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Yates, attorney part ways in murder case
By Brian D. Bridgeford / News Republic
The rift between twin infants murder defendant David R. Yates and his defense attorney became a chasm late last week after the judge granted the attorney’s request to withdraw from the case.
On Thursday, Yates, 47, of Baraboo, appeared in Sauk County Circuit Court along with county prosecutors for an unscheduled hearing. Defense attorney David. A. Geier of Madison appeared in court by telephone, according to court records.
The prosecution charges Yates battered his 5-week-old children, Tyler and Savannah Yates, to death during the weekend of April 13, 2008. He was scheduled to go on trial July 20 on two counts of first-degree intentional homicide and faces life in prison if convicted.
The hearing was held a day after Yates read Judge James Evenson a long list of what he said were defects in the prosecution and defense efforts in his case. Perhaps most important, he asserted there are witnesses who could aid in his defense who were not being located, contacted or interviewed.
“My rights to witnesses is in plain terms ... the right to present a defense,” Yates told the judge.
During Thursday’s hearing Geier asked to be released from his state appointment to defend Yates and for the judge to order Wisconsin’s Office of the State Public Defender to find him a new defense counsel.
According to court records, Yates opposed Geier’s motion. Sauk County District Attorney Patricia Barrett said she had no position on the issue, records state.
After Geier made his case for withdrawing, Judge Evenson agreed and released him from service.
Geier did not return a call Monday asking for comment on his reasons for withdrawing.
Yates has been represented by four attorneys so far. His prior attorney, Mark W. Frank of Madison, asked to be set free when Yates would not accept his advice to make a plea of not guilty by mental defect or disease, commonly referred to as the insanity defense.
The next event scheduled in Yates’ case is a status conference July 20 at which it is likely his new attorney, the prosecution and judge will schedule a new trial or steps in the legal process. Judge Evenson ruled that Yates could appear for that hearing by video conferencing system or telephone from the Green Bay Correctional Institution.
Yates was sentenced to four years state prison time in November after violating probation on unrelated drunk driving and domestic abuse charges.
“My rights to witnesses is in plain terms ... the right to present a defense,” Yates told the judge.
During Thursday’s hearing Geier asked to be released from his state appointment to defend Yates and for the judge to order Wisconsin’s Office of the State Public Defender to find him a new defense counsel.
According to court records, Yates opposed Geier’s motion. Sauk County District Attorney Patricia Barrett said she had no position on the issue, records state.
After Geier made his case for withdrawing, Judge Evenson agreed and released him from service.
Geier did not return a call Monday asking for comment on his reasons for withdrawing.
Yates has been represented by four attorneys so far. His prior attorney, Mark W. Frank of Madison, asked to be set free when Yates would not accept his advice to make a plea of not guilty by mental defect or disease, commonly referred to as the insanity defense.
The next event scheduled in Yates’ case is a status conference July 20 at which it is likely his new attorney, the prosecution and judge will schedule a new trial or steps in the legal process. Judge Evenson ruled that Yates could appear for that hearing by video conferencing system or telephone from the Green Bay Correctional Institution.
Yates was sentenced to four years state prison time in November after violating probation on unrelated drunk driving and domestic abuse charges.
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