Conflict of interest or unified defense?

Added: 2026-05-12

[00:00:00]Every day in the USA, people find themselves in court.

[00:00:05][music] [music] >> Okay. So, you entered an appearance on this, Miss Schlussell?

[00:00:17]>> Yes.

[00:00:18]>> Okay. Your appearance >> Deborah Schlussell P56420 on behalf of the defendant, Miss Stephanie Calgger. Miss Cal Cowgger, please state your name.

[00:00:30]She's not.

[00:00:31]>> I'm bringing her in. I'm bringing her in right now, your honor.

[00:00:34]>> That's all right. Not a problem.

[00:00:41]Okay, ma'am. You have to unmute and tell me your name, please.

[00:00:45]There you go.

[00:00:45]>> Okay. Calgary.

[00:00:47]>> All right. So, your lawyer has just stated her appearance. You posted your bond and we have a PCC scheduled for today and a preliminary exam for the 12th. Did you already talk to the prosecutor on this one? Miss Schlussell.

[00:01:02]>> Your honor, may I make a record of something real quick?

[00:01:06]>> Sure. I'm sorry, Miss Cahalen. Your your name. I my apology.

[00:01:10]>> That's okay. Claire Cahalen on behalf of the people. P88772.

[00:01:14]>> Who are you related to?

[00:01:16]>> All of them. All the Cahalens that you're thinking of. You'll probably be a judge someday. Don't Don't [laughter] move down here and run against me. Okay.

[00:01:25]All right. Go ahead. What do you want to say?

[00:01:26]>> Um yeah. So, um the defendant in this case is charged due to a matter that occurred with her husband. Um and that case, he was charged with criminal multiple counts of criminal sexual conduct. There those cases are intrinsically connected and intertwined.

[00:01:41]And so, the dad's preliminary examination was held on the 30th of April. Um, and before dad's preliminary examination, attorney Deborah Schlesel told me that she would be representing mom. Um, but however, mom testified in that examination. She was not read her rights before she testified. Um, and um, there has been no record made of whether both the defendant in this case, Miss Stephanie Cowgger, and the defendant in the dad's case, Christopher Cowgger, wave that conflict of interest because there is a huge and extremely severe contra conflict of interest in this case here.

[00:02:18]>> So, so you represented the husband to, Miss Schles, >> correct, your honor. They have a unified defense and um, Ms. Calgary waves any conflict in conflict of interest.

[00:02:32]>> Your honor, she has to do that.

[00:02:34]>> Wait a second. Wait, wait, wait. So, I want to just make Did you Did the prosecution call Miss Cowgar in that case?

[00:02:42]>> No, I did, your honor.

[00:02:44]>> Wait a minute. So, you you're representing the husband and you call the the wife who then testifies without being Where was this at? Was this in our courthouse, too? Yes.

[00:02:57]>> So then Miss Cowgarb made incriminating statements. Is that what happened?

[00:03:02]>> Yes, your honor.

[00:03:03]>> Your honor, I disagree that she said anything incriminating.

[00:03:08]>> Well, wait a minute. That's What did Can you tell me, Miss Cahalen? You were on that case, right?

[00:03:14]>> Yes, your honor.

[00:03:15]>> What What did she state under oath?

[00:03:19]>> Um, your honor, >> just generally speaking, summarizing.

[00:03:22]>> Yes, your honor. She stated completely opposite of what her statement was to the police in her interrogation um when she was under oath. So they completely are opposite from one another regarding her case.

[00:03:38]>> All right. So So be more specific. She told the police what during her interrogation. She told the police during her interrogation that she had witnessed certain things and had been told about certain things about the um sexual misconduct that was going on and then under oath testified to not witnessing this and not actually being told only being told very briefly about some things.

[00:04:03]>> Your honor, if I may respond, Miss Calgary stated on the record that she never said those things to the police and that the police got it wrong.

[00:04:11]>> Your honor, that's not true. I have video cam of the entire interrogation which has been sent over to Miss Debbie Schlesel.

[00:04:22]>> I don't know how you can how you can represent her. I don't care if she waves the conflict or not. That's only part of it.

[00:04:32]>> Your honor, then if the court requires I will withdraw from representation of Miss Gala and she can go back to uh Mr. IC if it the court prefers that.

[00:04:44]>> I mean >> I I will be happy to allow you a week if you want to brief this, but it certainly sounds to me like there's a conflict.

