|7/28/2020 2:59:00 PM|
Potential new attorney added to Mineral Point
Miller Road case, trial could go in first of the year
|A new attorney may be representing Alexis Barry, 28, in the Miller Road case. Barry and her mother Laurie are charged with causing the death of 13-year-old Selah Kaden on May 31, 2018 at their rural home at 1049 Miller Road in the Town of Mineral Point. The reckless homicide charge carries a party to a crime modifier.|
At the last status conference hearing in June, it was determined by Judge Margaret Kohler that an additional attorney may be necessary to alleviate any potential conflicts between the defendants. At Friday's status conference meeting held via Zoom, Alexis Barry was with her attorney Timothy Verhoff. Laurie Barry was represented by attorney Brian Brophy, who had represented both Barrys until this past status conference.
Verhoff stated, if he agreed to stay on, that it would be hard to have the trial this fall.
"That's why I'm here today to say I'm available but really I don't know until I see all the discovery," Verhoff said. "Given the nature of the charges, it may be something that if we're looking at trial and after the first of the year either in January or February, that's something I would be able to do. If we're looking at trial in September or October, given my current caseload schedule, I don't know that I would feel prepared to represent her in a manner that she would want to be represented."
Judge Kohler assured Verhoff that the trial wouldn't be scheduled in September or October and would occur later on. Judge Kohler also noted that she was surprised that defense attorney Brophy has agreed to stay on the case.
Brophy reminded Kohler that there has been a written contact waiver between Alexis and Laurie Barry, during his representation of both clients. While there had been no conflict, Kohler ordered Brophy that it would be best not to represent both individuals on the basis of the potential for a conflict or the possibility of a conflict arising.
"Certainly any of the potential conflicts, which you raised at the last hearing, none of those would affect anything or any of the knowledge that I believe in the past, from representing both of these individuals," Brophy said. "As such I can't see any reason for me to abandon my duty to my client, Laurie Barry."
After reviewing the complaint, attorney Verhoff stated that he is aware of potential conflict between Alexis Barry and Laurie Barry, given that they are co-defendants. He believed that there wouldn't be a ripening of a potential conflict. He also felt that if separate attorneys were ordered, he didn't see the need for an additional attorney other than Brophy
"It seems as though they are joined in what they are saying happened," Verhoff said. Each lawyer is clearly bound to represent the duties and interests of their clients, which I think Mr. Brophy and I would do. I don't see a problem with both Mr. Brophy and I being on the case separately representing our individuals."
Iowa County District Attorney Matt Allen stated that he shared in the courts concern for a potential conflict, but felt that it would be the defense attorneys call going forward with the case, with conflict waivers in place.
Judge Kohler ordered counsel to file any additional motions by August 1, with responses due by August 13. The next hearing is scheduled for August 18, 2020 at 3 p.m.
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