IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT IN AND FOR LEON COUNTY, FLORIDA. Case No. 16-CF-03036 STATE OF FLORIDA, v. CHARLES ADELSON, Defendant. / 9E:2 Hd L- AONEZOZ DEFENDANT CHARLES ADELSON’S SEALED MOTION TO INTERVIEW JURORS Defendant Charles Adelson, by and through undersigned counsel, and pursuant to Fla. R, Crim, P, 3.575 and Rule 4-3.5(€)(4) of the Rules Regulating The Florida Bar, respectfully moves this Court under seal to interview the jurors in this case, or for leave for undersigned counsel to do so, and states as follows: 1. OnNovember 6, 2023, the jury returned a verdict of guilt against Mr. Adelson on all three counts charged in the Indictment. In the wake of the jury’s verdict, this Court issued an ore tenus Order prohibiting the parties from contacting members of the jury. 2. Shortly after the verdict was announced, undersigned counsel received an email communication from one of the three alternate jurors discharged before the jury deliberations began asking that we contact him. A copy of the email is attached as Exhibit A. 3. Undersigned counsel called the alternate juror at his request on November 6, 2023. ‘The alternate juror advised that several days ago, one or more members of the jury asked all other jurors for their telephone numbers, after which some sort of group chat was established. While the alternate juror was unaware of what was said on the group chat, he explained that he felt this wassomething the parties and the Court should be aware of. We asked him whether he was aware if there were any discussion on the group chat ahout the case. He responded that he didnot know. 4, We do not know — and, absent juror interviews, cannot know — what the substance of any extrinsic juror communications was, or if those communications involved outside information about the case or constituted premature deliberations. What we do know is that this particular juror was uncomfortable enough to reach out to us. 5. Mr. Adelson, like every person charged with a crime, is entitled to a fair trial before an impartial jury of his peers. U.S. Const. amend VI. 6. Given the extensive publicity surrounding this case, and the intense media and community interest in its outcome, we believe that an interview of the jurors — either by this Court or by undersigned counsel ~ is required to ensure the integrity of the jury’s verdict in this case." 7. Undersigned counsel has conferred with counsel for the State, which opposes the relief requested sought in this motion. 1 We recognize that the Florida Supreme Court has said that “an inquiry [of jurors] is never permissible unless the moving party has made swom factual allegations that, if true, would require a trial court to order a new trial.” E,g., Baptist Hospital of Miami, Inc. v. Maler, 579 So. 24 97, 100 Fla, 1991), But in Ramirez v. State, the First District Court of Appeal concluded that the [SJupreme [CJourt necessarily disavowed its dicta (and any possible holding) requiring sworn allegations as a precondition to contact with jurors post trial, when it adopted Rule 3.575, which contains no requirement that any motion filed under the rule be verified. Not insignificantly, moreover, our [S]upreme [CJourt also expressly left available the alternative procedure under Rule Regulating The Florida Bar 4-3.5(d)(4), which allows an attomey with “reason to believe that grounds for such challenge may exist” to interview a juror or jurors to determine whether the verdict may be subject to legal challenge after merely “filfing] in the cause a notice of intention to interview setting forth the name of the juror or jurors. to be interviewed.” Ramirez v. State, 922 So. 2d 386, 389 (Fla. 1 DCA 2006) (citations omitted). 2Dated: November 7, 2023 Respectfully submitted, MARCUS NEIMAN RASHBAUM. & PINEIRO LLP 2S. Biscayne Blvd., Ste. 2530 Miami, Florida 33131 Tel: (305) 400-4261 By: /s Daniel L. Rashbaum Daniel L. Rashbaum, Esq. Florida Bar No. 75084 drashbaum@mnrlawfirm.com Kathryn A. Meyers Florida Bar No. 0711152 kmeyers@mnrlawfirm.com Attorneys for Mr. Adelson CERTIFICATE OF SERVICE I certify that, on November 7, 2023, a copy of the foregoing was served on all counsel of record by electronic mail. 4s Daniel L. Rashbaum Daniel L. Rashbaum, Esq.From: niet Rashbaur Tor Kate Mavs Subject: Fae: Please Contact Me Date: “Tuesday, November 7, 2023 11:46:37 AN Begin forwarded message: From: michael beyne Date: November 6, 2023 at 5:27:58 PM EST To: Daniel Rashbaum Subject: Please Contact Me Hello Mr, Rashbaum, My name is Michael Beyne, please contact me at (941) 204-7478. I have a question for you, Sent from my iPhone