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Lawyer Ken Moynihan watches as Jerry Crosby enters County Court for an appearance before Judge Anthony Aloi (not pictured)

(Douglass Dowty | ddowty@syracuse.com)

Syracuse, NY -- A Syracuse man facing a first-degree murder charge in the vicious attack of a father in front of his young son said today his lawyer isn't doing enough to help him.

"He never comes to see me," said murder suspect Jerry Crosby about his lawyer. "I'm basically fighting this by myself. If I lose, I'm going to prison for the rest of my life."

Crosby, 31, is accused of killing Jerry T. Mack during a robbery Oct. 19, 2012 at the victim's 221 W. Kennedy St. residence. Mack's 7-year-old son witnessed the slaying and ran to a relative's house afterward.

Two others, who the boy said were involved in the robbery and murder, have never been found.

Crosby is accused of stabbing Mack 62 times and strangling him. He's facing the possibility of life in prison without chance of parole because the murder happened during a robbery. Prosecutors say his DNA was found on a table leg in the home.

But after 22 months, Crosby said he'd lost patience with his lawyer, Kenneth Moynihan. Crosby said he'd only talked to Moynihan a total of 32 hours since his arrest. The lawyer wouldn't take time to listen to him or return the calls of his wife, Crosby said.

"We never sat down to talk about my defense," Crosby said. "He doesn't see me to talk about my case. I don't know if he's a good attorney. (But) he's not helping me out. I need to be able to talk to my attorney. I can't talk to him."

But County Court Judge Anthony Aloi declined to give Crosby a new lawyer. The judge said a defendant who can't afford an attorney does not have the right to fire his court-appointed lawyer.

However, the judge said, it was important for the lawyer and defendant to get along to prepare for trial. That doesn't always include being available for regular meetings, the judge said.

"Sometimes your perception of lack of consulting -- I hear that in court," the judge said. "It's not because (the lawyers) are neglecting the case. They're working on your case. There's no requirement that he be at your beck and call as an assigned counsel."

Crosby's trial is scheduled for Oct. 20. Even if the court were to assign a new lawyer, that wouldn't leave enough time for someone new to prepare, Moynihan told the judge, noting he'd be willing to remain Crosby's lawyer.

Crosby interrupted, saying again he didn't believe Moynihan had done anything to prepare for trial.

But the judge called Moynihan's legal arguments "expansive and comprehensive." He noted that the lawyer prepared for a court hearing to determine the legality of police statements that would be used at trial.

Crosby responded that Moynihan hadn't shared all of the paperwork with him. The judge ordered, and Moynihan agreed, to provide any other paperwork to Crosby.

The judge said there are only a few lawyers who will handle murder cases on the budget offered by the assigned counsel office. Only experienced lawyers on the assigned counsel list are allowed to try murder cases.

Crosby said his demand was simple: "I just want an attorney to represent me to the best of his ability."