Murder defendant fires attorney
July 16, 2002
A Carson City murder defendant set to go to trial next week fired his court-appointed defense attorney on Monday.
Rocky Boice Jr., headed for trial in the beating death of Sammy Resendiz in 1998, replaced attorney Allison Joffee with Day Williams in a hearing before District Judge Michael Griffin.
Joffee told Griffin her client refused to talk to her after a meeting with Boice and his mother where they mentioned replacing her.
“We had some harsh words and he left. He refuses to speak to me,” she said.
Griffin said he wasn’t comfortable replacing Joffee since the trial, four years in the making, is set to go Monday.
After clearing the courtroom and hearing testimony from Boice, Griffin granted the motion and appointed Williams at public expense.
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Boice and nine others — Clint Malone, Jaron Malone, Fred Fred, Lew Dutchy, Julian Contreras, Elvin Fred, Jessica Evans, Sylvia Fred and Michael Kizer — are accused in the Aug. 23, 1998, beating death of Resendiz at the Round House Motel.
One hundred and forty potential jurors have been subpoenaed and jury selection is scheduled to begin Monday in the case against Boice, Malone, Fred Fred and Dutchy.
The attorney for Fred Fred filed a motion on July 10 asking to sever his client’s case from his co-defendants.
Fred Atcheson told Griffin his recent acquisition of an audiotape of Julian Contreras’ police interview contained evidence that would clear Fred of any wrongdoing, but would point a finger at Boice and Malone as primary suspects.
“It would be a train wreck,” Atcheson said, explaining if the four are tried together he would be in a position of prosecuting Fred’s co-defendants in an effort to clear his client.
Griffin said he will hear arguments Wednesday on Fred’s severance motion, along with a motion to release a grand jury report.
In that motion filed July 2, the defendants believe the grand jury report may contain information which bolsters their defense that the alleged killers were forced to take matters into their own hands because police ignored their complaints.