Posted: Tuesday, October 22, 2013 6:30 pm | Updated: 10:31 pm, Tue Oct 22, 2013.
Defendant Richard Edwards’ actions with regard to refusing to communicate with his attorneys are detrimental to no one but himself, he was told by a judge Tuesday. Mr. Edwards, 44, is charged with felony exploitation of the elderly. The defendant allegedly took $110,000 from the life savings of a 100-year-old retired teacher.
Circuit Judge Dan Kellogg told the defendant he’d only hurt himself by not talking with the two attorneys.
The judge also heard a motion Tuesday for a continuance filed by Christopher Bowers and Robert Young. The two attorneys have filed repeated motions to withdraw from the case, and Mr. Kellogg has denied them. Mr. Bowers and Mr. Young notified the court Tuesday that prosecutor Ron Holliday had provided additional discovery on Oct. 16.
That information, from testimony given by Donnie Embrey, 46, was the opposite of what their client had told them. Mr. Embrey entered a guilty plea in September to taking about $242,000 from the victim. Both attorneys wanted more time to take depositions from Mr. Embrey and other possible witnesses.
Mr. Bowers notified the court that he’d appealed Mr. Kellogg’s previous ruling, refusing to allow the attorneys to withdraw.
“I doubt the Court of Appeals will address this issue,” Mr. Holliday said.
Attorneys Jim Nadolski and Bert Godding filed a motion to take over the case. The two veteran trial attorneys said they would defend Mr. Edwards if the court granted additional time to prepare for trial. The case is set for a jury trial to begin Nov. 4.
Mr. Nadolski and Mr. Godding also agreed to a deposition for the victim so the prosecution could preserve her testimony. But that wasn’t acceptable to Mr. Holliday.
The prosecutor reminded the court that for the first five months after the case was filed, the two attorneys and Mr. Edwards were going to plead guilty, and testify against Mr. Embrey.
Mr. Edwards confessed on two occasions, but Mr. Holliday didn’t find his testimony to be creditable. Mr. Holliday said he couldn’t accept any delay.
“I want this woman to walk right in and tell jurors how these men took her entire life savings,” Mr. Holliday said.
Unless the appellate court intervenes, the case will start at 9 a.m. Nov. 4.
Marshall White can be reached
at marshall.white@newspressnow.com. Follow him on Twitter: @SJNPWhite.
at marshall.white@newspressnow.com. Follow him on Twitter: @SJNPWhite.
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