What's next for the Adelsons? A family murder plot in Utah. Plus, should defendants testify?

Summary

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Dateline NBC: “What's next for the Adelsons? A family murder plot in Utah. Plus, should defendants testify?”

Date: September 11, 2025
Host: Andrea Canning, with field producers Rocio Zamora, Brad Davis, Brittany Morris, and legal analyst Misty Maris

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Episode Overview

This week's Dateline NBC delivers a double dose of real-life crime drama. The first half focuses on dramatic legal developments in two high-profile family murder cases: the conclusion of Donna Adelson’s trial in Florida, and a plea deal in the Utah family murder plot involving Catherine Rastelli. The episode also features a segment on the mysterious Burning Man homicide and the bizarre case of a Wisconsin man who faked his own death. To close, trial attorney Misty Maris breaks down one of the most vexing questions in criminal defense: should a defendant testify?

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Key Segments & Discussion Points

1. Florida’s Adelson Family Murder-for-Hire Case

(Start: 02:20)

Recap & Verdict Announcement

• Donna Adelson, accused of orchestrating a hit on her former son-in-law, Dan Markel, is convicted of first-degree murder, conspiracy, and solicitation after a nine-day trial.
• The conviction marks Donna as the fifth person found guilty in the murder-for-hire plot and the second Adelson family member to be sentenced (her son Charlie Adelson was convicted in 2023).

Key Courtroom Moments

• Verdict delivered swiftly after three hours of jury deliberation.
• Donna Adelson visibly emotional after the verdict, to the point of being admonished by the judge:

  “Mrs. Adelson, control yourself." (Brad Davis relaying Judge Everett's words, 05:23)

• Prosecution, led by Georgia Kaplan, argued the murder was to gain custody of grandchildren:

  “Despite their efforts to insulate themselves and distance themselves… they made enough mistakes to get themselves caught… today is Donna Adelson's turn.” (Georgia Kaplan, 04:07)

Defense Strategy

• Defense insisted the custody battle wasn’t “bitter,” and Donna was “a meddler, not a murderer.”
• Jackie Fulford (defense):

  “There’s not a single piece of evidence that connects my client to that murder. Not a single piece of evidence…” (Andrea Canning relaying, 05:01)

The Possibility of Additional Charges: Focus on Wendy Adelson

• Prosecution suggested suspicious behavior by Donna’s daughter, Wendy, on the morning of the murder:

  “She would have been able to clearly see the police activity… yet she abruptly turns around and leaves. She does not make contact… She does not call Dan Markel… She does not call the daycare…” (Georgia Kaplan, 06:27)

• Wendy testified under “use immunity” (statements on the stand can’t be used against her, but she remains open to charges if further evidence emerges).

Prosecutorial Tease & Ongoing Investigation

• At the press conference, prosecutors coyly decline to discuss Wendy as a target:

  Q: “Does Wendy have reason to be worried tonight?” (Brad Davis, 07:45) A: “No w questions.” (Georgia Kaplan, 07:48) Brad: “Should we say stay tuned?”
  Kaplan: “I mean, you can stay tuned.” (07:55)

Victim Impact

• Ruth Markel, Dan’s mother, gives a powerful statement:

  “At its core, this was a murder of convenience. So that one grandmother could live closer to her grandchildren. She killed their father and ripped the children from the other grandparents' lives.” (Georgia Kaplan reading, 08:34)

• Sentence: life in prison for Donna Adelson (automatic for first degree murder). Donna is 75 years old.

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2. Utah Family Murder Plot: The Rastelli Case

(Start: 11:39)

Background

• Matthew Rastelli, 34, shot and killed at his mother-in-law’s house in Utah, July 2024.
• Initial claim: Matthew was armed, killed in self-defense by his brother-in-law Kevin Ellis.
• Within days, story unravels, triple murder conspiracy charges filed: wife Catherine, mother-in-law Tracey Grist, and Kevin Ellis.

Key Evidence and Motive

• Catherine and Matthew: rocky marriage. Catherine secretly contacted a divorce attorney, took children to Utah without Matthew’s knowledge.
• Police found recordings of Catherine acting lovingly toward Matthew and encouraging him to pick up the family in Utah—setting him up.
• Victim lured:

  “She told him she was ready, packed, gave him the gate code… told him the door’s unlocked… Just come on in.” (Rocio Zamora, 13:50)

Crime Scene Details & Doubts

• Matthew shot three times in the back, once in the front, once in the hand.
• The “self-defense” scenario collapses:

  “Matt was face down. He was left handed. He had the knife in his right hand… The blade was not facing where you would think if he was pointing it at somebody—it was facing his own body… the gunshot was to his wrist…” (Rocio Zamora, 14:52)

• The knife believed to be planted. Subscription records tie the tactical knife to Tracey.

