extradition treaty with the U.S.
Since being taken into custody, her attorney, Marissel Descalzo, has filed a motion alleging that prison staff is forcing her to eat with her hands and sit naked.
The movement, seen through CNNclaims that the alleged treatment is a violation of her Sixth Amendment rights.
Donna Adelson was arrested at Miami-Dade International Airport last month and booked into the county Corrections and Rehabilitation Facility
Charles Adelson (pictured) paid to have law professor Dan Markel – who was married to his sister, Wendi Adelson – murdered. Adelson licked his lips as his attorney Daniel Rashbaum whispered to him before the verdict was handed down last week
The outlet reported that Descalzo is asking the court to release Adelson so she can be under house arrest or face jail time to improve her conditions.
Descalzo is also asking the court to challenge Adelson for a “psychological evaluation” that would place her in a different unit. A hearing on the charges will take place on Monday.
Adelson was charged with first-degree murder, conspiracy and incitement in what prosecutors say was a murder-for-hire of Dan Markel, her former son-in-law.
Dan Markel, a father of two, was shot while sitting in his car outside his home
Her son Charles, a dentist, was convicted of Markel's murder a week before her arrest.
Charles had organized the murder through his girlfriend Katie Magbanua, who then hired her ex-boyfriend Sigfredo Garcia and his friend Luis Rivera to carry out the murder.
Markel's death was related to a lawsuit he won to prevent Adelson's daughter Wendi from moving from Tallahassee to South Florida with her two sons.
Markel was shot in the head as he sat in his car outside his Tallahassee home after taking his children to daycare and going to the gym.
The Adelsons immediately became suspects after Wendi Adelson told detectives that her ex-husband's murder could have been arranged on her behalf, saying her parents were “very angry with Markel.”
The court heard Donna Adelson “hated” Markel and was “desperate to find a way” to overcome his determination to prevent his two sons from moving to South Florida.
Markel had asked a judge to prevent her from having unsupervised contact with her grandchildren, and prosecutors discovered a July 2013 email in which she responded to the court's ruling.
Sigfredo Garcia, left, and his friend Luis Rivera, right, were hired to carry out the murder
Dan Markel (right) was shot dead outside his home in 2014. He was married to Wendi Adelson (left), but during their bitter divorce the couple argued over where their children would live. It was during this time that Markle was shot and killed
“It's time to take control of your life and not let Jibbers think he just 'won' anything by letting you stay in Tallahassee, eight hours away from the only family you have, and quit the job.” losses you can afford. and your children will enjoy benefits they would otherwise never be able to enjoy,” she told her daughter.
“Let's show this **** what will make him absolutely miserable. You know his weaknesses; money, religion, control.”
Authorities say the Adelsons considered offering Markel $1 million to move his ex-wife and sons, but then Charlie Adelson and other members of the family began plotting his death.
During his trial, it was shown that Charles paid Magbanua $138,000, which she shared with the killers.
The family then gave her a no-show job at their dental office and other payments totaling more than $56,000. Charlie Adelson also gave her a used Lexus.
Magbanua and Garcia were convicted of first-degree murder and Rivera is serving a 19-year prison sentence after pleading guilty to second-degree murder in exchange for testifying against them.
Katherine Magbanua pictured in court in 2019
Wendi wanted to move from Tallahassee to South Florida to be closer to her family. However, a judge at the time ruled that Wendi Adelson could not move without Markel's consent, and he refused, saying she could not move the children to Miami.
Investigators were able to maintain telephone records that showed numerous phone calls between Charlie Adelson and Magbanua, her and the killers and Charlie Adelson, and his mother and his sister in the hours before and shortly after the murder, as well as large monetary transactions between the family and Magbanua.
Charlie Adelson was arrested last year after technicians enhanced a recording made in 2016 of him and Magbanua at a Mexican restaurant while they were under surveillance discussing the extortion attempt.
In the conversation, Adelson told Magbanua that she would have to meet with the blackmailer and agree to a one-time payment.
During the trial, Wendi took the stand to testify that her family had nothing to do with the 2014 murder of her ex-husband. She denied any knowledge of the murder-for-hire plot or any involvement herself.
Wendi, who works as a lawyer, moved to Miami days after her husband was shot. She was given limited immunity for her testimony.
Wendi Adelson and her father, dentist Harvey Adelson, have not been charged, but Campbell said the investigation remains open. They have denied involvement.