LOS ANGELES : Judge Lists Conditions on Request by Paul Fleiss

A lawyer for Heidi Fleiss’ father may be allowed to represent him at trial, even though the attorney may have to cross-examine his client’s second daughter, whom he used to represent, a judge said Tuesday.

But U.S. District Judge Consuelo Marshall said Philip Heller must first waive his client’s right to appeal on the basis of “ineffective counsel,” an issue Paul Fleiss otherwise conceivably could raise if convicted on tax evasion and money laundering charges.

Marshall said Fleiss’ younger daughter, Shana, also would have to agree to the possibility of being cross-examined by her own lawyer, who represented her at several pre-indictment hearings.

Shana is considered the government’s key witness in the case against Fleiss and his older daughter, the convicted Hollywood madam, and has been granted immunity from prosecution.

“One (waiver) without the other won’t do it,” Marshall warned during a hearing to determine if Heller should be disqualified from representing pediatrician Paul Fleiss. The judge wants to be sure that Fleiss’ younger daughter, who prosecutors say has first-hand knowledge of the call girl ring her sister ran and of her father’s alleged role in hiding the profits from it, is giving up her right to invoke the attorney-client privilege.