Published: November 03, 2009 06:59 pm      

Pickett counsel seeking removal from case

By TESA CULLI

tesa.culli@register-news.com

MT. VERNON — A motion hearing will be held on Dec. 1 to determine if Public Defender Bob Verhines will continue to represent Brenda Pickett against charges of theft and official misconduct.

Last month, Verhines told the court he would be filing a motion to be removed from the case due to a conflict of interest. A hearing on the motion was scheduled for Tuesday, however, Verhines didn’t file the motion until Monday — which prompted the court to schedule a hearing on Dec. 1 to allow the Assistant Attorney General working as special prosecutor on the case to review the motion.

Pickett, 60, of the 600 block of Oak Avenue, is accused of taking between $10,000 and $100,000 in county funds between May and August 2008 while working in her official capacity as a deputy treasurer for Jefferson County. Pickett was arrested in August 2008, and is free of custody on $20,000 bond. Verhines was appointed to represent her in the proceeding, and a special prosecutor from the Attorney General’s office has also been appointed.

According to David Navarro of the AG’s office, a response to the motion is expected to be filed. He also recommended that Verhines should present some suggestions to the court at the hearing of possible attorney’s to replace him if the motion is granted.

Judge Joe Harrison said he will keep an open mind at the motion hearing, but wanted to point out that due to the large amount of information which has been presented between the State and defense, if the motion were to be granted, there would be a delay involved in the time it would take for a new counsel to acquaint themselves with the case.

The motion hearing on the issue has been scheduled for 9 a.m. on Dec. 1.