Tracey’s Suspicious Searches

• Tracey Grist searched for Dateline episodes—including the Adelson case—while planning the crime.

Plea and Sentencing

• Catherine changes her plea, implicates her mother and brother.
• Powerful victim statements from Matthew’s family:

  “You have betrayed Matt, me, my family, and most of all, your children.” (Brad Davis, quoting Diane Rastelli, 16:35)
  “She destroyed her children’s future.” (Brad Davis, quoting Mark Rastelli, 16:43)

• Catherine, at sentencing:

  “I'm so very deeply sorry for the pain I've caused… My apology will never be enough.” (Brad Davis as Catherine, 16:54)

• The judge imposes maximum sentences and a protective order:

  “Your children are victims of your actions. They deserve to grow up without you in their lives.” (Brad Davis, quoting the judge, 17:49)

• Catherine to serve up to 15 years each on murder and conspiracy, plus 5 to life for firearm use; parole board to determine actual duration.

What’s Next

• Kevin Ellis’ trial scheduled for January; Tracey Grist’s to follow. Catherine expected to testify against them.

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3. Dateline Roundup: Burning Man Homicide & Wisconsin Kayaker

(Start: 20:59)

Burning Man Homicide

• Victim: Vadim Kruglov, 37, found dead with a neck wound at the Burning Man festival (Black Rock Desert, Nevada).
• Kruglov remembered as “a true hero of Burning Man” by friends, who are assisting police with timeline reconstruction.
• Family, both U.S. and Russian, going public to demand “consequences” for the perpetrator (Brittany Morris, 22:42).

The Wisconsin Kayaker Fake Death Case

• Ryan Borgwardt faked his own drowning to flee to Eastern Europe for an online romance.
• Police interviews show depth of planning:

  “The amount of hours that I spent in trying to disappear would blow your mind.” (Brad Davis as Borgwardt, 23:42)

• Upon return, Borgwardt says that if his story became a movie, the proceeds should go to repay rescue costs.

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4. Should Defendants Testify? Legal Analysis With Misty Maris

(Start: 24:22)

The Dilemma

• The decision to testify is among the toughest in a trial.
• Donna Adelson declined to testify and was convicted.
• In a similar case, Karina Cooper testified but was still convicted.

Legal Strategy Insights

• Attorney Misty Maris explains:

  “Whether or not there’s the belief that the client is guilty or innocent isn’t really the factor… you’re focused on the strategy of risk versus reward… It is always a last minute call… are there open holes that you really need to fill in… is there any other way to do it other than the testimony of the defendant?” (Misty Maris, 26:28)

• Dangers on cross-examination:

  “Prosecutors are generally going to really attack credibility… catch inconsistencies… and now credibility becomes the primary focus.” (Misty Maris, 27:07)

• Self-defense cases often require defendant testimony to establish imminent fear.

Jury Unpredictability

• Maris:

  “Anytime you get a jury trial, anything can happen.” (28:49)

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Notable Quotes & Memorable Moments

• “Mrs. Adelson, control yourself.” — Judge Everett (as relayed by Brad Davis, 05:23)
• “No w questions.” — Prosecutor Georgia Kaplan, pressed about Wendy Adelson (07:48)
• “She killed their father and ripped the children from the other grandparents' lives.” — Ruth Markel (08:34)
• “She told him… the door’s unlocked, you don’t even have to knock. Just come on in.” — Rocio Zamora on Catharine’s setup of Matthew (13:50)
• “Your children are victims of your actions… They deserve to grow up without you in their lives.” — Judge at Catherine’s sentencing (17:49)
• “The amount of hours that I spent in trying to disappear would blow your mind.” – Ryan Borgwardt (23:42)
• “You advise as far as the good, the bad, and the ugly… but ultimately it’s up to them.” – Misty Maris, on the decision to testify (25:52)

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Timestamps of Major Segments

• Florida Adelson case verdict coverage: 02:20–09:44
• Utah Restelli family murder plot: 11:39–18:57
• Dateline Roundup: Burning Man, Wisconsin Kayaker: 20:59–24:22
• Should Defendants Testify? Legal Panel: 24:22–28:54

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Recap & Closing

Offering gripping updates from inside America's most twisted family dramas and the inside view of the criminal justice system, this episode keeps listeners on the edge of their seats. The show’s interviews, courtroom moments, and expert analysis make for an immersive true-crime experience. As both the Adelson and Rastelli stories develop, Dateline’s team promises more coverage, putting a spotlight on the pursuit of justice and the agonizing decisions within high-stakes trials.

