No new attorney for Boice
October 29, 2002
A judge Monday denied the motion for a new attorney for a Carson City man awaiting sentencing in a 1998 motel-room beating death.
Following a 13-minute closed-court hearing in which Judge Michael Griffin questioned defendant Rocky Boice Jr., Griffin said Boice’s claim of ineffective counsel wasn’t sound.
“Several things (Boice) wanted wouldn’t have been admissible anyway,” Griffin said, adding rules of evidence he’d placed on the trial dictated what could be presented as a defense.
Griffin said since Boice was charged with first-degree murder, but was found guilty of second-degree murder by the jury, Boice’s attorneys did present an adequate defense.
This was the second time Boice, 24, asked the court to appoint new counsel. The first time, only a week before the trial was set to start, Boice felt his attorney, Alison Joffee, was ineffective because she hadn’t subpoenaed any witnesses. Griffin allowed attorney Day Williams to take over the case. Williams later was joined by Laurence Licther, a San Francisco attorney.
Boice’s second motion for a new counsel made similar claims.
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“Defendant does not believe that trial counsel was effective at the trial level and is unaware of any preparation taken to date by trial counsel to present testimony and evidence at the upcoming sentencing hearing,” Boice said in he latest motion.
“Mr. Boice has had two attorney’s appointed at public expense. He is not entitled to three,” Griffin said.
Boice was found guilty Sept. 18 of second-degree murder with a deadly weapon in the 1998 death of Sammy Resendiz. He is the first of nine defendants being tried in the case.
Jessica Evans, Lew Dutchy and Jaron Malone are scheduled to go to trial Dec. 4. A hearing on motions for those three has been set for Nov. 7.
Boice will be sentenced Nov. 5. He faces 10 years to life in prison.