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welcome back to court TV live along with
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Julia Jana and Ted Rollins we'll head
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back to the Carly Greg trial in
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Mississippi in just a minute but we have
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some breaking news out of the state of
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Florida in the case concerning Donna
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adelon they've been dealing with an
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issue all morning an issue about Charlie
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adelon the son who was convicted in the
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death of Dan marel already last year he
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was going to be transferred to testify
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against his mother but there was a
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waiver he needed to sign because his
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attorney is also his mother's current
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attorney let's go into the courtroom and
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see how it
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unfolds we continue forward yes judge M
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foror you
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may so judge with the surprise issues of
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the last couple days um I have asked for
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my prior client's waiver again and with
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the change of circumstances he has
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decided not to give it so let me be
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clear I have a waiver in the past
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um it's from December 12th December 13th
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and an independent lawyer spoke to him
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as well although did not get a signature
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on the
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waiver so we had a
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waiver we thought we had a waiver we
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didn't think there was an issue um but
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given the events of the last two
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days I approached app pellet Council to
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get a new
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waiver thought that was the right thing
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to do obviously and the cleanest thing
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to do and uh I am not able to obtain
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that waiver at this point so as a result
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I need to withdraw from the case very
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well does the state wish to be heard
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concerning the withdrawal of
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councel I don't think I have anything
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appropriate to say on the matter
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judge you're honor need to do we would
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like to proceed and I'd ask your honor
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to inquire whether we can proceive the
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second chair representing Miss Adon but
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obviously we're ready for trial and
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there's a lot at stake Mr Morris are you
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prepared to move through this trial
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without Mr R bom judge I didn't enough I
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tried to think about all the different
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potential rabbit trails and um the short
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answer is I do not believe that I am
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going to be able to be adequately
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prepared to proceed
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forward with the present calendar
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primarily because of the division of
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labor um in the
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case um I would move to continue for a
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brief period of time that's also in
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speaking with Mr upperman which is an
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issue that I'm going to request that we
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address the
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objection by Mr adelon would still
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pertain to my
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cross-examination and by extension the
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third party would conduct
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cross-examination in short I need time
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to
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regroup before we finish today today I
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will have the in camera hearing review
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concerning whether you have been
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properly walled off as to the withdrawal
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of lead councel I am going to permit it
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the conflict issues are so severe I
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believe to move forward with the trial
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Miss Klan M Dugan would Place us in a
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position where we would end up in a
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reversal let's go ahead and set a case
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management date as to all the expense
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that has been undertaken with moving
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Witnesses and preparing for trial the
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state certainly as a part of any cost of
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prosecution if you are successful May
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seek those costs as it relates to today
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as this continuance will be charged to
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the
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defendant as to a new date when would
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the parties like to have a case
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management I think as soon as possible
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judge um
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prepared brainstorm with Miss Kean and
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Miss dud with the state to be able to
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get a trial date if if we wanted to do
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that I don't know if we need additional
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time Miss Dugan advised that she has a
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court date October 15th so that would be
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my
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suggestion 10:15 at 2:30 will be the
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follow-up case management to today
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before we go into recess I am going to
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conduct the in camera hearing with Mr
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Morris as to any remaining issue of who
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should conduct the cross-examination of
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Charles adelon if called as a witness if
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the court reporter can meet me in the
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Jury Room Mr Morris please as
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well and there you have it Donna Sue
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adelon is not going to go to trial today
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the jurors potential jurors are there at
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the courthouse ready to be selected but
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this all boils down to a conflict of
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interests because she hired the same
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attorney that her son hired before in
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the case that he lost last year and now
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Charlie Adon is saying I never signed a
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waiver saying that this was okay and you
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can't cross-examine me when I'm on the
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stand let's bring in criminal defense
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attorney and former prosecutor Marie
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Pereira Marie why today why did we wait
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until this moment after we transported
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all of these inmates to testify against
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her to decide this is a bad idea this
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was foreseeable from day one this
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conflict and I'll say it again conflict
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so I don't know why the judge didn't
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shut it down from day one to make sure
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all the documents that needed to be
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signed were signed and all the pre-trial
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hearings concerning this conflict were
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dealt with because now I'm mad because I
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was really looking forward to seeing
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Donna be on trial the jurors are there
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this is a situation that could have been
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handled and the only person like I said
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I feel should have been on top of it was
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the judge how did he let something like
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this happen because it was foreseeable
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come on the moment I heard same attorney
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I was like how's that going to happen
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look at this
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now he was very he was very um concerned
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about it he was he asked the parties are
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you okay with this and they said yes
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until they didn't and of course they're
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going to pull this out um at the end of
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the uh oh judge is back on the bench
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let's go back
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in Mrs Adon uh depending if you choose
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to hire additional counsel or just reset
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the trial date you'll certainly be able
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to work with Mr Morris as your attorney
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and making that
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decision but the trial is going to be
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continued from today the jurors will be
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released this
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afternoon again as to the inconvenience
