Pay Dispute Prompts Defenders to Withdraw From Fatal Arson Case

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Pay Dispute Prompts Defenders to Withdraw From Fatal Arson Case

Posted Jul 8, 2008, 06:46 am CDT
By Molly McDonough

The appointed lawyers for a man accused of setting a fire that killed his wife and son are withdrawing from a case in which costs continue to mount.

The lawyers—Zaki Ali and Joseph Cleary—say Madison County, Ind., officials have refused to pay the $95,000 needed to defend Rex David Delph, who is set for trial in October.

A main issue is the cost of experts to review evidence and testify at trial, the Anderson Herald Bulletin reports.

Last month, Madison Circuit Court Judge Fredrick Spencer reportedly asked the two lawyers to withdraw from the case if they couldn't reach an agreement with the Madison County Public Defender Board to lower defense costs.

The paper cites letters and e-mail excerpts filed in court in which Ali and Cleary, who have represented Delph for four years at a cost of $150,000, say the man's right to a fair trial is at risk.

“With all due respect, requesting that we negotiate something with the Public Defender Board is essentially a request that we compromise Mr. Delph’s right to effective assistance of counsel,” the attorneys write. “I think you would agree our two-week estimate for trial is reasonable. We do not see any way to negotiate as to that."

The lawyers also objected to being forced to "negotiate to accept some type of limitation on our ability to prepare for a trial."

"Our current hourly fee, $65/hour, is essentially as low as it can go," the lawyers argued.

The paper notes that the Public Defender Board's annual budget is $300,000.

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