|8/21/2020 10:53:00 AM|
Brophy disqualified as lawyer for
Mineral Point Miller Road case,
status conference on October 2
|For the past year and a half, defense attorney George Brian Brophy has represented both Alexis and Laurie Barry, the mother and daughter pair charged with causing the death of 13-year-old Selah Kaden on May 31, 2018, at 1049 Miller Road in the Town of Mineral Point. |
After Tuesday's status conference hearing, it was determined that Brophy will no longer represent either Barry in their upcoming trial(s).
At last month's status conference hearing, attorney Brophy was selected to stay on the case by representing Laurie Barry. At that same hearing, defense attorney Timothy Verhoff was called to potentially represent Alexis, as there may be a potential conflict of interest if Brophy were to represent both Barry's.
Brophy stated that the Barrys had signed conflict waivers while he represented them both. Iowa County Court Judge Margaret Kohler deemed that Brophy should not represent both Barrys.
While Brophy has agreed to be Laurie Barry's defense attorney, the potential conflict of interest was still seen by Judge Kohler and Iowa County District Attorney Matt Allen.
"The court finds that there is a potential court conflict of interest that is serious and does overcome the presumption of Laurie Barry's right to counsel choice," Kohler said. "One scenario here is that Ms Laurie Barry may be offered immunity for her testimony, which could be adverse to Alexis Barry's case. Mr. Brophy then would have a serious conflict advising Laurie Barry on any offer of settlement from the state."
"Under that scenario Mr. Brophy may be forced to withdraw from his representation of Laurie Barry, which could result in additional costs to Laurie Barry, an additional delay in the movement in the case and would be emotionally painful for the Barrys and the victims," Kohler added.
Based on that finding, Brophy was deemed disqualified from representing both Barrys going forward.
Attorney Timothy Verhoff informed Judge Kohler that he had not yet been retained and it is still unclear if he will or will not.
A status conference is scheduled for October 2, 2020 at 3 p.m.
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