DARLINGTON - Armin Wand III is getting an additional defense attorney in the Argyle fire case after he brought forward concerns Thursday that he wasn't "getting along" with his public defender.
By the time of a last-minute hearing Friday afternoon, Wand and the public defender had apparently settled their differences and reached an agreement that the state will grant Wand an additional lawyer by next Tuesday. Judge Thomas Vale approved the move.
Wand, 33, and his 18-year-old brother Jeremy Wand face multiple felony homicide charges related to the deaths of the elder brother's young sons in a Sept. 7 house fire in Argyle. The young boys' 2-year-old sister and mother survived, although the mother later lost the baby she was carrying. The Wand brothers each face an additional homicide charge for the death of the unborn child.
Earlier this week they pleaded not guilty to the charges, the older Wand by standing mute.
Deemed too poor to afford his own legal representation, Armin Wand III was assigned Assistant State Public Defender Guy Taylor in September. Taylor is based out of Monroe and represents many criminal cases in the area.
Judge Vale questioned Wand at length Friday about his concerns and his understanding of the case.
"I understand you had some reservations and were requesting someone else be assigned," Vale said.
"Yes," Wand responded. When Vale asked him why, silence settled into the courtroom.
Finally, his voice chopped and slurred by a stutter, Wand responded, "We wasn't getting along."
Vale asked him a series of questions requiring only "yes" or "no" answers. Yes, Wand understood Taylor is a competent lawyer. Yes, they'd had several meetings at the Lafayette County Jail. Yes, he understood he would not get to select his second defense attorney. No, he wasn't nervous.
Vale stressed he didn't want any last-minute changes in representation before Wand's jury trial in February. Switching defense counsel at the last minute "reduces your attorney's effectiveness," he told Wand.
Taylor placed some blame for Wand's request on himself.
"There has been some conflict, but I think it has been resolved. I think it was my overzealousness in pursuing a line of defense," Taylor told the judge. "The court knows I can be obnoxious."
Prosecutor Richard Dufour made no objection to the addition of a lawyer to Wand's defense. His only concern was that the case "remain on track."
Both Defour and Taylor have a lot of preparation before Wand's jury trial, set for Feb. 25 to March 1.
Taylor is seeking a change of venue - either that the case move to a county outside the Madison media market or a jury be brought to Darlington.
Taylor also expects to file a motion by next Friday for a "Miranda-Goodchild" hearing in the case. If approved by the judge, the hearing will determine if Wand voluntarily gave the confession that is the basis for the charges against him.
Wand's parents have maintained he and his brother are innocent and investigators coerced their confessions.
After the hearing Friday, Taylor said Wand notified him of his concerns about his representation the day before. He wouldn't say how exactly.
But he said it makes sense for Wand to have co-counsel. Finding another state-appointed lawyer to take over the case completely would have been an "enormous strain."
"There are not a tremendous number of homicide-qualified attorneys" in the State Public Defender's Office, he said. He anticipates a public defender from Janesville will be assigned the case.
By the time of a last-minute hearing Friday afternoon, Wand and the public defender had apparently settled their differences and reached an agreement that the state will grant Wand an additional lawyer by next Tuesday. Judge Thomas Vale approved the move.
Wand, 33, and his 18-year-old brother Jeremy Wand face multiple felony homicide charges related to the deaths of the elder brother's young sons in a Sept. 7 house fire in Argyle. The young boys' 2-year-old sister and mother survived, although the mother later lost the baby she was carrying. The Wand brothers each face an additional homicide charge for the death of the unborn child.
Earlier this week they pleaded not guilty to the charges, the older Wand by standing mute.
Deemed too poor to afford his own legal representation, Armin Wand III was assigned Assistant State Public Defender Guy Taylor in September. Taylor is based out of Monroe and represents many criminal cases in the area.
Judge Vale questioned Wand at length Friday about his concerns and his understanding of the case.
"I understand you had some reservations and were requesting someone else be assigned," Vale said.
"Yes," Wand responded. When Vale asked him why, silence settled into the courtroom.
Finally, his voice chopped and slurred by a stutter, Wand responded, "We wasn't getting along."
Vale asked him a series of questions requiring only "yes" or "no" answers. Yes, Wand understood Taylor is a competent lawyer. Yes, they'd had several meetings at the Lafayette County Jail. Yes, he understood he would not get to select his second defense attorney. No, he wasn't nervous.
Vale stressed he didn't want any last-minute changes in representation before Wand's jury trial in February. Switching defense counsel at the last minute "reduces your attorney's effectiveness," he told Wand.
Taylor placed some blame for Wand's request on himself.
"There has been some conflict, but I think it has been resolved. I think it was my overzealousness in pursuing a line of defense," Taylor told the judge. "The court knows I can be obnoxious."
Prosecutor Richard Dufour made no objection to the addition of a lawyer to Wand's defense. His only concern was that the case "remain on track."
Both Defour and Taylor have a lot of preparation before Wand's jury trial, set for Feb. 25 to March 1.
Taylor is seeking a change of venue - either that the case move to a county outside the Madison media market or a jury be brought to Darlington.
Taylor also expects to file a motion by next Friday for a "Miranda-Goodchild" hearing in the case. If approved by the judge, the hearing will determine if Wand voluntarily gave the confession that is the basis for the charges against him.
Wand's parents have maintained he and his brother are innocent and investigators coerced their confessions.
After the hearing Friday, Taylor said Wand notified him of his concerns about his representation the day before. He wouldn't say how exactly.
But he said it makes sense for Wand to have co-counsel. Finding another state-appointed lawyer to take over the case completely would have been an "enormous strain."
"There are not a tremendous number of homicide-qualified attorneys" in the State Public Defender's Office, he said. He anticipates a public defender from Janesville will be assigned the case.