FL - FSU Law Professor Dan Markel Murdered by Hitmen *4 Guilty* #24

[cottonweaver]

Animated chat from Dan, followed by a look of resignation from Donna and finally she sheds a tear

eta
I scrolled back and she was also crying and vocal when speaking with Alex Morris earlier.

 

[BUF]

No surprise here. Rashbaum knew he never had a signed waiver from CA. He should have never been allowed to represent DA after he represented CA….as all of this is so intertwined.

moo

 

[opt]

Rashbaum moves to withdraw from the case citing unable to obtain a new waiver from Charles’ appellate counsel.

No problem, the new guy only needs 30 minutes, right?

 

[vislaw]

IANAL. Can the counsel now asking to withdraw from this case be cited for this conduct? And for the likely delay to result from it? How is this only a matter indicated at this point by this action in the court record today? Maybe it should be referred to FL Office of Disciplinary Council (or the FL state equivalent).

There seems to be some similar questionable conduct by another defendant Sarah Boone in a different Florida courtroom. Are there some judicial shortcomings there in Florida that need to be assessed? MOO

I haven't seen anything that would rise to the level of disciplinary action. I noted the judge said he was charging the defense for the disruption of the trial. I'm not sure what expenses might be assessed, but if I were the defense I'd be more concerned with the enmity that has clearly been created with the judge.

 

[MTW2011]

No surprise here. Rashbaum knew he never had a signed waiver from CA. He should have never been allowed to represent DA after he represented CA….as all of this is so intertwined.

moo

I saw on Steinbeck’s livestream that he technically was retained by DA before ever getting involved to represent CA.

If that’s the case (and I’ve got no reason to doubt Carl), what a tangled web…

 

[Tortoise]

Excuse the stupid question, but can Charlie plead the fifth if he's called as a rebuttal witness anyway?

 

[arielilane]

BREAKING: Attorney Rashbaum is withdrawing as #DonnaAdelson's attorney!​

TRIAL DELAYED! #DonnaAdelson loses her attorney. Co-counsel Alex Morris is not prepared to take over as lead counsel and judge is granting continuance.


Case management hearing scheduled for 10/15/24.

@cathyrusson

 

[cottonweaver]

Excuse the stupid question, but can Charlie plead the fifth if he's called as a rebuttal witness anyway?

Yes, according to Professor Potuto ( Const Law Prof ) and Tally attorney Tim Jansen

 

[Going Rogue]

I've enjoyed your contributions to the discussion and will look forward to your posts during the trial. This is a great community, and I look forward to the trial whenever it occurs.

Appreciate your kind words, I think you are in small company ... I try to be impartial and objective and it seems ‘many’ in this community don’t like that. I should stress that it’s really ‘other’ places that are not very tolerant of someone willing to provide objective analysis – I do like the higher standard here on this platform

 

[amicuscurie]

I saw on Steinbeck’s livestream that he technically was retained by DA before ever getting involved to represent CA.

If that’s the case (and I’ve got no reason to doubt Carl), what a tangled web…

Yes. He’s been Donna’s lawyer since 2016. He was retained by her. Charlie had separate counsel, Markus. In my opinion the conflict was created in 2022 when Markus withdrew and Rashbaum became Charlie’s lawyer. At that point, in my opinion, he should have made it clear that he could no longer represent Donna should she be arrested and tried. He did not do that, apparently, nor did he obtain a signed waiver of the obvious conflict from either Donna or Charlie once he was retained to represent Donna again.

I just can’t believe this didn’t come up until now, on the eve of trial. Makes no sense to me that neither of the parties, nor Charlie’s counsel, raised the issue.

 

[BUF]

BREAKING: Attorney Rashbaum is withdrawing as #DonnaAdelson's attorney!​

TRIAL DELAYED! #DonnaAdelson loses her attorney. Co-counsel Alex Morris is not prepared to take over as lead counsel and judge is granting continuance.


Case management hearing scheduled for 10/15/24.

@cathyrusson

And there goes your request for a speedy trial Donna. You should have not insisted on Rashbaum.

 

[cottonweaver]

Commentary

Tim J says that his sources told him that Donna was NOT told that Dan was withdrawing from her case.

She only found out while Dan was up at the lectern.

( No wonder she was crying)

PS I am Not Sherlock:
the topic of sanctions via the Bar came up during the earlier livestream with Prof Potuto & Tim J this afternoon. TJ had said that a lawyer might file a complaint to FLA bar. Potuto said that any investigation or sanction would only occur after the case is over. ( Bad publicity isn't good for a new jury, she said ) Maybe they will return to the topic in another STS show?

ETA
Potuto has joined this livestream now and adds that whatever happens re sanctions on DR, this is IHO a ' well deserved hit to his reputation.' Potuto is also asked whether DR should be allowed to have any comms with Donna from hereon. Potuto says no, shouldn't be allowed basically -Tim J agrees on that.


Potuto says DR shouldn't have been able to get the waiver - verbal or otherwise - from CA in the first place. IDK, IANAL, am just adding what the experts say.
' Horrendous lawyering' says Potuto ( Also she mentions the Kawass DaCoste rep of Magbanua as another example)

@Missyrocks5 Tim J makes the point you made, days ago. " Charlie smirked in his mugshot. I'm back'

 

[Missyrocks5]

Morris needs to go also. Clean slate. He is fraught with problems. Who knows how long it’ll be before a new trial date. With the witnesses now 10 years out from events, this is not good. The poor Markel family.

 

[arielilane]

Didn’t see this coming. Though, haven’t followed the case too closely, do know the logistics of it.
As someone already said, better that this came out now than at a later time during trial. jmo

 

[opt]

Potuto is asked whether DR should be allowed to have any comms with Donna from hereon. Potuto says no, shouldn't be allowed basically -Tim J agrees on that

Based on the video I'm wondering if DA has some sort of crush on DR and is thinking about never being able to see him again?

 

[cottonweaver]

Based on the video I'm wondering if DA has some sort of crush on DR and is thinking about never being able to see him again?

DR has repped her since August 2016. They certainly got close. He's a smooth talker..... like her son

 

[arielilane]

Was CA asked to sign the waiver and declined, or not asked at all? TIA

 

[BUF]

Potuto is asked whether DR should be allowed to have any comms with Donna from hereon. Potuto says no, shouldn't be allowed basically -Tim J agrees on that.

I guess that those communications between CA and DA via Rashbaum will be non existent going forward now.

 

[arielilane]

Was CA asked to sign the waiver and declined, or not asked at all? TIA

Got it!

Rashbaum, who also represented Donna's son and convicted murderer Charlie Adelson, said he initially had a conflict waiver from Charlie, but he was unable to get an updated signed waiver.

"I have asked for my prior client's waiver again, and with the change of circumstances he refused to give it." Rashbaum said before withdrawing. "So we had a waiver, we thought we had a waiver, we didn't think there was an issue, but I given the events of the last two days, I approached appellate counsel to get a new waiver ... and I'm not able to obtain that waiver at this point, so at this point. So as a result I need to withdraw from the case."


LIVE Updates: Jury selection hits major snag in trial of Donna Adelson; attorney withdraws

9/17/2024


bbm
Because conflict issues are "so severe," Everett chose to not proceed with the trial, setting a case management hearing for Oct. 15 at 2:30 p.m.

 

[cottonweaver]

Was CA asked to sign the waiver and declined, or not asked at all? TIA

unfortunately nobody knows - except Dan & Charlie - the answer to the Q of whether Dan asked CA at any point after Dec 13 2023 through to last weekend.

Yes he's asked CA for a signed written waiver but only in the last few days.