Is alleged drug kingpin influencing co-defendants by paying for their counsel?
Contending that a jailed defendant awaiting trial in an Ohio drug-trafficking case is seeking to influence three co-defendants by paying for their legal counsel, prosecutors have filed a motion seeking to block current defense attorneys from continuing to represent the trio.
Alleged heroin kingpin Tevaughn “Big Baby” Darling “intends to have a lawyer that he bought and paid for” persuade one of the co-defendants, Duane Washington, “to take the fall and allow the other co-defendants to skirt responsibility for their crimes,” the Cuyahoga County prosecutor’s office says in a in a disqualification motion (PDF) filed last week.
“By hiring and controlling the attorneys for himself and his co-defendants, the state believes that Darling is doing his best to thwart justice, hide the truth, and be freed on bond or back in general population to continue running his drug trafficking organization that deals not only in cocaine and heroin, but intimidation and death of witnesses.”
Meanwhile, the government is also seeking to boot the attorney representing Darling in the Cleveland case, on two theories, Cleveland.com reports.
First, the state says, Ralph DeFranco, the lawyer representing Darling, may have unwittingly helped one client—Darling—participate in arranging the contract slaying of another client—Aaron “Pudge” Ladson—by persuading a judge to release Ladson on home confinement. Ladson was a witness in a triple homicide and also faced drug charges.
Second, the motion speculates, Darling may have paid attorney Ralph DeFranco to represent Ladson, just as Darling is allegedly paying other lawyers to represent his three co-defendants.
“If attorney DeFranco was paid by Darling to represent Ladson, and the evidence shows that Darling was part of the conspiracy to kill Ladson, this would cause irreparable damage to attorney DeFranco’s standing at the trial if and when that evidence emerges,” the motion says.
Reached by Cleveland.com on Friday, DeFranco called the first theory “nonsense” and said Ladson paid his own legal fees.
Citing recorded phone conversations from the jail and notes found in a search of Darling’s cell that allegedly record payments to attorneys, the motion seeks a court order requiring disclosure of defense lawyer bill records. At the very least, it says, the court needs to formally put the claimed conflict of interest on the record and obtain consent from all defendants.
If the case proceeds with the current defense lawyers in place, however, appeals are likely, the motion warns. “It does not make sense to try this case twice.”
