Mar 6, 2018

"I don't expect there to be ANY delay"; Judge Cribbs grants defense motion in Kitchen case

Mr. Patrik Griego and Mr. Benjamin Okin filed a motion to withdraw as Marci Kitchen's attorneys.



A hearing on that motion was scheduled this morning before Judge Graham Cribbs. He granted that motion after hearing from the defense, the prosecution and Conflict Counsel Supervising Attorney Ms. Meagan O' Connell. The Conflict Counsel's office was appointed today.

Ms. O' Connell asked for a date in April, in case she needs additional experts. Next court hearing is a pre trial April 11 at 8:30 a.m.

Judge Cribbs told Mr. Okin,"Don't shake your head". This was to Mr. Okin while Deputy District Attorney Stacey Eads was speaking.



"I don't expect there to be any delay," said Judge Cribbs directing his remarks to Kitchen, her present attorneys and Mr. Griego and Mr. Okin.

Ms. Eads stated the People's opposition to today's motion before Judge Cribbs' ruling. Judge Cribbs said, "I have heard what Madame prosecutor has said."

"Ms. Kitchen posted a significant bail bond," said Ms. Eads. "She engaged in international travel. It is obvious she has not prioritized this trial."

Citing the turnover at the Public Defender's office and the caseload facing Conflict Counsel, Ms. Eads expressed concern that the new attorney would be trial. She asked if Conflict Counsel couldnot be ready in May, when the trial is scheduled, that Mr. Griego be court appointed to represent Kitchen.

From codes.findlaw.com:
The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination, as follows:
1. Upon the consent of both client and attorney, filed with the clerk, or entered upon the minutes;
2. Upon the order of the court, upon the application of either client or attorney, after notice from one to the other.

Related link:

February 28 post:

On 2/28, a motion was filed by both attorneys in the Marci Kitchen's case to "leave or withdraw as attorney of record per CCP 284. A hearing on that motion is scheduled for March 6 at 8:30 a.m. in Courtroom 2.

I just confirmed and spoke with Mr. Patrik Griego. He told me, "withdrawing will not cause delay of trial date. It is 3 months before trial and the experts are available on date set. "

This is a statement provided by Mr. Griego, after we spoke:

Both Mr. Griego and Mr. Okin have worked without compensation well beyond their legal contract , 2. It was anticipated that funds would be available to retain Counsel for trial but due to a change in circumstances Ms. Kitchen cannot afford to retain counsel for purposes of trial, 3. Counsel are withdrawing now to allow sufficient time for appointed counsel to prepare given that this filing comes close to three month before trial.  4.  Both Mr. Griego and Mr. Okin strongly believe in Ms. Kitchen and her case and have agreed to work to assist appointed counsel to ensure that matter can proceed as scheduled.

Previous post:
https://johnchiv.blogspot.com/2018/02/marci-kitchen-attorney-files-motion-to.html?m=1

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