Attorney Cites Conflict of Interest in Motion to Withdraw from Murder Case

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DC Superior Court Judge Neal Kravitz delayed a homicide trial slated to begin on Jan. 22, and requested more information from a defense counsel–that in regards to a motion to withdraw as attorney due to a conflict of interest during a hearing on Jan. 21.

Ernest Cleveland, 31, is charged with first-degree murder while armed, assault with intent to kill, aggravated assault knowingly while armed, three counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction for his alleged involvement in the fatal shooting of 39-year-old Edward Pearson on Nov. 26, 2020. The incident occurred on the 2900 block of Connecticut Avenue, NW.

On Jan. 19, Madelyn Harvey, Cleveland’s attorney, filed a motion to withdraw from the case, stating Laura Hankins, the General Counsel for the DC Public Defender Service (PDS) determined Harvey was in a conflict of interest situation.

During the hearing, Hankins testified about the issue under seal before Judge Kravitz after the courtroom was cleared.

After an extensive consultation, Judge Kravitz alerted the prosecution the trial, previously scheduled for Jan. 22, would be delayed to give Cleveland a chance to decide if he wants to assert or waive the conflict of interest option. Hypothetically, a lawyer representing a client in a related matter might learn information that could affect the outcome of either case. Thus, an unresolvable conflict of interests.

Judge Kravitz appointed Daniel Dorsey as an independent conflict counsel for the case, as the prosecution expressed frustration about the issue emerging so close to the trial date. They deemed the timing suspicious due to multiple opportunities this conflict could have been flagged sooner.

The next hearing is set for Jan 23.