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Transcript

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[Andrea Canning]

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[Brittany Morris]

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Twists and shocking revelations.

[Rocio Zamora]

Should wives have secrets from their husbands? Definitely. But not the other way around.

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The best is yet to come.

[Andrea Canning]

So off we go for our next adventure.

[Brad Davis]

I like the sound of that.

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[Rocio Zamora]

Hey, good morning.

[Andrea Canning]

You're listening in to dateline's morning meeting. That was quite the reaction in court. Our editorial team is catching up on breaking crime news. I find this case really very interesting.

[Misty Maris]

I spoke to the federal prosecutor yesterday. She actually called me to alert me.

[Andrea Canning]

To the plea deal.

[Brad Davis]

If we ever want to do a.

[Andrea Canning]

Series on devilish dentists, we're reaching critical.

[Brad Davis]

Masters this month, practically.

[Andrea Canning]

Welcome to DATELINE True Crime Weekly. I'm Andrea Canning. It's September 11th and here's what's on our docket. Family drama in a Utah courtroom as a woman who says she plotted with her mother and brother to murder her husband learns her fate.

[Rocio Zamora]

She said that she was so very deeply sorry she was fighting tears and said if she had the power to bring him back, she would.

[Andrea Canning]

In DATELINE roundup, an update on the investigation into the recent mysterious murder at the Burning Man Arts Festival and the Wisconsin kayaker who faked his death, why he did it in his own words.

[Brad Davis]

The amount of hours that I spent in trying to disappear would blow your mind.

[Andrea Canning]

Plus, we ask a defense attorney about one of the most important decisions a murder defendant can make, whether or not to testify.

[Misty Maris]

You're primarily focused on the strategy of risk versus reward.

[Andrea Canning]

But before all that, we're heading back to Tallahassee where the trial of the Florida grandmother accused of plotting to murder her former son in law has come to a dramatic conclusion. After nine days of testimony, it took the jury just over three hours to decide Donna Adelson's fate.

[Brad Davis]

We the jury find as follows as to count one of the indictment first degree murder. The defendant is guilty of first degree murder. Mrs. Adelson, control yourself.

[Andrea Canning]

Adelson sobbed as the judge read out the rest of the verdict. She was found guilty on all charges, including conspiracy and solicitation to commit first degree murder. She is the fifth person to be convicted in the murder for hire of Dan Markell, the FSU law professor who was embroiled in a contentious custody battle with her daughter Wendy. And she is the second member of the Adelson family to face prison time for the crime. Her son Charlie was convicted in 2023. But although the trial is over, there's one big question still lingering over the could more charges be coming? DATELINE producer Brad Davis is here to tell us what he knows. Brad, welcome back. Glad to be here, and thanks for all your coverage on the story. Brad, I know you've been on it for such a long time. Before we get into what happened with the verdict, you were in the courtroom for the closing arguments. Let's start with what the prosecution had to say.

[Brad Davis]

Yeah. The prosecutor, Georgia Kaplan, reiterated the prosecution's theory of the case that Donna Adelson basically orchestrated this hit in order for her grandkids to be taken to live down with her and her family down in South Florida. And then Kaplan also pointed out that every defendant in this case has basically pointed the finger at another one. But in reality, they were all guilty.

[Georgia Kaplan]

Despite their efforts to insulate themselves and to distance themselves from their co conspirators, they made enough mistakes to get themselves caught and held accountable for their respective roles in this conspiracy. And today is Donna Adelson's turn.

[Andrea Canning]

Donald Adelson's defense attorneys really push back on this idea of the custody battle, which the prosecution has said has been the motive all this time, but they say not so.

