United States v. Kwang Fu Peng

OPINION AND ORDER

EDELSTEIN, District Judge:

Information that came to light during the trial of this case presents this court with serious dilemmas. During the cross-examination of the government’s first witness, the defendant’s attorney made reference to a conference held at the defense attorney’s office involving the witness, the defendant, the attorney, and one of the attorney’s partners. The attorney therefore is a potential witness in the trial. This presents two problems. First, whether the defendant’s attorney must be disqualified pursuant to Rule 5-102 of the Disciplinary Rules of the…