Post by CCADP on Aug 25, 2005 9:48:32 GMT -5
A day before jury selection begins in a capital murder case, Jamarcus
Warren's defense counsel withdrew as 2nd-chair representation because of a
conflict of interest.
About 800 Smith County citizens have been summoned to the courthouse
Thursday for jury selection in Warren's death penalty case. The
29-year-old is accused of ordering the death of Shaun Pickens on Jan. 15,
2004.
The lead counsel for Warren is F.R. "Buck" Files Jr. Second-chair attorney
Richard Kennedy filed a motion to withdraw as Warren's counsel because he
briefly represented a man during a grand jury proceeding in which the
grand jury was deciding whether to indict Warren on the capital murder
charge. Kennedy was appointed to represent Lester Owens for a short time
before Owens was to testify.
Kennedy did not foresee that he would represent Warren and now, Owens is
on the state's witness list and will likely be called to testify in
Warren's trial. The attorney could not cross-examine Owens regarding what
he may have learned during the grand jury proceeding, which could be
detrimental to Warren's case, and continuing as his attorney would have
the appearance of impropriety, Kennedy's motion states.
Judge Skeen, of the 241st District Court, granted Kennedy's motion for
withdrawal. He will have to appoint a new attorney to represent Warren as
2nd-chair counsel.
Files, Smith County District Attorney Matt Bingham and First Assistant DA
April Sikes will continue with group jury selection on Thursday.
Individual questioning of remaining potential jurors was moved back from
Sept. 6 to Sept. 19. Warren's trial was scheduled to begin Oct. 3 but has
been delayed to Oct. 17 to allow the new attorney to get caught up on the
case.
Warren faces the death penalty or life in prison if convicted of capital
murder.
The defendant was set to go to trial when a mistrial was granted in March
after his Houston attorney was taken to a Travis County detoxification
center for failing to appear in court during jury selection. Seven jurors
were selected for trial when Skeen granted a motion for withdrawal by
Warren's hired attorney, Shawn Roberts, who was repeatedly late for
hearings and was a no-show on occasion until Skeen ordered he be taken
into custody and brought to court.
Warren was on the lam for about 7 months before he was caught in Houston
by U.S. marshals. He is also linked to a 2001 bank robbery in Tyler and a
2004 ordered killing of a 2nd man in Gregg County, officials have said.
Co-defendants Bryson Carey and Stefany Campos have both agreed to plead
guilty and testify against their alleged gang leader, Warren, who
officials believe ordered co-defendant Cornet "Pokey" Meekins to carry out
the murder.
Pickens was shot in the head and left inside a vehicle off County Road
2209. They allegedly belong to a street gang called the Chapel Hill Hoover
Five Deuce Crips, allegedly headed by Warren.
(source: Tyler Morning Telegraph)
Warren's defense counsel withdrew as 2nd-chair representation because of a
conflict of interest.
About 800 Smith County citizens have been summoned to the courthouse
Thursday for jury selection in Warren's death penalty case. The
29-year-old is accused of ordering the death of Shaun Pickens on Jan. 15,
2004.
The lead counsel for Warren is F.R. "Buck" Files Jr. Second-chair attorney
Richard Kennedy filed a motion to withdraw as Warren's counsel because he
briefly represented a man during a grand jury proceeding in which the
grand jury was deciding whether to indict Warren on the capital murder
charge. Kennedy was appointed to represent Lester Owens for a short time
before Owens was to testify.
Kennedy did not foresee that he would represent Warren and now, Owens is
on the state's witness list and will likely be called to testify in
Warren's trial. The attorney could not cross-examine Owens regarding what
he may have learned during the grand jury proceeding, which could be
detrimental to Warren's case, and continuing as his attorney would have
the appearance of impropriety, Kennedy's motion states.
Judge Skeen, of the 241st District Court, granted Kennedy's motion for
withdrawal. He will have to appoint a new attorney to represent Warren as
2nd-chair counsel.
Files, Smith County District Attorney Matt Bingham and First Assistant DA
April Sikes will continue with group jury selection on Thursday.
Individual questioning of remaining potential jurors was moved back from
Sept. 6 to Sept. 19. Warren's trial was scheduled to begin Oct. 3 but has
been delayed to Oct. 17 to allow the new attorney to get caught up on the
case.
Warren faces the death penalty or life in prison if convicted of capital
murder.
The defendant was set to go to trial when a mistrial was granted in March
after his Houston attorney was taken to a Travis County detoxification
center for failing to appear in court during jury selection. Seven jurors
were selected for trial when Skeen granted a motion for withdrawal by
Warren's hired attorney, Shawn Roberts, who was repeatedly late for
hearings and was a no-show on occasion until Skeen ordered he be taken
into custody and brought to court.
Warren was on the lam for about 7 months before he was caught in Houston
by U.S. marshals. He is also linked to a 2001 bank robbery in Tyler and a
2004 ordered killing of a 2nd man in Gregg County, officials have said.
Co-defendants Bryson Carey and Stefany Campos have both agreed to plead
guilty and testify against their alleged gang leader, Warren, who
officials believe ordered co-defendant Cornet "Pokey" Meekins to carry out
the murder.
Pickens was shot in the head and left inside a vehicle off County Road
2209. They allegedly belong to a street gang called the Chapel Hill Hoover
Five Deuce Crips, allegedly headed by Warren.
(source: Tyler Morning Telegraph)