Donna Adelson OKs new defense attorney in Dan Markel murder case

During a brief court appearance Monday, Donna Adelson waived any conflicts involving her choice of attorney to defend her on charges in the 2014 murder of her former son-in-law, Dan Markel.

Adelson recently hired Daniel Rashbaum, a Miami defense attorney and former federal prosecutor, and Alex Morris, a Tallahassee defense lawyer, to represent her.

Rashbaum served as lead attorney for her son, Charlie Adelson, who was convicted of Markel's murder on Nov. 6 after an eight-day trial at the Leon County Courthouse.

Her decision to hire Rashbaum created a conflict of interest because of his previous representation of her son. The parties are allowed to waive any conflicts, which they decided to do. Rashbaum is no longer representing Charlie Adelson, who hired Tallahassee attorney Michael Ufferman to handle his appeal.

Leon Circuit Judge Stephen Everett asked Adelson about the conflicts during the hearing. She appeared by Zoom from the Leon County Detention Facility; Rashbaum participated in person. Markel's father, Phil Markel, also appeared virtually.

"Mrs. Adelson, do you understand under the Constitution you have the right to conflict-free representation?" Everett asked. "You understand that (Rashbaum's) prior duty of confidence that he must maintain under the rules of professional responsibility in some way could affect your representation?"

"I do, your honor," she said.

Everett also noted that there was a second issue relating to a prohibition on lawyers representing their client and also being called as a witness in the case.

"I do not know if the state would seek to call your attorney as a witness for any matter," Everett said. "However, you understand an attorney cannot be both advocate and witness in the same case?"

"I understand," Adelson said.

"You understand as well if the state attempted to call your attorney for any reason, that could materially affect your case?"

"I understand," she said.

Donna Adelson is charged with first-degree murder and conspiracy and solicitation to commit murder in the fatal shooting of Markel on July 18, 2014. Markel, a Florida State law professor, was gunned down in the garage of his Trescott Drive home amid a particularly acrimonious court battle with his ex-wife, Wendi Adelson, Donna Adelson's daughter and Charlie Adelson's sister.

She was arrested on Nov. 13, one week after a jury returned swift guilty verdicts against her son, as she and her husband, Harvey Adelson, tried to fly out of Miami International Airport with one-way tickets to Vietnam. She pleaded not guilty to the charges during her arraignment last month.

No trial date has been set for Donna Adelson. However, Rashbaum told Everett that she will not be waiving her right to a speedy trial.

"I don't think it's going to be an issue," Rashbaum said. "We're working diligently with the state to try to figure out a trial date."

After the hearing, Rashbaum told reporters he expected the trial to happen perhaps by the summer.

He also said Donna Adelson was no longer in isolation or suicide watch. "She's doing as well as she can do in jail," Rashbaum said.

Besides Charlie Adelson, three others have been convicted in the murder-for-hire plot: the two hit men, Sigfredo Garcia and Luis Rivera, and Charlie Adelson's former girlfriend, Katie Magbanua.

Contact Jeff Burlew at jburlew@tallahassee.com or 850-599-2180.

This article originally appeared on Tallahassee Democrat: Markel case: Donna Adelson waives conflicts involving defense lawyer