On Tuesday, October 8, 2024, Tallahassee Democrat reported that Judge Stephen Everett presiding over the Donna Adelson murder trial ordered that her two newly appointed attorneys, Robert “Alex” Morris and Adam Komisar, could not represent her due to conflicts of interest. This marks another delay in the trial of Donna Adelson, who is accused of orchestrating the 2014 murder of her daughter-in-law’s father, Florida State professor Dan Markel.
Donna Adelson’s trial was already postponed last month after her initial lead lawyer, Dan Rashbaum, unexpectedly withdrew three weeks before jury selection was set to begin, citing conflicts from representing both Donna and her son Charlie Adelson, who has already been convicted for his role in Markel’s murder. Morris stayed on as counsel but recently filed a motion seeking clarification regarding its ruling on her future counsel.
In his order disqualifying Morris and Komisar, Judge Everett wrote that an adequate ethical wall was not established between Rashbaum and Morris regarding privileged communications between Rashbaum and Charlie Adelson. He also noted the case was “rife” with potential for similar conflicts of interest with Komisar. The judge canceled an upcoming case management meeting and instructed “conflict-free counsel” to file a notice of appearance by Donna Adelson’s next hearing on December 10.
However, after Charlie Adelson was subpoenaed by the prosecution to testify at his mother’s trial and moved to Tallahassee, his appellate attorney, Michael Ufferman, notified the court that his client no longer waived any conflicts about his previous communications with Rashbaum. Ufferman also objected to Rashbaum or any member of the defense team at the time, which included Morris, conducting a cross-examination of Charlie Adelson if he were called to the stand. In response, the defense assigned Komisar, an unrelated third-party attorney, to potentially cross-examine Charlie Adelson should he testify.
Tallahassee criminal defense attorney Tim Jansen said the judge’s decision was not surprising given the issues that arose from Rashbaum representing both Adelsons. He predicted the trial may now be pushed back even further to late 2025 or early 2026. Morris expressed that Donna Adelson has now lost three lawyers in quick succession and her new attorneys will have much to review in a short time, making this a difficult situation for her.
In his order, Judge Everett wrote that while the 6th Amendment guarantees the right to counsel of choice, it is not absolute and “cannot interfere with the fair and orderly administration of justice.” He cited that Rashbaum’s conflicts involving privileged communications had been imputed to Morris. All Florida lawyers have an ethical duty to avoid conduct that could disrupt legal proceedings or prejudice the administration of justice, according to the judge.
Source: Tallahassee Democrat
