Post by Anja Nieser on Sept 14, 2006 12:13:17 GMT -5
Butler judge sorts out attorney confusion in murder case
Troubles among attorneys and a Butler County man charged with murdering
his pregnant wife have led a judge to allow 1 lawyer to withdraw his pro
bono services.
2 other lawyers, both public defenders, will continue to represent
Jonathan Tusa despite his motion that they be fired and that he represent
himself.
The mess was ironed out during a hearing yesterday when Butler County
Judge George Hancher ordered public defenders thingy Goldinger and Charles
Nedz to give their dissatisfied client copies of court documents and meet
with him as soon as possible to discuss legal strategy.
Mr. Tusa, 26 , of Penn, is charged with criminal homicide and homicide of
an unborn child. He is accused of shooting his newlywed wife, 21-year-old
Dawn Giza Tusa on Dec. 13, 2004. She was pregnant. They had married June
25, 2004.
According to previous court testimony, Mrs. Tusa was trying to leave their
home about 3 a.m. after arguing with her husband because he had consumed
alcohol and cocaine at a party that evening.
Mr. Tusa told authorities he fired the bullet that killed her but had been
aiming at the tires of the car she was driving.
Though Mr. Tusa was given court-appointed attorneys, David DeFazio of
Butler had agreed to represent Mr. Tusa at no cost. The court had earlier
refused a request by Mr. Goldinger to pay Mr. DeFazio.
Mr. Goldinger and Mr. Nedz had previously been assigned by the court to
represent Mr. Tusa. Mr. Goldinger wanted Mr. DeFazio to focus on preparing
for the sentencing phase of the case since District Attorney Randa Clark
has announced she is seeking the death penalty for the defendant.
But, Mr. DeFazio asked the court yesterday to allow him to withdraw
because of difficulties in dealing with the public defenders.
Specifically, he said he had repeatedly requested from them copies of
certain documents and that his request was not granted.
The public defenders told the court that all documents associated with the
case were "available" to Mr. DeFazio but that they hadn't taken the step
of having the 600 or so pages copied.
As the defense attorneys tangled the past few weeks, Mr. Tusa grew
increasingly frustrated with his representation by the public defender's
office. Yesterday, he asked Judge Hancher to allow him to proceed as his
own legal counsel.
Mr. Tusa complained that his attorneys weren't communicating with him, had
failed to provide copies of court transcripts despite repeated requests,
and hadn't filed a variety of legal motions that he believes should be
filed. His attorneys said they would give him whatever documents he wants.
Judge Hancher denied Mr. Tusa's request and told the public defenders to
produce the documents Mr. Tusa wanted within 24 hours.
Jury selection is scheduled for Oct. 10 with trial to begin Oct. 16.
(source: Pittsburgh Post-Gazette)
Troubles among attorneys and a Butler County man charged with murdering
his pregnant wife have led a judge to allow 1 lawyer to withdraw his pro
bono services.
2 other lawyers, both public defenders, will continue to represent
Jonathan Tusa despite his motion that they be fired and that he represent
himself.
The mess was ironed out during a hearing yesterday when Butler County
Judge George Hancher ordered public defenders thingy Goldinger and Charles
Nedz to give their dissatisfied client copies of court documents and meet
with him as soon as possible to discuss legal strategy.
Mr. Tusa, 26 , of Penn, is charged with criminal homicide and homicide of
an unborn child. He is accused of shooting his newlywed wife, 21-year-old
Dawn Giza Tusa on Dec. 13, 2004. She was pregnant. They had married June
25, 2004.
According to previous court testimony, Mrs. Tusa was trying to leave their
home about 3 a.m. after arguing with her husband because he had consumed
alcohol and cocaine at a party that evening.
Mr. Tusa told authorities he fired the bullet that killed her but had been
aiming at the tires of the car she was driving.
Though Mr. Tusa was given court-appointed attorneys, David DeFazio of
Butler had agreed to represent Mr. Tusa at no cost. The court had earlier
refused a request by Mr. Goldinger to pay Mr. DeFazio.
Mr. Goldinger and Mr. Nedz had previously been assigned by the court to
represent Mr. Tusa. Mr. Goldinger wanted Mr. DeFazio to focus on preparing
for the sentencing phase of the case since District Attorney Randa Clark
has announced she is seeking the death penalty for the defendant.
But, Mr. DeFazio asked the court yesterday to allow him to withdraw
because of difficulties in dealing with the public defenders.
Specifically, he said he had repeatedly requested from them copies of
certain documents and that his request was not granted.
The public defenders told the court that all documents associated with the
case were "available" to Mr. DeFazio but that they hadn't taken the step
of having the 600 or so pages copied.
As the defense attorneys tangled the past few weeks, Mr. Tusa grew
increasingly frustrated with his representation by the public defender's
office. Yesterday, he asked Judge Hancher to allow him to proceed as his
own legal counsel.
Mr. Tusa complained that his attorneys weren't communicating with him, had
failed to provide copies of court transcripts despite repeated requests,
and hadn't filed a variety of legal motions that he believes should be
filed. His attorneys said they would give him whatever documents he wants.
Judge Hancher denied Mr. Tusa's request and told the public defenders to
produce the documents Mr. Tusa wanted within 24 hours.
Jury selection is scheduled for Oct. 10 with trial to begin Oct. 16.
(source: Pittsburgh Post-Gazette)