[00:04:53]I'm not going to make a halfhazard guess here. But it certainly sounds to me like there is. And if there is, for your protection, too, I don't think you should be involved in this case. But that's my feeling if you want to brief it. But again, I don't I wasn't there. I didn't handle that case. It'd be a lot easier if I was the presiding judge on that case, but I wasn't. So, if you want to brief it, M. Schlussell, I don't want to deny her who she wants to represent her, but I have to. I have to when there's a conflict here. So, if you want to brief it, I'll give you a few days, but I got but but I do want to move this along. Do you want to brief it and tell me why there's no conflict and the prosecutor can file a brief and they can um provide excerpts? Do you have the transcript yet, Miss Kahalen?

[00:05:46]>> No, we don't, your honor. We're waiting on one. I've Yeah, I've been request it.

[00:05:51]>> Your honor, given the statements that have been made by Ms. Cahalen and the court, even though I dispute what Ms. Cahillen is saying I don't want to create any issues for myself or more importantly for Ms. Calgar. So I will withdraw my representation and she I believe will want to seek a courtapp appointed or another council.

[00:06:15]>> I want to be clear. I'm only saying at this point it certainly sounds like there's a conflict of interest.

[00:06:24]If you if you think differently, you can file a brief. If you don't think differently or at least feel that it's in the best interest of Ms. Calgar for you to withdraw, then that's certainly your prerogative.

[00:06:42]I'm going to let you go into a breakout room, I think, and discuss it with Ms. Calgar, and then you can come back and tell me which of the options you choose.

[00:06:51]And if you do do choose to withdraw, then we're going to go back and have Mr. Ganek, I think, reappointed on this, Lisa. Okay.

[00:07:00]>> So, why don't you take a few minutes and talk to Ms. Cowgar, and then you can come back in and tell me what your position is. Okay.

[00:07:07]>> Okay. Thank you.

[00:07:08]>> Thank you.

[00:07:09]>> Thank you.

[00:07:09]>> Do you have another case here, Miss Gaylin, or just this one?

[00:07:12]>> Just this one, your honor.

[00:07:13]>> All right. Thank you. I'll just ask you to be patient while she does that. Okay.

[00:07:17]>> Yes, of course. Thank you.

[00:07:18]>> Thank you. All right. Let's bring the lawyers in on the civil case, which I do not have, by the way. Jennifer Wiseman.

[00:07:24][music] >> Yeah. Or you do.

[00:07:26]>> I do. Oh, I do. I think I'm keep forgetting. I don't have file folders on these. Trent Associates versus Twin Bridge Enterprises, Inc.

[00:07:37]2601067.

[00:07:39]Uh, good morning, gentlemen. Mr. Harris, your appearance. Good morning, Judge Dennis Harris, P35791, appearing on behalf of Trenton Associates LP.

[00:07:51]>> And good morning, your honor. Attorney Angelo Denafo, P81836 on behalf of the defendant in the moving party in this matter.

[00:07:58]>> All right. And uh your name over there, Mr. uh we have Sean Twin Bridges. Can you tell me your name?

[00:08:06]>> Yes. Sean Freeze, Twin Bridges Enterprises.

[00:08:10]>> So guys, I read this Mr. Harris, do you agree there should be a stay?

[00:08:16]>> No, I don't, Judge. Judge, this is the funny thing about this is there is no legal basis why the defendants should be entitled to store these trailers on my client's property. They they have no lease. They have no rights. I did a 30-day termination of any right to keep that they may allege they have, but they have basically they rented the trailers to another party. The trailers got stored on our property. We terminated everybody's interest. We just want the trailers off the property.

[00:08:50]>> Why shouldn't you have to take them off, Mr. Donna Freo?

[00:08:53]>> Well, your honor, if there had been no motion for reconsideration filed by Mr. Harris's client in the pending circuit court case matter, I would certainly agree with the court. However, what happened was is that, and I put this in the motion, but I'm going to try to be brief, is that an order came down from the circuit court in that Danu Enterprises, Inc., which is one of the many entities that is owned by the same principal as Trenton Associates and another company called 1200 Sixth Street. That order said that the trailers were supposed to be emptied and returned to my client within 7 days. Mr. Harris's client in the circuit court action in which he represents that client and Daniel Enterprises Inc.'s attorneys both file motions for reconsideration staying the enforcement of that order. And frankly, your honor, if it's if it's such that they want to stay the enforcement of that order, and I think that the court would be in its in in within its power to at least grant a stay in this case because frankly, if the court if they had complied and emptied the trailers, we wouldn't be here today. But I didn't ask for a stay of that order in the circuit court. And we're talking, your honor, about a50 to $60,000 question in that if my client is forced to pay for the removal of these items from the trailer, then that's a cost that is b that has to be borne by my client rather than Dan who's already been ordered to do it. But there's the secondary issue of the liability associated with disposing of personal property that doesn't belong to my client. And the circuit court's order had resolved all of that issue. But now they've asked for a stay. both the defendants who are owned by the same principle. So, I think that the court should stay this. I I I hate to use the expression, what's good for the goose is good for the gander. But the issue is is that I didn't ask for that stay. And now I think my client would be at a severe prejudice and face liability, frankly, if he's forced to remove these trailers and remove the property that's in it in them, I should say. We're talking 44 trailers, your honor, that are 53 feet long each. And there's a lot of stuff in those trailers.