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and delay that this has caused I'm not
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happy but at the same time we're trying
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to get this right so we do not have to
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do it a second time I will speak with
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the parties again when we have the next
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case management hearing we are in
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[Applause]
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[Music]
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resos yeah all right buttoning it up
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there judge um Everett he's he he has
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such a unique voice and demeanor he
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really is as you said unflappable calm
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demeanor throughout the trial but you
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don't you don't uh mess up inside of
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that courtroom I experienced that when
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being there and he's upset in fact he's
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saying this is on the defense and at the
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end of the day if the state pursues it
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they could be on the hook financially uh
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Marie picking up where uh we left off
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there where it was foreseeable the the
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defense indicated that this is no
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problem no problem no problem repeatedly
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repeatedly but the what should the judge
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have done just said for you're not doing
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this from the beginning uh that this is
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too much of a conflict it's coming back
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because we know your client if she loses
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is going to appeal uh and let's get this
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off the table is that what you're saying
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that this never should have been
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entertained not that it shouldn't be
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entertained because if all the parties
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are on board if Charlie's okay with it
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and there was a waiver maybe the judge
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before picking the jury should have said
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let's visit this waiver thing again do
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you guys have a new waiver maybe he
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should have insisted on a new waiver
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being signed
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because apparently there's an old dusty
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one and then Charlie is now saying well
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I signed it before but I'm not I'm not
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with it that's what's happening here so
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maybe he should have been more on top of
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the waiver situation knowing that you
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know this could be a big conflict even
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if you you weren't an attorney all our
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court TV you know Watchers were like wow
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same attorney I think the Judge could
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have handled it better because he should
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have been in charge of tracking the
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waiver and maybe insisted on bringing
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him in and maybe even having a pre-trial
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hearing with him only and him being
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admonished when I say him Charlie bring
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him in from prison and say did you you
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know you know this is what's happening
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did you sign the waiver do you are you
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still on board to avoid this happening
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right now but I think Charlie planned
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that and he's a con creating a conflict
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that's what this is I think you're on
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point about the possibility that they
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could have brought in the uh inmate at
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least via video conference we see that
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sometimes but I do think judge Everett
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very much wanted to make sure Donna idon
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was aware of this conflict and in fact
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let's go back to this morning this is
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what we've seen judge Everett do for the
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last 11 months with Donna adelon when it
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comes to having the same attorney as her
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son take a
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listen believe we've done this twice
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before but given the circumstance and
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what has now Arisen it is prudent do it
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once again do you understand that you
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have the right to Conflict Free
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counsel I understand meaning
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specifically as it relates to Mr Rous
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bomb or any other conflict that may be
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imputed to Mr Morris or any other third
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party do you understand that your
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attorney has to be able to properly
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cross-examine your son if he is called
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as a
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witness yes
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do you understand how this conflict
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affects the cross-examination
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potentially or your overall defense
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strategy yes have you been able to speak
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with a conflict-free attorney in making
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the decision as to whether you wish to
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wave any conflict on this
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matter judge um the short answer is
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going to be no
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beyond having spoken with me at the
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Inception of my
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representation would you like to speak
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with Conflict Free counsel concerning
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this
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issue very well before we finish the cqu
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on this matter
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then we will go into recess the
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defendant will have an opportunity to
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consult with Conflict Free Council we'll
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resume this
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afternoon so Marie what do you think it
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is because the Adon have Financial
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Resources to hire other attorneys
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everyone thought as you mentioned what
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this was a bad idea because it limits
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what her defense can be Daniel rbor he's
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a great attorney I watched him represent
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Charlie zealously it was an unwinable
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case but he represented him very well
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but even being a great attorney in a
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case that was lost why wouldn't she just
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want a new attorney from the beginning I
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mean there's an attachment there that
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this family has to someone who's been
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represented presing them since I think
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2016 even before they were
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charged maybe she just felt more
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comfortable with him or maybe it is
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something that they strategize to cause
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some type of delay I don't know you
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don't know with this family but they're
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sneaky and that might be some nefarious
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reason but watching the allocution of um
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the defendant by the judge concerning
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the conflict they should have done like
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you said zoomed Charlie in and given him
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the same opportunity to speak on the
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possible conflicts and was he okay with
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attorney client privilege especially he
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still has those same people representing
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him for the appeal so the conflict was
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there this was foreseeable it was
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avoidable and I don't know how the judge
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let it go that far without shutting it
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down because like you guys said he seems
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very assertive he's on top of it he's
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not here for it but he really dropped
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the ball because he's the only one who
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could have shut it down from the
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beginning tracked it and then just
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avoided the delay
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today yeah there's something about this
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family just of the course after another
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but the breaking news is no Donna adelon
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trial yet and we don't have a new trial
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date yet no we'll be back in court
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October 15th and at that point set a new
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trial date but it will be pushed
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considerably because um Mr rosom now off
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of the case