Convicted felon Robert Cullen was in court today on four cases. He has a jury trial scheduled for June 21.
Mr. Michael Acosta is Cullen's attorney. Deputy District Attorney Jane Mackie was in court for the People.
Ms. Mackie said the People confirm for trial but she made an oral motion to disqualify Mr. Acosta saying that he had a conflict of interest because in another case "the same prosecuting agency is prosecuting counsel."
Judge Timothy Canning denied the oral motion without prejudice and asked the People to file a written motion to give Mr. Acosta a chance to respond.
Mr. Acosta asked Judge Canning to appoint independent counsel for Cullen to advise him of any potential for conflict of interest so Cullen could decide if he wanted to waive conflict or not. "Otherwise, I cannot confirm for trial."
Judge Canning appointed the Public Defender's office for the sole purpose of advising Cullen about any potential conflict of interest.
Trial confirmation was continued to June 15. Whether there is a determination of conflict will be addressed on that day.
6/15: Mr. Acosta checked case law himself and declared a conflict. Deputy Public Defender David Celli accepted appointment for his office. Time waiver was entered and withdrawn.
June 21 trial date was vacated. Trial confirmation is on July 19; jury trial August 2.
7/19: Trial confirmation was continued to 7/28. Mr. Celli has not received discovery from Cullen's former attorney, Mr. Acosta. Mr. Celli made a request to the DA for discovery.
7/28: Cullen has a new attorney, Ms. Christina Allbright. She got the case a day ago and requested a continuance. Trial confirmation is on 1/12; jury trial 1/24.
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https://johnchiv.blogspot.com/2021/05/acosta-no-show-for-court.html?m=1
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