[Brad Davis]

Yeah, they insisted that the custody battle was not a bitter, contentious battle. And they said that Donna Adelson, she may have sent offensive emails and called Dan Markell offensive names, but that didn't mean that she wanted to have him killed or wish him any harm. The defense attorney, Jackie Fulford, called Donna a meddler, but not a murderer, which was a big line that resonated in the courtroom.

[Andrea Canning]

There's not a single piece of evidence that connects my client to that murder. Not a single piece of evidence that Brad. The prosecution gave a rebuttal and then the jury went to deliberate. We know they were not out for long. As we said, just a quick few hours later, you were all back in the court for the reading of the verdict. And Donna took it Hard.

[Brad Davis]

Yeah. It was like the flip of a switch. She was extremely emotional. I was sitting a few rows behind her in court. And her outbursts really resonated throughout the courtroom. And Judge Everett, the judge in the case, actually admonished Donna, there will not be any further outbursts in front of the jury. If you cannot control yourself, I am going to have to determine if you will be removed from the remainder of this process. Do you understand what I'm saying to you? Yes.

[Andrea Canning]

So the verdict marked an end to Donna's trial. But in closing arguments, the prosecution mentioned another name, and it was Donna's daughter, Wendy.

[Brad Davis]

Wendy's name certainly came up a lot in the closings because the prosecutor made comments that made it look like they might be targeting Wendy. They really did sort of double down on Wendy's behavior that she was on the phone with her brother that morning before the murder took place. And she actually went by the crime scene after the murder had taken place. And they made the point that was very suspicious.

[Georgia Kaplan]

She would have been able to clearly see the police activity at her former residence, the residence where her children currently lived half the time and where they woke up that morning. Yet she abruptly turns around and leaves. She does not make contact with the officer to ask what's going on. She does not call Dan Markel to say, are you okay? There's a bunch of cops at the house. She does not call the daycare to make sure her children arrive that morning and are okay.

[Andrea Canning]

We should remind listeners, Brad, Wendy has never been charged with a crime in this case, and she was given limited immunity for her testimony. What exactly did that limited immunity entail for her?

[Brad Davis]

Yeah, it basically was called use immunity, and it said that whatever she says on the stand cannot be used again in a future court of law. But that does not mean that she could not be charged in this case. If they find other evidence that points to her guilt in any sort of way, they could charge her, and it's looking more likely that could happen.

[Andrea Canning]

Brad, reporters got the chance to ask the prosecutor about Wendy at a press conference after the verdict, including you. Let's take a listen and listen for your voice in here. Does Wendy have reason to be worried tonight?

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You said that word.

[Georgia Kaplan]

That's a bad word.

[Brad Davis]

A bad word.

[Georgia Kaplan]

No w questions.

[Brad Davis]

Should we say stay tuned? Do we need to stay tuned?

[Georgia Kaplan]

I mean, you can stay tuned.

[Brad Davis]

Yeah. As you heard, she was pretty tight lipped about what might happen in the future. In fact, I was the person who asked that stay tuned question because the last time around, when Charlie was convicted after his trial, she said, well, you can all stay tuned. And so it just does make you wonder what the future might hold for other people in the Adelson family.

[Andrea Canning]

Brad, We've talked a lot about Donna Adelson and her family these past few weeks. But there is of course, another family caught up in all of this. Dan Markell's family. After the verdict, his, his mother Ruth, she gave a powerful victim impact statement.

[Georgia Kaplan]

At its core, this was a murder of convenience. So that one grandmother could live closer to her grandchildren. She killed their father and ripped the children from the other grandparents lives.

[Brad Davis]

It was very quiet in the courtroom as Ruth Markell was speaking. She really was very thankful to all of the law enforcement in Tallahassee and the prosecutors. She said, you know that FSU and Tallahassee are known for their football team, but they really should be for law enforcement and the amazing job that they did.

[Andrea Canning]

That's nice. It's such a long time coming for her and her family. And she, of course, she concluded her statement by asking the court to impose the maximum sentence which first degree murder carries an automatic sentence anyway of life in prison.

[Brad Davis]

Yeah, it's an automatic life sentence. So there's not really a lot of suspense here. But she is 75 years old, Donna Adelson, so you know, she's going to in all likelihood, you know, be in prison for the rest of her life.

[Andrea Canning]

Yeah.

[Rocio Zamora]

Okay.

[Andrea Canning]

Well, we will wait for word from you on the sentencing and any future developments in this case if there are more charges to come. Thank you so much for joining us again and again, all of your good work on this case, Brad.

