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Sunday, September 17, 2006
Courts - "Defense prepares amid public anger"
The Cincinnati Enquirer has a good story today by Chuck Martin on several of the attorneys defending a couple charged with killing their foster chilld. This is a high-profile case in Cincinnati, a side-bar to the story has links to over a dozen prior stories. Some quotes from today's story:
When their phones rang late that afternoon nearly three weeks ago, attorneys Scott Rubenstein and Adam Bleile had no idea how potentially life-changing the calls would be.A side-bar details attorney fees:It was Aug. 29, and the call for Rubenstein was from a judge's office, asking him to defend David J. Carroll Jr. For Bleile, the message came from a woman at the Hamilton County Jail, asking him to defend her daughter, Liz Carroll.
The next day, under the glare of TV cameras, Rubenstein and Bleile stood by their husband-and-wife clients in Hamilton County Court as they were arraigned on charges they killed their foster child, 3-year-old Marcus Fiesel. Now, the attorneys have the unenviable task of preparing a defense for the couple.
The court appointed Rubenstein, 33, to represent David J. Carroll Jr. in Hamilton and Clermont counties. Liz Carroll's family hired Bleile, 36, to defend her in Hamilton County.
Two other attorneys are also representing the Carrolls. Stephen Wenke will assist Rubenstein in David Carroll's defense, and on Friday, a judge appointed Donald Weber to represent Liz Carroll in Clermont County.
Wenke failed to return phone calls for this story, and Weber had little to say after his court appointment.
Rubenstein and Bleile have stood by the Carrolls longer than any other attorney. While some speculate this high-profile case might define the careers of the young attorneys, each denies that publicity was a motive in agreeing to defend the clients.
"As difficult as this job is going to be, somebody's got to do it," says Rubenstein, a downtown criminal defense attorney who routinely takes court-appointed cases. "Somebody has to make sure these people's rights are going to be respected."
"Justice demands adequate representation for all," says Louis Bilionis, dean of the University of Cincinnati College of Law. "But for (their) effort, we could not have a system we could believe in."
The evidence against the Carrolls appears overwhelming. Like none other in recent history, the case has caused widespread sympathy for the victim and rage against the suspects.
In Clermont County, each attorney appointed by the judges to represent Liz or David J. Carroll Jr. will be paid $50 an hour for appearances in the Court of Common Pleas and $40 an hour for work outside the Batavia courtroom. Fees are capped at $5,000 per lawyer, although a judge can allow for more under extraordinary circumstances.The state of Ohio is expected to reimburse Clermont County for about 28 percent of the legal fees, up to $5,000. The money for Clermont's share comes out of the county general fund.
In Hamilton County, private attorney Scott Rubenstein has taken David Carroll's case on behalf of the Hamilton County Public Defender's Office because Carroll cannot afford representation. That office will pay for any experts Rubenstein needs to defend his client. Rubenstein will receive $45 an hour for all work on the case in and out of court.
Posted by Marcia Oddi on September 17, 2006 10:16 AM
Posted to Courts in general