Legal Ethics
Judge Removes DA’s Office From Murder Case, Cites Ethics Breach
Posted Apr 9, 2008, 11:24 am CDT
By Molly McDonough
In an unprecedented move, a Colorado district attorney's office was yanked from a death penalty case after a judge learned that one of the prosecutors had previously represented the defendant. The judge also ruled that the district attorney's office violated professional conduct rules in handling the case.
In a ruling Monday, Lincoln County, Colo., District Judge Stanley Brinkley wrote that Daniel Edwards, an attorney with the capital crimes unit for the Colorado attorney general's office, was appointed special district attorney by the office of Carol Chambers to work on the trial of prison inmate Alejandro Perez, the Denver Post reports.
Perez and another inmate are accused of fatally stabbing a third inmate in 2004. Chambers' office is seeking the death penalty for both men.
The conflict reportedly stems from a 2002 murder case against Perez, in which Edwards served as defense counsel for six months.
"Mr. Edwards has literally switched sides," Brinkley wrote, the Post reports. "A web has been woven from which no fair trial can be obtained should the People continue to be represented by the present prosecutor's office and the capital crimes unit of the attorney general's office."
Chambers' office intends to appeal and noted that Edwards was only involved with the Perez case for legal matters and didn't represent him on fact issues.
Judge Brinkley ruled that a special prosecutor should be appointed.
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