[Brad Davis]

Sure. Well, stay tuned.

[Andrea Canning]

Coming up, another family accused of murder, this time in Utah. A woman admits she plotted to kill her husband. But will she now testify against her co defendants, her own mother and brother?

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[Rocio Zamora]

Is now in Mary's hands.

[Downton Abbey Trailer Voice]

It's the grand finale we've been waiting for. See it on the biggest screen possible.

[Brittany Morris]

It will be a sensation with scandalous.

[Downton Abbey Trailer Voice]

Twists and shocking revelations.

[Rocio Zamora]

Should wives have secrets from their husbands definitely, but not the other way around.

[Downton Abbey Trailer Voice]

The best is yet to come, so.

[Andrea Canning]

Off we go for our next adventure.

[Brad Davis]

I like the sound of that.

[Downton Abbey Trailer Voice]

Downton Abbey, the grand finale. Gritty PG Parental guidance suggested only in theaters this Friday. Get tickets now.

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[Andrea Canning]

On the night of July 12, 2024, 34 year old Matthew Restelli was fatally shot at his mother in law's house in Utah. She told police officers Matthew had entered her home unannounced, brandishing a knife and that her son fired his gun in self defense, killing him. But her story didn't add up for investigators and neither, they say, did the evidence. Within days, the death investigation had become something else. A murder investigation focused on three of the people closest to Matthew. His wife Catherine, her mother, Tracy Grist, and Catherine's brother, Kevin Ellis. Kevin was the first of the three to be charged with Matthew's murder. And then three months later, Catherine and Tracy were charged too. Here's Lieutenant Stewart four with the American Fork Police Department talking to her affiliate KSL News.

[Brad Davis]

The more our investigators looked into it, the more we were able to show that Katherine and Tracy had conspired to lure Matthew here to Utah in order to kill him.

[Andrea Canning]

All three family members pleaded not guilty. Then earlier this summer, there was a big twist in the case. Matthew's wife, Catherine changed her story and her plea, turning on her mother and brother. In her plea agreement, she revealed what she said were the details of their complicated plot. DATELINE produced Rocio Zamora was in the courtroom this week when Catherine went before a judge to hear her sentence. She's here to tell us now what happened. But first off, Rocio, give us the backstory on Catherine and Matthew's relationship.

[Rocio Zamora]

Well, Catherine and Matthew's relationship, according to testimony and her own plea deal, was pretty rocky. And at some point in the summer of 2024, she decided to take the kids and go to her mom's in Utah without telling him. When police searched her phone and when they talked to Some friends of hers, they realized that she had actually spok into a divorce attorney.

[Andrea Canning]

And we should say Matthew and Catherine's children are young, both under the age of 10. Prosecutors allege that the motive behind the murder plot was to help Catherine avoid a messy divorce. But did Matthew even know about his wife's intentions of leaving him? Rocio?

[Rocio Zamora]

No. And again, this comes from the evidence, but they have phone conversations that Catherine herself recorded where she is actually being very nice to Matthew, very loving. And they had a plan, according to those conversations, where Matthew was gonna go pick his family up in Utah and bring them back home to California with him. She told him she was ready, packed, gave him the gate code to her mom's house, told him the door's unlocked, you don't even have to knock. Just come on in.

[Andrea Canning]

So what happened when Matthew got to the house?

[Rocio Zamora]

So police think he was shot three times in the back, shot once in the front, and then once in one of his hands. According to the Ellis family, they said that Matthew entered armed with a knife and that he was unexpected. So Kevin Ellis shot in self defense.

[Andrea Canning]

And Utah does have a law allowing people to use deadly force if they feel they need to. Why were investigators so suspicious of the brother's story?

[Rocio Zamora]

And out of the gate when they saw the body? Matt was face down. He was left handed. He had the knife in his right hand. So he had it in his non dominant hand. The blade was not facing where you would think if he was pointing it at somebody, it was facing his own body. Also, the gunshot that I mentioned was to his wrist, area of that right hand making it very difficult for him to grip anything. So that coupled with everything else made police suspicious that the knife was planted in Matt's hand.

[Andrea Canning]

We've talked about Catherine and her brother's alleged role in the murder. What evidence do investigators say they found against Tracee the mom?

