MONROE - A former Monroe man serving a 40-year sentence for first-degree sexual assault of a child in state prison was denied his request for a public defender to appeal his conviction Thursday.
Greg Gogin, 57, filed for post-conviction relief on Aug. 18, about two weeks after his sentencing on Aug. 3. In his filing, Gogin requested representation by a public defender.
His request was denied, as representatives of the state public defenders board determined that Gogin could not be considered indigent and therefore was ineligible for a public defender.
In a motion filed Nov. 18, Gogin cited a 2001 case to argue that federal poverty criteria should be used to determine whether an appellant is indigent.
However, Rock County Judge James Daley again denied Gogin's request at a hearing Thursday, saying he still had sufficient assets available to him to hire a private attorney.
Although much of Gogin's assets are frozen, Daley said Gogin would be permitted to use funds from a recent divorce settlement if he was willing to furnish certain financial details to Rock County Judge Michael Fitzpatrick. Until such an event, however, Gogin's request will remain denied.
Gogin also requested that a $20,000 fund to pay for his victims' counseling be turned over to the victims' mother, for the sake of convenience. Daley, however, said such an action would be impossible without the mother's input.
Finally, Gogin asked Daley whether the judge would read a "respectable letter" if Gogin sent one to him. Daley was noncommittal and would not speculate on his theoretical future decisions.
Gogin was sentenced in August to a total of 40 years in prison on a Class B felony charge of first-degree sexual assault of a child and two related Class C felonies. The deadline for Gogin to appoint counsel for his appeal extends until Feb. 17.
Greg Gogin, 57, filed for post-conviction relief on Aug. 18, about two weeks after his sentencing on Aug. 3. In his filing, Gogin requested representation by a public defender.
His request was denied, as representatives of the state public defenders board determined that Gogin could not be considered indigent and therefore was ineligible for a public defender.
In a motion filed Nov. 18, Gogin cited a 2001 case to argue that federal poverty criteria should be used to determine whether an appellant is indigent.
However, Rock County Judge James Daley again denied Gogin's request at a hearing Thursday, saying he still had sufficient assets available to him to hire a private attorney.
Although much of Gogin's assets are frozen, Daley said Gogin would be permitted to use funds from a recent divorce settlement if he was willing to furnish certain financial details to Rock County Judge Michael Fitzpatrick. Until such an event, however, Gogin's request will remain denied.
Gogin also requested that a $20,000 fund to pay for his victims' counseling be turned over to the victims' mother, for the sake of convenience. Daley, however, said such an action would be impossible without the mother's input.
Finally, Gogin asked Daley whether the judge would read a "respectable letter" if Gogin sent one to him. Daley was noncommittal and would not speculate on his theoretical future decisions.
Gogin was sentenced in August to a total of 40 years in prison on a Class B felony charge of first-degree sexual assault of a child and two related Class C felonies. The deadline for Gogin to appoint counsel for his appeal extends until Feb. 17.