Charlie Adelson pushes for new trial, arguing conflict of interest

Posted at 8:59 AM, October 18, 2024

TALLAHASSEE, Fla. (Scripps News Tallahassee) — An appellate attorney for the man convicted of murdering FSU Law Professor Dan Markel said his client did not receive fair representation.

Charlie Adelson mugshot

Charlie Adelson appears with a shaved head in a booking photo from Dec. 2023. (Florida Dept. of Corrections)

Charlie Adelson‘s new attorney filed a motion in the First District Court of Appeals on Wednesday to have jurisdiction relinquished back to the lower court.

Florida criminal defense attorney Don Pumphrey’s first reaction to that motion: “Wow, plot twist,” Pumphrey said.

Adelson’s attorney, Michael Ufferman, argued that Adelson’s former attorney, Dan Raushbaum, had a conflict of interest, violating Adelson’s 6th Amendment right. Ufferman wrote that Rashbaum had been representing Charlie’s mother, Donna Adelson, since 2022, prior to Charlie’s arrest.

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Donna Adelson is an alleged co-conspirator in the murder of FSU Law Professor Dan Markel.

“He represented them both,” Pumphrey said. “He automatically has the potential for a divided loyalty, but after Charlie Adelson is arrested and continued representation, that creates an actual conflict of interest.”

Charlie Adelson was convicted of hiring hitmen to murder his ex-brother-in-law, Dan Markel, in 2014.

His mother is awaiting trial for her alleged role.

“There are indicators that loyalty was shown to Donna Adelson during Charlie Adelson’s trial representation,” Pumphrey said.

READ MORE: Charlie Adelson transfers to South Dakota prison

Ufferman argued that Donna was originally on Charlie Adelson’s defense witness list in his 2023 trial. She was later removed from the witness list. Ufferman argued the removal was in her interest.

Ufferman said those factors should be reason to give jurisdiction back to the lower court. That would allow a judge to decide whether or not to retry the case.

Pumphrey said he thinks the attorney makes a strong argument, but if retried, he doesn’t think it will be easy for Charlie Adelson.

“I think the state’s case only gets stronger, not weaker, so if he does get a new trial, I think the state will be prepared,” Pumphrey said.

Charlie’s mother, Donna, will next appear in court on December 10.