Criminal defense counsel who represented a State witness who was questioned in the investigation of a murder may not then represent the defendant in the same case. On leave granted, the State argues that because defense counsel was present for the witness's interview with detectives, she will be hampered in her ability to effectively cross-examine the witness at trial, materially limiting her ability to represent defendant Lucian Faulcon. The anticipated testimony of the witness involves his identification of a phone number that the police connected to defendant and used to trace defendant's whereabouts at the time of the murder. Defense counsel's former representation of the witness materially limit's counsel's ability to represent defendant. To allow this conflicted representation is contrary to the fair administration of justice.