[Rocio Zamora]

So Tracey, by all accounts, seems to be the ringleader behind all of this. Catherine, in her plea, mentioned that she was the one that came up with the idea. Investigators were also able to tie the knife back to Tracy. The friend's husband had a subscription to a tactical company, and they knew that that subscription in one of the months gave that exact knife to its subscribers. So they think that that's how Tracy got ahold of that knife.

[Andrea Canning]

So, Rosie, investigators say Tracee made some suspicious Google searches as prep work for the murder, including one involving Dateline. In fact, she was looking up an episode about a case we were just talking about on this podcast.

[Rocio Zamora]

She looked at the Adelson murder. That was one of her searches.

[Andrea Canning]

Unreal. So tell us what happened this week at Catherine Rastelli's sentencing. You were there in the courtroom.

[Rocio Zamora]

The hearing began with several victim impact statements from those close to Matthew. His mother, Diane Rastelli, said his death created a massive hole in her heart and talked about how betrayed she felt by her daughter in law.

[Brad Davis]

You have betrayed Matt, me, my family, and most of all, your children.

[Rocio Zamora]

Matthew's younger brother Mark also spoke.

[Brad Davis]

She took her children's bottle. She destroyed her children's future.

[Andrea Canning]

Did Catherine say anything in court on her behalf?

[Rocio Zamora]

Catherine spoke very briefly. She was fighting tears.

[Brad Davis]

I'm so very deeply sorry for the pain that I've caused. I understand that my apology will never be enough. You were hurt that Matt's death has caused and continues to cause.

[Andrea Canning]

He didn't deserve it.

[Brad Davis]

If I had the power to bring.

[Andrea Canning]

Him back, I would sometimes. Rocia, we know judges, they have the final say and their words can be extremely powerful. And that was certainly the case and the end of this case.

[Rocio Zamora]

Yeah, the judge was very harsh with Catherine. The judge said he received a lot of letters from supporters of Catherine saying, you know, to be lenient on her because she loved her kids. The judge ultimately did not buy that and said if she loved her kids, she would have never murdered their father. And he went as far as to put a protective order against Catherine where she is not able to contact her kids directly or indirectly.

[Brad Davis]

Let me be clear. Your children are victims of your actions. They'll be lifetime victims of your actions, and they deserve to grow up without you in your life, in their lives.

[Rocio Zamora]

And the judge gave her the maximum amount of years for three counts. The first one was murder, and she got a maximum of one to 15 years. The second count was conspiracy to commit murder, which was a same one to 15 years. And then the third count was using a gun. So that was five to life. But the judge ultimately said that the parole board would be the ultimate deciders on how long she stays in jail.

[Andrea Canning]

All right, so Catherine Rastelli, her guilty plea, that that is the end of her chapter as far as her criminal charges. But this isn't over, as we mentioned. So what is next?

[Rocio Zamora]

Kevin's trial is supposed to start in January. Traci's trial will probably be soon after. And I think Catherine is expected to testify in those trials. But we'll wait and see.

[Andrea Canning]

We will certainly be watching as this all unfolds in the coming months. Rocio, thank you so much for joining us.

[Rocio Zamora]

You're welcome.

[Andrea Canning]

Next, it's time for DATELINE roundup. We've got new details about the investigation into the recent homicide at Burning man, plus weighing the risks and benefits of taking the stand in your own defense. An attorney gives us her. Take.

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[Rocio Zamora]

Is now in Mary's hands.

[Downton Abbey Trailer Voice]

It's the grand finale we've been waiting for. See it on the biggest screen possible.

[Andrea Canning]

It will be a syndrome sensation with.

[Downton Abbey Trailer Voice]

Scandalous twists and shocking revelations.

[Rocio Zamora]

Should wives have secrets from their husbands? Definitely. But not the other way around.

[Downton Abbey Trailer Voice]

The best is yet to come.

[Andrea Canning]

So off we go for our next adventure.

[Brad Davis]

I like the sound of that.

[Downton Abbey Trailer Voice]

Downton Abbey, the grand finale. Gritty pg. Parental guidance suggested only in theaters this Friday. Get tickets now.

[Emoji Health Advertiser]

Hi, we're Emoji Health, your long term weight loss solution. We'll connect you with a board certified provider to discuss your unique goals. Eligible patients can Access custom formulated GLP1 medications at an affordable fixed price delivered to their door monthly. Take our free eligibility [e-mail] and use code AUDIO40 at checkout for $40 off your first month of membership. That's join mochi.com results may vary. Eligible GLP1 patients typically lose one to two pounds per week in their first six months with Mochi when combined with a healthy lifestyle.

