Weis lawyers reinstated; judge keeps murder case
The death penalty case against Jamie Ryan Weis is expected to move forward with the reinstatement of Atlanta attorneys Thomas West and Robert Citronberg as his counsel. A motion to recuse Judge Johnnie Caldwell in the case was denied.
Weis is charged with murder in connection with the Feb. 2, 2006, death of Williamson resident Catherine King.
After a day-long hearing Feb. 11, Towaliga Circuit Court Judge Thomas Wilson, a designated judge for the civil hearing, dismissed a mandamus which sought to compel the court to reappoint the attorneys to the case because Judge Caldwell had already reinstated them. He said they are reappointed and testimony showed there was an oral contract in place with the Georgia Public Defender Standards Council, which oversees payment of public defenders.
He also denied a motion filed on behalf of Weis by Atlanta lawyers Edward T.M. Garland, Donald F. Samuel and Stephen B. Bright to recuse Caldwell from the case filed, stating there was no merit for recusal.
The motion sought Caldwell's removal due to his Nov. 26, 2007, removal of West and Citronberg as Weis' counsel based on funding concerns. They were contracted in 2006 by former GPDSC director Michael Mears to handle the case and had spent more than a year working on it. They were paid while he was director.
Mack Crawford became director in July, 2007. Crawford testified at the November hearing he sent West and Citronberg a letter asking for a budget on the case and stating future claims would not be processed until they had a signed contract. They submitted a budget days after getting the letter.
Even with a contract, Crawford said he could not ensure funds would be available. Caldwell appointed state paid circuit public defenders Joe Saia and Tammy Jacobs to head the defense.
Capital case budgets had to have approval from the GPDSC, which was to meet four days after the Nov. 26, 2007 hearing. Crawford did not submit West and Citronberg's budget after their removal from the case.
In the weeks that followed, Saia and Jacobs filed motions to be removed from the case, citing a lack and time and resources.
Garland, Samuel and Bright filed a lawsuit Feb. 7, 2008, over Caldwell's decision and sought to restore West and Citronberg to the Weis case.
In an April 25, 2008, hearing West and Citronberg were reinstated as Weis' counsel. They were to secure their contract with Crawford's office and be ready for court in January. However, a Jan. 5 status conference revealed West and Citronberg had no written contract with Crawford's office after their submission of a $255,000 budget.
Bright said at the January status conference the lack of a contract "happened for one reason and one reason only – Mack Crawford." He contended Weis still had no legal representation.
However, last week Judge Wilson said Crawford couldn't override contracts in place when he came on board, referring to the verbal arrangement between the attorneys and former director Mears.
Crawford agreed they would be under contract if reinstated, but he said there would be some modifications of the hourly rate and the consideration of HB1245, which requires the county's help in payment of cases over $150,000.
"If they sent a bill to you today, would you pay it?" Judge Wilson asked Crawford.
"It depends on the funds available," Crawford replied, adding the attorneys' pay requests would be subject to the capital defenders office approval. "I think counsel has an obligation to be paid, but I can't tell you if a bill is submitted, it will be paid tomorrow."
"It's settled. It's over with. There's no need to go on and on," said attorney Alan Connell, who represented Caldwell.
After the hearing, West and Citronberg spoke briefly to Weis, who was seated at the defense table, before he was led away.
"We're back on the case. There are still some questions about (payment) for experts and attorneys fees. The court assures us we have a contract. Everyone here thinks we have a contract. We'll see how it's enforced," West said as he left the courtroom.
After a day-long hearing Feb. 11, Towaliga Circuit Court Judge Thomas Wilson, a designated judge for the civil hearing, dismissed a mandamus which sought to compel the court to reappoint the attorneys to the case because Judge Caldwell had already reinstated them. He said they are reappointed and testimony showed there was an oral contract in place with the Georgia Public Defender Standards Council, which oversees payment of public defenders.
He also denied a motion filed on behalf of Weis by Atlanta lawyers Edward T.M. Garland, Donald F. Samuel and Stephen B. Bright to recuse Caldwell from the case filed, stating there was no merit for recusal.
The motion sought Caldwell's removal due to his Nov. 26, 2007, removal of West and Citronberg as Weis' counsel based on funding concerns. They were contracted in 2006 by former GPDSC director Michael Mears to handle the case and had spent more than a year working on it. They were paid while he was director.
Mack Crawford became director in July, 2007. Crawford testified at the November hearing he sent West and Citronberg a letter asking for a budget on the case and stating future claims would not be processed until they had a signed contract. They submitted a budget days after getting the letter.
Even with a contract, Crawford said he could not ensure funds would be available. Caldwell appointed state paid circuit public defenders Joe Saia and Tammy Jacobs to head the defense.
Capital case budgets had to have approval from the GPDSC, which was to meet four days after the Nov. 26, 2007 hearing. Crawford did not submit West and Citronberg's budget after their removal from the case.
In the weeks that followed, Saia and Jacobs filed motions to be removed from the case, citing a lack and time and resources.
Garland, Samuel and Bright filed a lawsuit Feb. 7, 2008, over Caldwell's decision and sought to restore West and Citronberg to the Weis case.
In an April 25, 2008, hearing West and Citronberg were reinstated as Weis' counsel. They were to secure their contract with Crawford's office and be ready for court in January. However, a Jan. 5 status conference revealed West and Citronberg had no written contract with Crawford's office after their submission of a $255,000 budget.
Bright said at the January status conference the lack of a contract "happened for one reason and one reason only – Mack Crawford." He contended Weis still had no legal representation.
However, last week Judge Wilson said Crawford couldn't override contracts in place when he came on board, referring to the verbal arrangement between the attorneys and former director Mears.
Crawford agreed they would be under contract if reinstated, but he said there would be some modifications of the hourly rate and the consideration of HB1245, which requires the county's help in payment of cases over $150,000.
"If they sent a bill to you today, would you pay it?" Judge Wilson asked Crawford.
"It depends on the funds available," Crawford replied, adding the attorneys' pay requests would be subject to the capital defenders office approval. "I think counsel has an obligation to be paid, but I can't tell you if a bill is submitted, it will be paid tomorrow."
"It's settled. It's over with. There's no need to go on and on," said attorney Alan Connell, who represented Caldwell.
After the hearing, West and Citronberg spoke briefly to Weis, who was seated at the defense table, before he was led away.
"We're back on the case. There are still some questions about (payment) for experts and attorneys fees. The court assures us we have a contract. Everyone here thinks we have a contract. We'll see how it's enforced," West said as he left the courtroom.
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