Fulton County DA asks attorney defending YSL client to be removed from another murder case

ATLANTA — Prosecutors are trying to get an attorney kicked off a murder case because they say she told a murder suspect she wasn’t representing to hide evidence.

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Counsel for the attorney says she still had an attorney-client relationship with the defendant. The issue has caused a delay in a murder trial that was on the calendar for Monday.

“She can’t practice law,” attorney Drew Findling told Fulton County Superior Court Judge Scott McAfee.

Findling said his client’s fellow attorney Nicole Fegan is suffering professionally after prosecutors charged her with participating in criminal street gang activity and criminal solicitation to commit tampering with evidence. Police said Fegan told murder suspect Keiontay Davis to get rid of evidence on his phone.

Prosecutors said Fegan wasn’t representing Davis and had no attorney-client privilege.

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Findling disputes that.

“She actually did have an attorney-client privilege relationship,” he told the court. Findling didn’t explain how.

Fegan is representing Davis’ co-defendant Quincy Pinkey. Pinkey, Davis and two others are charged in the murder of Jaquavious Wilson last year.

Prosecutors want her off the case because of the allegations.

“It’s the state’s position that one, Ms. Fegan would be disqualified,” Assistant District Attorney Rives Hiles said.

Findling said he plans to file a motion to have the charges dismissed.

Judge McAfee said if that doesn’t happen: “She can’t sit next to her client on Monday morning.”

Findling repeatedly called out the district attorney’s office for prosecuting an attorney who is representing someone they are trying to convict. He called it a constitutional breach.

Meanwhile, the murder victim’s father sat and watched it all unfold in court.

Christopher Welch said he’s not discouraged after the judge said the trial will be delayed until all this can be worked out.

“Justice is delayed, but we still gonna push for justice,” he said.

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Fegan is also representing a defendant in the YSL case. She wasn’t in court.

Prosecutors said in court they couldn’t say much because the Anti-Corruption Unit is handling Fegan’s case.

The judge didn’t say when the case will head to trial.

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