John Chiv: Two year homicide case delayed because PD declares last minute conflict, Destinee Rhamy will now get a third attorney at taxpayers expense and most likely a private one

Mar 27, 2025

Two year homicide case delayed because PD declares last minute conflict, Destinee Rhamy will now get a third attorney at taxpayers expense and most likely a private one

Homicide suspect Destinee Rhamy is out of custody. She is charged with the murder of her roomate Holland Elbik. She is out of custody. The jury trial for this 2023 case was finally scheduled two years later.

Deputy District Attorney Roger Rees is the prosecutor for the case. Rhamy was previously represented by former Deputy Public Defender David Nims. He went over to the Conflict Counsel's office. Deputy Public Defender Ryan McClurg appeared on the case.

I have been the only one regularly covering this case. I added updates to my April 2024 case and those in the legal community and others who like details can check that post out for some developments like the motion to amend information and the denial of defense's Hammon/Reber motion and the People's motion to quash subpoena as being premature.

The jury trial was supposed to start on 3/24/25 when defense declared a last minute conflict. The trial was assigned to Judge Timothy Canning. On 3/25, the court minutes give you the basics of what happened. I was in court and have more details.

"When there was an original conflict check, that cleared," said Mr. McClurg. "After that there were developments in the case and I saw a conflict. The research is confidential information I am not authorized to release."

"All I can do is indicate there is a conflict here," said Mr. Rees. "I emailed David Nims in July 2024. They are seeking confidential health records of the victim. This could have been done in July 2024. I am not objecting to the conflict. I am objecting to it being done now."

Judge Canning asked if Conflict Counsel could represent Rhamy. Mr. Rees responded that Conflict Counsel represents "Mr. Hood who was on scene."

Judge Canning asked Mr. McClurg, "Why did it take so long to research, the case was filed in November 2023, here we are in March 2025?"

"The conflict involved during the investigation," said Mr. McClurg.

"The Court does not have a lot of options," said Judge Canning. This is referred to conflict panel for an attorney to represent Ms. Rhamy."

The jury trial supposed to start 3/25 was vacated. Rhamy remains on bond.

Trial setting and confirmation of counsel on 4/8.