Tuesday, September 17, 2024

Fireworks this morning in the Donna Adelson trial (UPDATED)

UPDATE 1:20pm -- Charlie Adelson refused to waive. Rashbaum moves to withdraw, which the judge grants. Trial continued. WOW. UPDATE 10:30am -- Donna Adelson says she waives any conflict. The prosecution agrees that it is sufficient and wants Rashbaum to stay on the case.

 Dan Rashbaum is in Tallahassee about to try the murder case for Donna Adelson.  He previously represented Donna's son, Charlie Adelson.  Both waived conflicts, but last night Charlie filed a motion asking that Dan not cross examine him.  That threw the case into chaos this morning as jury selection was supposed to start. You can follow along here:


4 comments:

Anonymous said...

Is this not a colossal attorney fuck up? How do you represent a mother accused of same crime as son you represented that you know will be a witness? At minimum you need a written waiver which he didn't have. I'd be worried about the bar.

Anonymous said...

How do you know he didn't have a written waiver? That seems unlikely.

Anonymous said...

https://floridapolitics.com/archives/696524-attorney-conflicts-delays-seeking-justice-for-dan-markel-continues/

All of this was explained to Donna Adelson by Judge Stephen Everett when she first re-retained Rashbaum as her “new-again” attorney. Donna acknowledged the conflict and waived it. Repeatedly. So, too, did Charlie Adelson – or so the court was led to believe. Rashbaum insists that Charlie had given Rashbaum his verbal waiver, permitting his sort-of-former lawyer to represent his mother in her trial. And that remained the case until today – Sept. 17, the first day of what would have been jury selection in Donna’s trial. More than 100 prospective jurors were already in the courthouse when it was revealed that Charlie decided to revoke his waiver, permitting Rashbaum to represent his mother.

Worse, Rashbaum didn’t even have such a waiver in writing.

Everett wasn’t pleased, nor was Assistant State Attorney Georgia Cappleman, who has quarterbacked the prosecution of Markel’s executors.

Anonymous said...

This wasn’t a fuck-up. Rashbaum isn’t a rookie. Under the specific circumstances of this case, he knew he needed to perfect Charlie’s waiver in writing. He didn’t because he was afraid Charlie would revoke the oral waiver. He didn’t want to risk it. Maybe it was the money? Who knows what drove him to make such poor decision?

This is also an ethical blunder. No doubt the Bar will hear about it. It would be interesting to see what Charlie and Donna say to Bar investigators if a formal investigation is conducted.

In the end, Donna pays the ultimate price due to another indefinite delay. She can’t be happy about that. Unhappy clients turn on their lawyers, even when they agreed to the very decision that now makes them unhappy.