Could Attorney Drop Peterson For Pop Star?
Defense Attorney Says Michael
Jackson's Money Could Play A Part In Decision
November 19, 2003
MODESTO, Calif. -- The recent developments that have Michael Jackson facing possible molestation charges could also have an impact on Scott Peterson's impending murder trial.
It was announced Wednesday that Peterson's attorney, Mark Geragos, is now representing Jackson, but Geragos did not comment on how taking on Jackson as a client could affect his status as Peterson's lead attorney.
Noted Sacramento defense attorney and former federal prosecutor Don Heller said Wednesday that Geragos' move could be the first step in possibly leaving Peterson's defense team, especially given Jackson's financial situation.
"If Jackson comes in with a bigger retainer, at this point, he could bail out of Peterson," Heller said.
The reason -- Heller explained -- is that most attorney's fees are set in such a way that after a preliminary hearing and before arraignment, the attorney can withdraw his services.
If Geragos were to step down, that could lead to months of delays as a new counsel is sought for Peterson. And Heller believes that if Geragos continues to represent Jackson throughout Peterson's trial, it could give Peterson grounds for an appeal.
"What could be the issue is that Geragos is handling both and could be spending more time than he should on the other case, and it goes to trial, and he gets convicted. Then he (Peterson) can claim ineffective assistance of counsel, saying he's devoting all his time to someone else, therefore, denying Peterson his Sixth Amendment right to effective assistance of counsel," Heller said.
If that hypothetical situation should arise.... {snip}
...that could be grounds to overturn any conviction, according top Heller.
KCRA sought comment from Geragos, co-counsel Kirk McAllister and the Stanislaus County District Attorney's Office,but.....had not received any returned phone calls.
http://www.thekcrachannel.com/news/2650714/detail.html