A potential conflict regarding a homicide defendant’s lawyers was resolved in a status hearing before DC Superior Court Judge Rainey Brandt on June 12.
Demonte Gibson, 27, is charged with conspiracy, first-degree premeditated murder while armed, three counts of possession of a firearm during a crime of violence, assault with intent to kill while armed, assault with a dangerous weapon, and destruction of property for his alleged involvement in the murder of Delonte King, 34, on Nov. 3, 2021, on the 2800 block of 14th Street, NW.
Defense attorney Andrew Ain was appointed as conflict council to research the matter following a status hearing on June 6, when Judge Brandt said Gibson’s representation by defense attorneys Kevann Gardner and Elizabeth White could pose a conflict of interest.
She stated that the previous appointment of Lisbeth Sapirstein as Gibson’s defense attorney by DC Superior Court Judge Andrea Hertzfeld in another case meant that Sapirstein was to represent Gibson in both proceedings. Thus, a potential violation of the “single representation rule” aimed at preventing situations where lawyers could face mixed loyalties. In other words, by offereing evidence in one case, they could present information that would undermine the other.
For their part, Gardner and White argued under the Sixth Amendment guarantee of legal representation Gibson had the right to continuity of counsel.
Ain concluded that the conflict, if it existed, is waivable, also noting Gibson’s request he wants Gardner and White to stay on the case.
Judge Brandt granted his request.
Meanwhile, White stated her intention to file a motion for release. On June 12, Gardner requested only that Gibson be transferred to the lower security Central Treatment Facility (CTF) due to safety concerns following an attack on the defendant in the jail last week. It is unclear what happened.
Judge Brandt agreed to send a recommendation for the transfer.
Parties are slated to reconvene Jan. 23.
