Andrew Wolfson

@adwolfson

In an extraordinary move, prosecutors are trying to remove a prominent defense lawyer from representing his client on the word of a convicted felon who says the lawyer urged him not to testify.

On the eve of trial, the commonwealth is seeking to disqualify Rob Eggert from defending a client on robbery, kidnapping and assault charges based on assertions of a prosecuting witness who said Eggert told him not to come to court.

The witness, Deshawn Powell, faces unrelated charges of burglary and possession of a firearm by a convicted felon.

Prosecutors Justin Janes and Dorislee Gilbert moved Wednesday to remove Eggert from representing Christopher William Locke in his trial set to start next week on the grounds that Eggert visited him in jail and asked him to “do a favor and not come to court.” They said Powell said Eggert reminded him he has “enemies.”

But the only corroboration for the statement is a jail recording in which Powell told his mother the same thing.

Locke is charged with assault in the shooting of Powell, who attorneys say is a brother of Katina Powell, the escort service owner at the center of the University of Louisville men’s basketball scandal.

Attorney Marc Murphy, who is representing Eggert in the disqualification motion, said he is a “respected and experienced officer of the court” and that the accusations are false.

Deshawn Powell, on the other hand, Murphy said, is a felon in jail facing trial on his own charges and that his “bias, unreliability and desire to curry favor and/or work a deal with the commonwealth are obvious.”

Murphy also said in a written response that the “serious allegations" that Eggert committed criminal and ethical violations “rely entirely upon the statement of a single witness.”

A hearing on the commonwealth’s motion is set for 10 a.m. Monday before Jefferson Circuit Judge Angela McCormick-Bisig.

Appellate courts have held that disqualification of a lawyer is considered a drastic measure that judges should be reluctant to impose except when absolutely necessary.

Prosecutors Janes and Gilbert claim it’s required here because they say Eggert's request to Powell suggests Locke is guilty and that they intend to present it as evidence at trial. That, in turn, might require Eggert to testify, which the prosecutors say would bar him from defending Locke because professional rules generally disallow lawyers from testifying in their client’s trial.

Janes and Gilbert also said if Eggert did testify, it would create “an incurable conflict of interest” for Eggert and jeopardize Locke’s right to a fair trial.

But Murphy, writing for Eggert, said “there are more leaps in this argument than we saw last week during the Olympic hurdles.”

For one thing, Murphy said, even if the allegation against Eggert is true, which he denies, there is no evidence that his client asked him to do it, meaning it would be inadmissible against him.

Murphy also said it would be unfair to allow Eggert to be knocked off as Locke’s lawyer — based on Powell’s unsworn allegation — after Locke has sat in jail for a year awaiting trial.

“A decision to disqualify Mr. Eggert would create a frightening and unworkable precedent and unconstitutionally handcuff defense counsel from meeting with witnesses,” Murphy wrote.

Defense lawyers are obligated to try to interview prosecuting witnesses before trial, according to attorneys not involved in the case. They usually try to bring a witness to protect against allegations like Powell’s.

Eggert was accompanied by his investigator.

Murphy said he would have no comment before Monday’s hearing, while Commonwealth’s Attorney Tom Wine and spokesman Jeff Cooke did not immediately respond to a request for comment. Eggert said he couldn't comment on a pending case.

Powell was indicted with two other defendants in March on charges that also included tampering with evidence and fleeing police. Locke was indicted last September on charges that also included wanton endangerment, being a persistent felon and possession of a firearm by a convicted felon.

Both pleaded not guilty.

Reporter Andrew Wolfson can be reached at (502) 582-7189 or awolfson@courier-journal.com.