[Andrea Canning]

Welcome back. Joining me for this week's roundup is DATELINE field producer Brittany Morris. Hey, Brittany.

[Brittany Morris]

Hi, Andrea.

[Andrea Canning]

So, Brittany, up first, we are heading back to Black Rock Desert in Nevada with an update on the murder of a man at the popular music and arts festival Burning Man. Brittany, just remind us about this story.

[Brittany Morris]

Sure. So on August 30, a festival goer alerted authorities of a man, quote, lying in a pool of blood. As the festival's culminating event, the burning of a wooden effigy was taking place. He was identified by the medical examiner through his fingerprints. His name is Vadim Kruglov. He was 37.

[Andrea Canning]

So, Brittany, I would imagine that theories of the crime are circulating on social media this week. We do know more about the victim after talking to one of his Friends.

[Brittany Morris]

That's right. Kruglov. He was originally from Russia, but lived in Washington State at the time of his death. I spoke to one of Kruglov's friends that attended the festival with him. She told me that Kruglev was a true hero of Burning man and that he poured his soul into the community. He helped build the camp. This same friend also told me that she is assisting investigators by helping them build a timeline of Kruglev's last moments at Burning Man. According to her, Kruglov was found with a single and fatal stab wound to the neck. The Pershing County Sheriff's Office, who is tasked with investigating Kruglov's death, has not confirmed that information to me. As of now.

[Andrea Canning]

His family has said some things, not a lot, but. But they have been out there in the public.

[Brittany Morris]

Sure. We have heard from the family, including the family he has in Russia. A video of Kruglev's father, Igor Krugla, was posted online. He speaks in Russian but demanded, quote, consequences for suspects and his son's death.

[Andrea Canning]

Wow. Well, hopefully we'll hear some more soon on that story. For our next story, we are off to Wisconsin for an update in the case of Ryan Borgward, the man who faked his own death last year by pretending to drown while kayaking at a local lake. Police later found Borgwart alive and well in Eastern Europe, where they say he went to meet a woman he'd met online. And just a few weeks ago, he was sentenced to 89 days in county jail for obstructing an officer. So, Brittany, what is the latest there?

[Brittany Morris]

So what's new is that a local news station, CBS 58, obtained some never before seen footage from Borgwart's interview with police when he got back to the US and it shines some light on his state of mind when he left.

[Brad Davis]

I looked at some other places to potentially die, place closer to home. The amount of hours that I spent in trying to disappear would blow your mind.

[Andrea Canning]

The sheriff even told Borgwart this story sounds like it's straight out of a movie.

[Brittany Morris]

Yes. In an email obtained by CBS 58, a sheriff's deputy told Borgwardt his story could make a decent book or movie. And Borgort, in response to that, said the only way he'd consider it is if 100% of the proceeds went to repaying the people who spent time and money searching for him.

[Andrea Canning]

Thanks for the updates, Brittany.

[Brittany Morris]

Thank you so much, Andrea.

[Andrea Canning]

It can be one of the most anticipated moments in a murder trial, the moment a defendant decides whether or not to take the stand. Last week, Donna adelson seemed to agonize over the decision.

[Brad Davis]

Have you made a decision concerning this matter?

[Andrea Canning]

I haven't. I'm not prepared to make that decision. This decision affects the rest of my life.

[Brad Davis]

Mrs. Adelson, you're in the same position as every other criminal defendant who faces trial. Ultimately, you must decide whether you will testify or whether you will not.

[Andrea Canning]

Adelson decided not to testify, and a jury convicted her in less than four hours. But a few weeks ago, we told you about Iowa mom Karina cooper, accused of plotting with her lover to murder her husband.

[Rocio Zamora]

She.

[Andrea Canning]

She did choose to talk to the jury. Did you want your husband dead? No.

[Rocio Zamora]

Did you participate in the death of your husband?

[Brad Davis]

No.

[Andrea Canning]

The jury convicted cooper in less than four hours. It made us wonder, is it ever a good time for a defendant to take the stand? And what goes into making that call? Here to break it down for us is trial attorney and NBC legal analyst Misty maris. Welcome, Misty.

[Misty Maris]

Thank you so much for having me, Andrea. I love this topic.

[Andrea Canning]

Great.

