Opinion
Case No.: 2:09-cr-75-FtM-29SPC.
June 4, 2010
ORDER
This matter comes before the Court on the Defendant's Motion to Dismiss Counsel, Appoint New Counsel and Be Named as Co-Counsel (Doc. #248) filed on May 20, 2010 and Defense Counsel's Emergency Motion to Withdraw As Attorney for Defendant, Robert Powner (Doc. #253) filed on June 1, 2010. Based upon the status of the case, the Court held a hearing regarding the Defendant and Defense Counsel's request. Counsel, Richard Lakeman, Esq., and the Defendant, Robert Powner, were present for the hearing. The Government was represented by Jesus Casas, Assistant United States Attorney.
After hearing the arguments of Counsel and testimony from the Defendant, the Court finds the attorney-client relationship has been irretrievably broken and cannot be resurrected where meaningful representation would be possible. Therefore, the Court will deny the Defendant's Motion as moot and grant the Emergency Motion to Withdraw as outlined below.
Accordingly, it is now
ORDERED:
(1) The Defendant's Motion to Dismiss Counsel, Appoint New Counsel and Be Named as Co-Counsel (Doc. #248) is DENIED as moot. Defendant's request to be named Co-Counsel is DENIED.
(2) Emergency Motion to Withdraw As Attorney for Defendant, Robert Powner (Doc. #253) is GRANTED.
(3) The Clerk is directed to appoint Counsel from the CJA Panel to represent the Defendant.
The case remains on the June trial term.
DONE AND ORDERED at Fort Myers, Florida.