I proposed something similar to my attorneys earlier today.  Good to know.  Thank you.

Sent from my Verizon, Samsung Galaxy smartphone

-------- Original message --------
From: "John Ingros - jingros at verizon.net" <chiefdefenders@pdap.simplelists.com>
Date: 1/23/21 3:17 PM (GMT-05:00)
To: chiefdefenders@pdap.simplelists.com
Subject: [EXTERNAL] - Re: Conflict Question

EXTERNAL: Do not click links or open attachments unless you recognize the sender and know the content is safe.

About a decade ago co-counsel and myself faced a nearly identical situation in a murder trial. Our office investigator at that time was a burly, retired PSP detective, and we decided to pay him to sit between the defendant and ourselves at the defense table. The jury assumed he was part of the defense team. The client apparently lost his nerve and decided any courtroom antics wouldn't end in his favor.

-----Original Message-----
From: Schenker, Nathan M. <nschenker@chesco.org>
To: 'chiefdefenders@pdap.simplelists.com' <chiefdefenders@pdap.simplelists.com>
Sent: Sat, Jan 23, 2021 2:53 pm
Subject: Conflict Question

We have a unique situation where I  would appreciate some input.

Murder client is scheduled for trial next month. He is very aggressive and threatening, fights at prison, acting out,  etc.

Client sends a complaint to the D Board. In his complaint he states, in effect, that if the D-Board does not give him new counsel he intends to assault his attorneys so the Court will have to give him other lawyers. Based on history we take this as a credible threat.

We have not found any clear case law as to how to proceed in the face of the threat. We believe that this threat is not privileged since he sent it to a third party.

So ... Petition to withdraw? (not likely to be granted) What is our obligation to not have the Court know negative information about the defendant? If we can come up with security measures that don't make the defendant look more guilty or dangerous, can the client object?

Most of the case law deals with after the assault occurs. I would like to avoid that!

Any suggestions or direction would be much appreciated.

Nathan

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