HELP!How Do You Fire Your Appeals Attorney and Survive

[Eldon's wife]

I have spent two weeks seething over our attorney, but have no idea what to do. The girl has had 2 months to contact, the founder of a project that could get us DNA testing, but has not done so. She made the judgement call that this project does not take DP cases. However, it was the founder, who told me to have our attorney contact him.

We are in the middle of appeals, at the moment and I do not know what will happen, if I dump the attorney that we have, now. Eldon has lost 15 years, for a crime that he did not commit and I am more and more fearful will loose his life, because we have yet another incompetent attorney. Has anyone dealt, with anything like this before?

If we fire the attorney during a stage of appeals, what happens? I have never dealt with anything like this. I need advice!


I have the following posted in another thread, my husband is an innocent man on the row.....

My husband's was the shortest death penalty trial in U.S. history to date, as far as we know. He was sentenced in Maricopa County, Arizona, by the same prosecutor, Noel Levy and with the same detectives having done the investigation, who were involved in the Ray Krone case. In less than 9 hours total, in what should have been a lengthy determination of actual guilt, Eldon was condemned to death. For 15 years, he has paid for a crime that he did not commit.

The evidence included the testimony, of a co-defendant allowed to walk on 5 years probation, on an unrelated case. And a single drop, of blood that was said to belong to the victim, who my husband supposedly had beaten silly, though he was nowhere near the guy. The other testimony came from a couple of people with serious addiction problems and a definite fear, of law enforcement.

Eldon was present at the scene, but he did not know his girlfriend, who was also the co-defendant's sister, was as well. She is the only one, in witness account's placed, near a jug of gas that was used to burn a man to death. She was never considered suspect, by police.

I spent months trying to figure out how neither Eldon or the co-defendant had gas on them, if they doused a guy in a drunken rage. Then I got the paperwork and there she was, at the scene. Her clothes were never tested. The co-defendant is the only who would have been near the victim, when everything started. He stated that he was innocent of any involvement, with the actual murder. He was believed despite evidence, showing that he was the one in the position to do the victim harm, not Eldon.


There was a witness, who could have possibly cleared my husband. He was in a fight, with my husband. You would think his blood would have been tested, as there was only one drop, on my husband’s pants. You would be wrong. He was taken into custody, it is in the paperwork, everywhere. This guy was without doubt there and taken in, to the Sheriff's Department. However, he was allowed to walk out, without so much as giving his name.



My husband was not a saint. He was a drunk Indian, on this night, but it is not, within him to murder anyone. It never was. He did not kill this man, nor did he expect anyone to die. But, the odds are always in the favor of the state, in any court.
We are currently, in the appeals process. However we are denied the investigators and mitigation specialists that we desperately need. We fight the state of Arizona, who has millions at their disposal. Krone walked away, in 2002 a free man, having proved that Levy and the cops were all guilty of misconduct, in his case and that the experts, who did the forensic work twisted their testimony, in favor of the state.

You tell me should my husband be on the row, after less than 9 hours in court. Should he pay, for a crime that he did not commit?


Should my husband die?
Last edited by Eldon's wife : 08-29-2005 at 02:22 AM.

[softheart]

I have read the story about your husband and I think it is terrible.

I don't know anything about the legal part of it. But I do think you can fire the attorney and another attorney steps in where the last one left off.
Is this a private attorney or a PD?

Have you contacted any of the innocent projects to see if they can help?

softie

[Ness]

I dont know much about the laws over there, but I do wish you and Eldon the best of luck with his appeals and you are in my thoughts and prayers.

[MAGNA]

Im sorry for all your pain but there is nothing God can not do. He will remove this big mountain before you ...this is my prayer !! Follow your instinct but weigh the consequences carefully !!!

[THE NIKE]

go out there doll. and bang on as many doors as you can .till someone listen to you and your lawyer .. scream at the top of your voice if youy have to ..
good luck to ya.........

[marcole6]

Wow, that is some story and just one more tragic example of why we shouldn't have the death penalty. To think the entire thing was nine hours really blows me away! In my area, we can spend an entire week picking a jury sometimes. Your husband deserved a lot better than what he got. I'm not sure about firing an appeals lawyer if it is one appointed by the court. I'm from Ca. so it could be different. I know in the trial level here, a defendant can file a "marsden motion" to fire a court appointed lawyer. It is a closed hearing and the defendant has to show the court how and why the attorney has not done their job. Your husband deserves justice not death!!! I wish you all the luck in the world.

[one_luv]

Although I am not a law buff, I have dealt with my husband's appeals, (although not DR) and was involved in an Innocene Project as a student. This is what I know: There is a deadline to file each certain appeal. You or your husband should be able to find out what that deadline is. If there is enough time, he can request a new attorney. In my husband's case, if he missed the deadline to file, regardless of the reason, he was S-O-L.

Are you referring to an Innocent Project? Since they get so many inquiries, they will usually only go through the attorneys when taking on a new case, although they take initial information from family. Most have lengthy forms that need to be filed out by a family member or prisoner. Contact them yourself and see what the process is; it should be fairly standard.

I would also contact any pro bono organization that you can. It would be helpful if you had a copy of the most recent brief that was filed on his behalf. This will give the organization an idea about the merits in your husbands case.

I wish you the best. We are all rooting for you and your hubby.

[Waitn4mymail]

Please know my thoughts and prayers are with you and your husband. God Bless you both.

[spawgan]

I cannot speak to other states law as I practice in Texas. However, in Texas, once someone appears in a case, they are considered the attorney of record until and unless the Court allows another attorney to substitute in for the original attorney. You may always hire your own attorney and he can move to susbsitute in for the original attorney. The attorney can also apply for extensions of time on deadlines.

If this attorney is refusing to do their job, you need to get someone who will. A mans life is at stake and you cant afford to just wait and see and file the complaint after it is to late.

[seansgram]

Hun, I would definitely listen to" spawgan" do not wait a moment, get busy now and have another attorney take over. Hope all goes well for you and your husband.

[Eldon's wife]

A project heard us and our Christmas present became a full investigation, as should have been done a long time ago. We now need all the prayer that we can get. We have a chance at our miracle.........

Happy Holidays!

[PattiD1157]

Hon you post just gave me chills!! It's been awhile since we have talked. I will keep a constant prayer vigil going that justice comes to Eldon!!! Miracles to come true....we just have to have faith and I know that you do. Believe in the stronger power of God....I pray that your chance at a miracle does come through for you and your husband.
Happy Holidays!!

[Waitn4mymail]

Sending many thoughts and prayers your way. This is awesome news!