[00:10:59]And judge, so it's clear, my client doesn't care what he does with the trailers as long as they're off his property. They have no right to there's no there's no legal basis by which they have a right to keep those trailers on my property. Period. End of story. The the they they have no lease. They pay no rent. They there there's I don't care what happens to the contents of the trailers. My client doesn't care, but he has every right to say, "Get the trailers off my property."

[00:11:31]They were served with a 30-day notice to quit. That basically terminated whatever they wanted to allege they had. And they don't have a written lease. They haven't alleged a written lease. They basically have no right to store the trailers on our property. We don't care what happens to the contents. we just want the trailers off our property, which is what they stipulated to do. They've already retained, they've already got property elsewhere. They started to remove the trailers and then the circuit court acted. So, they used it as an excuse to say, "We're not going to remove them anymore. They need to get the trailers off our property," which is what they agreed to do. We were kind enough to give them 60 days to get the trailers off the property.

[00:12:20]All right. Anything else, Mr. Donafrio?

[00:12:24]>> Yes, your honor. The March 24th, 25 26 order in the circuit court, the one I keep referencing, that order actually says that Danu was ordered not only to Danu being the brother entity of the plaintiff in this case >> is supposed to not only clean the empty out those trailers at its own expense, but it's also supposed to return the trailers to my client. That's in the order. That's language in the order. But by filing a motion for reconsideration, they are now in a sense keeping the trailers. So they can't on the one hand argue, well, we want them gone, but we also want to stay enforcement of the order where we're supposed to give them back to you in the circuit court. And Mr. Harris on behalf of Trenton Associates filed the same motion for reconsideration in that circuit court case. So, with with all due respect, I think he's talking out of both sides of his mouth in that we want him gone, but we filed a motion saying we're keeping him because the court order says to give him >> Here's what I'm going to do. I'm going to enter I'm going to ask Mr. Harris, you're going to prepare an order.

[00:13:25]Defendant shall vacate on or before June 12th and plif may file an application and order for eviction on or after June the 15th. That will give you an opportunity to go to the Wayne County Circuit Court and ask the Wayne County Circuit Court judge on that vary to stay this action.

[00:13:51]So, you better get your motion in. So, I'm going to do that. If I don't have an order staying this action by June the 12th, I'm going to sign the application in order for a RID on the 15th or whenever it's presented by Mr. Harris.

[00:14:05]Okay.

[00:14:06]>> Thank you, your honor.

[00:14:09]Go ahead, Mr. Harris. I'm sorry.

[00:14:10]>> Just so I'm clear. So, the order shall state the trailer shall be removed by June 12th, and if not, an order to evict can issue on June 15th.

[00:14:19]>> Correct.

[00:14:20]>> Okay. Thank you, judge.

[00:14:21]>> Submit that over here, gentlemen, and uh have a good day. Thank you very much.

[00:14:26]>> Thank you, honor. Mr. Freeze, I'll talk to you after.

[00:14:28]>> Thank you.

[00:14:31][music] All right. Do I have uh Ms. Schlussel? Miss Schlussell. Okay, I want uh Miss uh there you are. Stephanie Nicole Calgar 26B719107.

[00:14:44]Miss Schlussell, your name?

[00:14:47]>> Deborah Schlussell.

[00:14:49]>> Miss Calgar, your name?

[00:14:51]>> Stephanie Calgar.

[00:14:52]>> And Miss Cahalen.

[00:14:54]>> Claire Cahalen.

[00:14:56]>> All right. Miss Schlussell, what have you decided to do?

[00:15:00]Your honor, after con uh discussing this with Miss Cowgger, she has decided and we have mutually decided that I will withdraw as her attorney and she would like to go back to Mr. Ganic if that is possible.

[00:15:15]>> And you agree to that, Miss Kgar?

[00:15:18]>> Yes, your honor.

[00:15:19]>> All right. So, I'm going to go ahead and grant that request. I'm going to ask you, Mitch. Schlussell, to admit to submit a stipen order, and you should CC the the prosecutor on that indicating that you are uh that the two of you mutually agree that you will withdraw as her attorney in this action and then I will reappoint Mr. Ganick. Can you get me in that get that into me today, please?

[00:15:44]>> Your honor, I am in court all day and I'm in La.

[00:15:47]>> Can you get it to me tomorrow?

[00:15:49]>> Yes, absolutely. Maybe even tonight.