[Misty Maris]

I love this topic as a defense attorney.

[Andrea Canning]

So interesting, right? I mean, I always thought to myself, you know, if I was innocent and I didn't do it, I should get on that stand and scream from the rooftops that I'm innocent. But what decision making goes into that process of should you or shouldn't you?

[Misty Maris]

It is probably the most consequential decision in any trial, and it's the type of thing that gives the defense attorney a little bit of heartburn and angst. So you advise as far as the good, the bad and the ugly about what could happen if they take the stand, make a recommendation, but ultimately it's up to them.

[Andrea Canning]

Yeah. And misty, what is your recommendation? If someone is in fact innocent of a crime and you really believe it and you know, this person comes across as really genuine, then would you say, you know, maybe this is the time to take the stand?

[Misty Maris]

So whether or not there's the belief that the client is guilty or innocent isn't really the factor that you're primarily focused on. You're focused on the strategy of risk versus reward. It is always a last minute call after the prosecution has put on their case and you're able from the defense side to assess whether or not there are open holes that you really need to fill in. Is there any other way to do it other than the testimony of the defendant?

[Andrea Canning]

Right, because once it gets to the prosecutor who has a shot at cross examining you, now you're. You're out there for whatever they want.

[Misty Maris]

To ask you, prosecutors are generally going to really attack credibility. They're going to try and catch inconsistencies like in Karina's case, a lot of electronic footprint, text messages, Snapchat and all of that. That's not consistent with the story she told on Direct. And now credibility becomes the primary focus.

[Andrea Canning]

I would imagine if you're like in a scenario where you really feel like you're losing, maybe this is the Hail Mary, let's put the defendant on. But if you feel like things are going pretty well, why rock the boat and put them up there? Right? Right.

[Misty Maris]

So if you feel like there really is just a tremendous amount of evidence against the client and the only way to refute it is the defendant's story, you gotta put it up there. And you know where you see testimony more often than in other cases are cases of self defense. Because there's really a difficult, definitely a difficult issue with establishing that imminent fear that somebody is experiencing and why they acted and why there was force that crosses that line.

[Andrea Canning]

Is it frustrating for you when a defendant says, you know, I, I thank you for your advice, but I really do want to take the stand?

[Misty Maris]

Yes, it is frustrating because your job as a defense lawyer is to protect the interests of your clients. But if my client's taking the stand, I am prepping them, I'm recording them, I'm showing them how they're responding, showing them minor things that become major when a jury is actually observing testimony. Anytime you get a jury trial, anything can happen.

[Andrea Canning]

Well, that's what makes it so interesting. Misty, thank you so much for being on the podcast.

[Misty Maris]

Thank you.

[Andrea Canning]

That's it for this episode of Dateline True Crime Weekly. Make sure to check out Josh's brand new original podcast series, Deadly Engagement about the murder of a grad student in North Carolina. Did a love triangle lead to murder?

[Brad Davis]

If we can ever prove who was stalking whom, I think we have our case solved.

[Andrea Canning]

You can subscribe to Dateline Premium on Apple Podcasts, Spotify or Dateline premium.com to hear the first two episodes now or start listening for free on Tuesday, September 16th. And coming up this Friday on Dateline, Keith's got an all new episode. When an aspiring actress vanishes after an audition, investigators take a closer look at her open marriage. And one man in particular.

[Brittany Morris]

I knocked on the door, knocked on the door. No answer. We could hear movement so we knew someone was inside.

[Andrea Canning]

Watch the night of the audition this Friday at 10, 9 Central on NBC. And a reminder, I'll be in Nashville with the rest of the Dateline crew on September 28th for the first ever Dateline Live event. There will be onstage panels, audience Q&As, and VIP reception. We'd love to see you there. You can still get [e-mail] you can also find a link in the episode description. Thanks for listening. Dateline True Crime Weekly is produced by Carson Cummins and Katie Ferguson. Our associate producer is Caroline Casey. Our senior producer is Liz Brown. Kroloff Production and fact checking help by Kim Flores Gaynor Veronica Mazeka is our digital producer, Rick Kwan is our sound designer. Original Music by Jesse McGinty Bryson Barnes is head of audio production, Paul Ryan is executive producer and Liz Cole is senior executive producer of Date Lynch Line.

[Brad Davis]

Anybody else have anything?

[Andrea Canning]

No?

[Brad Davis]

Okay.

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