CLINTON —
A Clinton County District Court judge has granted a request from a Clinton man seeking to switch attorneys while facing a first-degree murder charge.
Andy Cole on Thursday presented his case to Judge Marlita Greve, saying he does not like the way attorney Bruce Ingham has been defending him against accusations that he killed 27-year-old Alysia Marburger in 2008.
While the state alleges Cole murdered Marburger while committing sexual abuse, which constitutes a felony murder, Cole and Ingham have argued that the bill of particulars and witness testimony do not support that sexual abuse was committed or that the defendant committed the murder during the abuse.
Cole and Ingham had filed a motion to dismiss the charge Dec. 13.
That motion was denied at the end of December, sending the case toward trial.
Ingham, appointed to represent Cole through the Public Defender’s Office, was not present at Thursday’s hearing, with attorney Phil Ramirez appearing in his place. Greve said she had received a handwritten letter from Cole requesting he no longer be represented by that defender’s office and Ingham.
Cole, shackled at the wrists and ankles, read a statement to the court, saying he felt that Ingham had not listened to him, that the motion to dismiss had been filed to soon and that Ingham was not operating “in his best interest.”
Assistant Iowa Attorney General Doug Hammerand, who is prosecuting the case alongside Clinton County Attorney Mike Wolf, said he had no objection to the motion. He said he believes Cole was seeking an evidentiary hearing at an inappropriate time, which Greve alluded to earlier in the hearing by saying that she is not allowed to make a credibility determination when considering a motion to dismiss and that Ingham is not to blame for that.
Hammerand said there is a communication breakdown between Cole and Ingham and that because of the nature of the charge, a Class A felony, Cole should be granted new counsel.
Greve agreed, appointing the Dubuque Public Defender’s Office to be in charge of representing Cole — an appointment that is governed by law. A Jan. 31 pretrial conference will take place, and it will be determined at that time whether the Feb. 18 trial date will stand.
Top News
Related Photos
-
Andy Cole
Discussion
January 11, 2013
Judge grants counsel request
- Top News
-
- County talks anti- nepotism policy, vehicle guidelines CLINTON -- The Clinton County Board of Supervisors this week discussed possible human resources policies. Human Resources Director Lynn Tibbetts introduced a rough draft of an anti-nepotism policy for the county. This policy would prevent a family me
-
Steamers' Holesinger advances to finals
CHARLESTON, Ill. -- Bryce Holesinger wasn't going to let an injury stop him. Holesinger, a junior at Fulton High School, qualified for Saturday's finals in the 300-meter hurdles by winning his heat Thursday in the preliminaries at the Illinois Class
-
In fan fiction, your favorite characters do what you want them to
When J.J. Abrams took over the "Star Trek" franchise in 2009, he boldly went where the series hadn't gone before — romantically — pairing Uhura with Spock. Many fans disliked the change. Some loved it. Others didn't care, because they just wanted to see Kirk and Spock make out.
-
VIDEO: Tornado survivor's missing dog found during TV interview
Barbara Garcia was being interviewed by CBS News about how she survived the destruction of her home to Monday's massive tornado in Moore, when the dog she feared dead was suddenly discovered alive in the rubble of her home.
- Northeast preps for end of grade sharing GOOSE LAKE -- The Northeast School Board is planning to add bus stops next year under the worst-case scenario that a Clinton County District Court judge does not force the Easton Valley School District to honor a whole-grade sharing agreement. North
-
It's a long road ahead for the graduates
Summer is near and that means hundreds of area teens are preparing for likely what will be the biggest move in their young lives. Clinton, Camanche and Fulton, Ill., will hold graduation ceremonies this weekend, meaning high school seniors will leave
-
Earthen Treasures: Vendors and shoppers ready for farmers market
CLINTON -- Jean Morgan spends more than 10 hours a week weeding, planting and tending to 2-acre plot of land just outside of Camanche.
-
Tennis No Moore
CLINTON - "Before I got hurt, I was by far the best tennis player around. At camps, I could come out and hit, and the kids would come out to watch. I could show them how to hit a shot. They would absolutely buy into everything I told them." That was
-
Memorial park: A place to remember
FULTON, Ill. -- Fulton American Legion Commander Bill Blecha's goal is to have a park where members of the community can reflect on the sacrifices of past, present and future veterans.
-
10 Things to Know for Friday
Your daily look at late-breaking news, upcoming events and the stories that will be talked about today.
- More Top News Headlines
