Judge David O. Carter of the Central District of California appointed Joseph James Norita Camacho as Fitial’s new defense attorney after approving the motion to withdraw as counsel earlier filed by Loren Sutton.
“[Fitial’s] reasons are that he is disappointed and angry that he was not released on bail after his motion to modify conditions of bail was denied,” Sutton said in his written motion.
Fitial also did not appreciate Sutton telling the defendant “that the case is a difficult one and that [Fitial] faces a lengthy jail sentence if convicted….”
The 24-year-old Fitial has been in the custody of the U.S. Marshals Service since his arrest by the Federal Bureau of Investigation last June on the charge of deprivation of rights under color of law when he used physical and verbal abuse against his female victim who was sexually abused.
On Friday, Carter sealed certain portions of the hearing on the motion to withdraw counsel.
The victim’s court-appointed guardian, attorney Bruce Mailman, and Assistant U.S. Attorney James J. Benedetto, the prosecutor, were asked to leave the courtroom.
Fitial told the court that his family was going to hire a counsel for him and had contacted Camacho.
Carter instructed the clerk to call Camacho to inquire whether he had been retained by the Fitial family. The clerk was told by Camacho that “it was not a done deal.”
Carter called for a recess and instructed all parties, and the Fitial family to have time to discuss their hiring of a counsel for the arrested DYS jail guard.
When asked by the court after resuming the hearing, Fitial said he desired another counsel.
Camacho appeared in court and informed that he would be available to serve as a counsel under the Criminal Justice Act.
The Fitial family apparently could not pay the retainer fees.
Carter thanked Sutton after relieving the veteran lawyer from the case.
Carter then remanded Fitial to the custody of the U.S. Marshals Service.
Fitial’s jury trial is scheduled for Oct. 18, 2010.