[00:15:51]Okay. Uh, so we'll get that. Lisa, in the meantime, go back to MIDC and tell them that Miss Schlussell is going to withdraw and we are going to have Mr. I'm assuming they're going to have Mr. Gonic reappointed and you could just set it next week then, uh, Miss Cowgar. So, you're to be back here next week at 9:30 and we will have Mr. Next Tuesday, May the 12th, and we will have Mr. Ganick back here at that time. But again, Lisa, you're just going to have to confirm that MIGC is going to go ahead and appoint him again. Okay.

[00:16:27]>> Okay.

[00:16:28]>> Anything else, Miss Galen?

[00:16:30]>> No, your honor. That's all.

[00:16:31]>> Anything else, Miss Schlussell?

[00:16:34]>> No, your honor. Thank you.

[00:16:36]>> Anything else, Miss Calgar?

[00:16:39]>> No, your honor.

[00:16:40]>> Okay. Have a good day. We'll see you guys here next week or at least a couple of you. Thank you.

[00:16:44]>> Your honor, there is actually your honor.

[00:16:47]>> What? There's one quick thing I wanted to ask the court. So, it's a it's a technical issue. Ms. Calgary was given a map of where she's not to go, and that map is in Colorado. Um >> Oh, hang on. Hang on.

[00:17:05]Map of where she's not to go.

[00:17:07]>> Yes. So, pursuant to the tether that she has, she's not allowed to go anywhere near the complaining witness. And >> does the complaining witness live in Colorado.

[00:17:18]>> No, your honor. Um, your honor, I've been in touch with the officer in charge on this case, the OIC, and he has a contact for me to be able to talk to the tether unit to get that figured out.

[00:17:30]>> Detective Morrison, are you on this?

[00:17:36]>> Your start your video, please, and tell me your name.

[00:17:40]>> Detective Sergeant Morrison, Brownstone Police Department.

[00:17:43]>> So, tell me what's going on. I don't understand. I just ordered not to be released until fitted with a GPS tether, not to be within 2 miles of the victim, her residence, or place of employment. I don't understand what what in the world Colorado has to do with this.

[00:17:58]>> Nothing. I don't think anyone knows, your honor.

[00:18:02]>> Well, did the tether unit say she can't go to Colorado? Set it like that.

[00:18:07]>> That's what we're being told.

[00:18:09]>> Yeah.

[00:18:10]>> Is that true, Miss Schlussell?

[00:18:12]>> Yes, your honor. I've looked at the map.

[00:18:13]It features a freeway or a highway that's an interstate in Colorado that does not >> listen. This is what we'll do, Lisa.

[00:18:20]Send the commitment or the minimus back to the tether unit and tell them to check into that and and highlight my my previous order on the minimus that we sent them and ask that they figure it out. But don't let she shouldn't go to Colorado or any other place until we get this resolved.

[00:18:44]She's not planning to go to Colorado, right?

[00:18:47]>> No, your honor, the reason I bring it up is that you ordered her not to be within 2 miles of the complaining witness. She does not want to violate that. And so if the Colorado map is not correct, we would like to know where it is she's not supposed to go so that she does not violate unknowingly. Where does the victim reside? Do we know that?

[00:19:12]>> I do know that, your honor.

[00:19:14]>> I would not like to say exactly where she lives.

[00:19:17]>> I get it. Um, >> look, [clears throat] >> is is it possible to say the city?

[00:19:29]>> You want me to proceed? I I I will let's let's just >> let me just have them send it back to Mimus and M. Cahalen, you and Detective Morrison, I'm going to ask you to figure this out and talk to the tether unit.

[00:19:44]>> And unless the victim's in Colorado, that's silly, but uh it doesn't sound like she is. So, Miss Kgar, let me just check something.

[00:20:04]Unless somebody can think of some can think of something else I can do to resolve this.

[00:20:10]>> I don't I have a contact at the tether unit. I'll get a hold of them.

[00:20:13]>> Okay.

[00:20:14]>> And send it all over.

[00:20:14]>> Talk to Sergeant Morrison and the and the APA and make sure that's taken care of. Will you please as soon as you can, Lisa?

[00:20:21]>> Yep. I'll take care of it.

[00:20:23]>> Thank you very much. I'll see you next week. Miss Kgar, >> a conflict [music] of interest makes the council step down while 44 trailers [music] are stuck in the town.

[00:20:39]A circuit [music] court stay and an order to clear. [music] The eviction is [singing] looming as the deadline draws near.

[00:20:51]Strap [music] on the tether.

[00:20:54]But where do you go?

[00:20:57]The map [music] says you're banned from the Colorado snow.

[00:21:03]Lost in [music] a maze where the compass just fades away.