-Messenger picture by Kelby Wingert
Taylor Blaha, proper, appeared in courtroom alongside her legal professional, Charles Kenville, for a listening to on the Webster County Courthouse on Friday morning.
A Webster County decide has denied a homicide defendant’s request for a brand new public defender.
Taylor Okay. Blaha, 24, of Fort Dodge, is accused of drowning her new child child lady in a downtown Fort Dodge condo final November. Final week, Blaha submitted two filings in Webster County District Court docket requesting that protection attorneys Charles Kenville and Dianne Wallwey be faraway from her case.
A listening to on Blaha’s request was held Friday morning on the Webster County Courthouse. Throughout the listening to, Kenville advised District Court docket Decide Christopher Polking that he didn’t consider there was simply trigger to take away him from the case. Wallwey is slated because the second chair for the protection, however has not but performed an energetic function in making ready for trial. Each Kenville and Wallwey are with the Mason Metropolis Public Defender’s Workplace.
Simply previous to Blaha making her request, Kenville acquired a big cache of proof from the prosecution, together with recordings, pictures, lab stories and different digital proof. He mentioned he tried to satisfy with Blaha to debate the proof, however she refused to see him on two events.
At Friday’s listening to, Polking gave Blaha a possibility to share on the report her battle with Kenville.
“I don’t suppose he’s all the time on my facet,” she mentioned.
She additionally acknowledged that she refused to speak to him when he came visiting her on the Hamilton County Jail.
“I feel he’s a very good legal professional, however I don’t suppose he’s on my facet,” she mentioned. “He’s not defending me.”
Polking requested Blaha on whose facet she thinks Kenville is on.
“I feel he’s on the society’s facet,” she answered.
Blaha mentioned her chief criticism is that Kenville has advised her she might go to jail for the remainder of her life.
“You do perceive that one of many issues an legal professional has to do for his or her shoppers is to inform them what the attainable penalties of the cost that they’ve,” Polking mentioned. “In your case, you’re charged with homicide within the first diploma. If you happen to go to trial and are convicted, you mandatorily should be sentenced to jail for the remainder of your life with no risk of parole.”
He advised her the results can be the identical if she had a distinct legal professional.
Blaha additionally advised the decide that she has a studying incapacity. Kenville mentioned he’s working to handle her studying incapacity and has a specialist coming to go to her quickly.
After a short recess when Kenville, Blaha and Polking went into the judges’ chambers to debate privileged info exterior the presence of the prosecution, the listening to resumed in open courtroom. Polking denied Blaha’s request for a brand new legal professional.
Within the written ruling filed after the listening to, Polking wrote that Kenville had mentioned trial technique with Blaha and “she doesn’t disagree with the technique as a lot as she seems to not perceive it.”
“Any breakdown in communication is solely attributable to the defendant’s refusal to cooperate,” Polking wrote. “Counsel is skilled and competent and recognized to zealously advocate for his shoppers.”
Blaha simply doesn’t like what Kenville has to say, Polking wrote. He wrote that Blaha wouldn’t be more likely to be any extra cooperative with new counsel.
“Her refusal to cooperate with counsel at this level could or is probably not irreconcilable, and could also be associated to her attainable difficulties in understanding the proceedings and how one can help in her personal protection,” he wrote.
Polking additionally famous that if he have been to take away the Mason Metropolis Public Defender’s Workplace from the case, the closest accessible public defender’s workplace is Des Moines as a result of the Story County Public Defender’s Workplace is representing Blaha’s co-defendant, Brandon Thoma.
Throughout the listening to, Kenville requested a listening to to find out possible trigger to guage Blaha’s competency to know the trial proceedings and help successfully in her personal protection.
A listening to to find out if there’s possible trigger for a competency analysis is scheduled for Friday morning.
Blaha and Thoma have been arrested on Dec. 7 and charged with first-degree homicide, a Class A felony. Thoma can also be charged with abuse of a corpse, a Class C felony, for allegedly disposing of the toddler’s stays.
Blaha’s trial is at present scheduled for Feb. 28, although it’s going to probably be postponed to a later date.
Thoma’s trial is scheduled for Aug. 8.
The toddler’s stays haven’t but been discovered and the Fort Dodge Police Division is constant to research. The Webster County Crime Stoppers has provided a $1,500 reward for info that results in the restoration of the physique. Nameless ideas will be submitted by testing “LEC” and the tip to 274-637 or by calling 515-573-1444.
