Published September 05, 2008 11:56 pm -
DeLazaro assigned new attorney in drug case
Former attorney withdrew from case due to ‘irreconcilable differences’
By MATT MILNER Courier staff writer
DES MOINES — One of the defendants from July’s drug busts has a new attorney with an international résumé.
Rafael DeLazaro, 37, broke with his court-appointed attorney over disagreements about how to handle the case. A filing by Patrick Payton, DeLazaro’s former attorney, asked permission to withdraw from the case and cited disputes over “the handling and strategy in the pursuit of this case,” and “irreconcilable differences.”
DeLazaro faces a charge of conspiracy to distribute narcotics, as do the other nine defendants in the case. He was released from custody pending the trial, though there are restrictions on his activities.
Magistrate Judge Ross Walters approved both Payton’s request to withdraw and DeLazaro’s request for the appointment of Angela Campbell as his new attorney during a hearing in Des Moines. Campbell is known for her work representing four people detained at Guantanamo Bay in Cuba.
The hearing involved the prosecutor’s removal from the courtroom at the request of the judge. That’s not surprising given that the dispute between DeLazaro and Payton focused on trial strategy. Such discussions between a defendant and his attorney are generally protected, even from the judge. But in this case the judge had to assess whether the disagreements were serious enough to warrant the attorney’s withdrawal.
DeLazaro read a statement to the court during the hearing. The details of that statement are not available, though he is thought to have criticized Payton’s approach to witnesses and evidence.
The switch between Payton and Campbell was handled during the same hearing. Campbell is on familiar territory, having served as an assistant federal public defender from 2003-07.
The next major step in the case is Monday’s change of plea hearing for Derek O’Neal. The details of the plea agreement are not public, but a spokesman for the U.S. Attorney’s office has said they will be after Monday’s hearing.
Prosecutors alleged during O’Neal’s detention hearing that he was involved in several violent acts as part of the drug ring. Testimony from investigators included accusations that O’Neal threatened to kill one informant, was known to carry firearms, and struck one of the co-defendants in the head with a hammer.
O’Neal was denied pre-trial release at his initial detention hearing. His appeal was also rejected.
Matt Milner can be reached at (641) 683-5359 or via e-mail at mwmilner@mchsi.com