Posted on 08/07/2006 7:13:30 PM PDT by SmithL
MARTINEZ -- A defense attorney who stepped in to represent convicted murderer Susan Polk at her sentencing stepped down Monday.
Defense attorney Charlie Hoehn took Polk's case after her conviction to assist in writing pre-sentencing motions, including a motion for a new trial.
A jury convicted Polk in June of second degree murder in the 2002 stabbing death of her husband, Felix Polk. She acted as her own attorney at trial and testified that she killed him in self-defense.
On Monday, Brady said a trial transcript will not be available until Polk's appeal.
Hoehn had requested a copy of the trial transcript so he could prepare. He told the Times in July that he would continue with Polk's case as long as he could get the transcript.
Brady referred Polk's case to the Contra Costa County Bar Association's Conflict Panel, which finds county-appointed attorneys for defendants.
The panel's director, David Briggs, said few attorneys will move for a new trial without the transcript.
"How could you tell what happened at the trial if you can't get a transcript of the trial?" Briggs said.
Polk is scheduled for sentencing Friday in Superior Court in Martinez.
I wonder what she'll accuse this one of.
Every time you think this case couldn't get any stranger........
I have no idea if Polk asked for an attorney for the sentencing phase or if the court decided she needed one.
If this is an indigent defense case -- I assume it is since the court appointed this attorney -- it doesn't matter if the court reporter transcibes the hearing now or later. This attorney was smart to bail out, and the judge is going to get the whole thing thrown out on appeal. JMO
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