Free Motion to Withdraw as Attorney - District Court of Delaware - Delaware

Case 1:07-cr-00145-GMS

Document 16

Filed 11/20/2007

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA, Plaintiff, v. JOAN SANTIAGO Defendant. : : : : : : : : :

Criminal Action No.: 07-145-GMS

MOTION TO WITHDRAW COUNSEL AND REQUEST FOR APPOINTMENT OF NEW COUNSEL Counsel for Joan Santiago, Keir Bradford, hereby moves the Court for an order allowing counsel to withdraw, and, thereafter, an order appointing new counsel to represent Mr. Santiago. Counsel submits the following in support thereof: 1. Mr. Santiago was indicted on 11/6/07 for violations of Title 18§1028(a)(3) and

(b)(2)(B) and Title 42§ 408(a)(7)(c). Defense Counsel, Keir Bradford, represented Mr. Santiago at his initial appearance on November 1, 2007, in front of Judge Mary Pat Thyne. 2. According to the complaint there were only two co-defendants listed, both of which

were represented by private counsel at the initial appearance. 3. On November 19, 2007, Counsel had a discussion with Mr. Edson A. Bostic, Federal

Public Defender, about the posture of the case at which time Counsel was informed of a potential conflict of interest. Mr. Edson A. Bostic currently represents Mr. Vincente Villalobos-Rodriguez, an individual arrested in connection with the violations alleged in Mr. Santiago's indictment, but was not arrested at the same time as Mr. Santiago.

Case 1:07-cr-00145-GMS

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4. Counsel discussed this situation with Assistant United States Attorney, Keith Rosen, and came to the conclusion that an ethical conflict of interest has been created, which calls for withdrawal of any member of the Federal Public Defender's Office as attorney for Mr. Joan Santiago. See Delaware Rule of Professional Conduct 1.7 and 1.9. 5. Assistant United States Attorney, Keith Rosen, has no objection to withdraw the Federal Public Defender's Office from Mr. Santiago's case. WHEREFORE, Counsel respectfully requests for this Court to withdraw as Counsel any member of the Federal Public Defender's Office, and to appoint a substitute counsel from the CJA panel.

/s/ Keir Bradford KEIR BRADFORD, ESQUIRE Assistant Federal Public Defender One Customs House 704 King Street, Suite 110 Wilmington, DE 19801 302-573-6010 [email protected]

DATED:

November 20, 2007

Case 1:07-cr-00145-GMS

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. JOAN SANTIAGO Defendant.

: : : : : : : : :

Criminal Action No.: 07-145-GMS

ORDER On this ______________ day of November, 2007, Counsel's Motion to Withdraw is granted. The Clerk of the Court is directed to appoint new counsel for Mr. Joan Santiago pursuant to the Criminal Justice Act.

__________________________________ HONORABLE GREGORY M. SLEET United States District Court, Chief Judge

Case 1:07-cr-00145-GMS

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