Judge kicks defense lawyer off attempted murder case for failing to participate
Updated: A New Orleans judge has kicked a criminal defense lawyer off an attempted murder case after he failed to show up in court on Monday and refused to participate in jury selection the next day.
Judge Nancy Miller of Jefferson Parish removed lawyer DaShawn Hayes from the case on Tuesday, citing his “intentional obstruction of progression in this case,” the New Orleans Times-Picayune reports.
Hayes told Miller he was not prepared for trial, according to the story.
Miller ordered Hayes arrested when he didn’t show up Monday for the trial of his client Desmon Stewart, accused of shooting another man during a marijuana deal. After removing Hayes from the case, Miller said she will prepare a motion to hold him in contempt of court. She also declared a mistrial.
Hayes emailed this statement to the ABA Journal on Saturday:
“I am disappointed and quite baffled by the trial judge’s decision to remove me as counsel of record for Mr. Stewart, and frankly, deeply hurt by the court’s accusation that I would intentionally obstruct the progression of a criminal matter.
“As the record would clearly reflect, I repeatedly and timely, apprised the court of my unavailability for trial on Monday. I filed a motion to continue whereby I explained the grounds for the said motion. I was not present as I had a previously scheduled court hearing in another parish.
“Additionally, prior to the court’s decision to declare a mistrial, and also in my motion to continue, I advised the court that the live testimony of two of the defendant’s expert witnesses would be needed for him to proceed to trial. Furthermore, it is their live testimony that is needed to substantiate Mr. Stewart’s defense. The trial judge insisted that we proceed to trial without the presence of our experts. As such, I advised the court that I could not competently represent my client without the testimony of the said experts as I would be providing ineffective assistance of counsel to my client.
“I do plan to contest the decision of Judge Miller by filing a supervisory writ. Additionally, I will file a motion to recuse Judge Miller. I moved for the same on Tuesday, but Judge Miller denied the motion, then subsequently gave me two weeks to file the same.”
Hat tip to the Marshall Project.
Updated on Feb. 1 to add Hayes’ statement.
