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On 12 April 1974 the defendant also filed a motion for appointment of an arson expert at State expense. Diettrich was filed and the motion was denied. Thereafter, on 15 April 1974, a motion for association of Mr. Diettrich become attorney of record, the public defender would be relieved from further participation in the case.
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And I took the case and the retainer on that basis."Īt the close of the hearing the court ruled that the defendant was still indigent, but that should Mr. So I was hired, in effect, to assist in the trial of the case when it comes to trial. Mary Knapp to the effect that she didn't feel that she could afford to hire me to take over the case at that point for full representation of it.
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Dave Basham, the defendant's John Knapp's mother, Mrs. DIETTRICH: Basically, I was retained after quite a lengthy discussion with the public defender on the case. Will you tell us what you have been retained to do? Apparently there's some question on the nature of your representation of him. "THE COURT: We are arguing the question of whether or not Mr. Diettrich testified that the retainer was limited to assisting the public defender, and that for the amount of the retainer he would be unable to handle the entire defense case. On 6 February 1974 the county attorney filed a motion for determination of counsel, urging that the defendant was entitled to representation by either the public defender or private counsel, but not both. Diettrich asked for permission to inspect the burned house and was refused permission by the county attorney as he was not counsel of record. Charles Diettrich, an attorney in private practice, to assist the public defender. Subsequently, on 28 December 1973, the defendant's mother, Mrs. David Basham, deputy public defender, was assigned to the case. At his arraignment Knapp was determined to be indigent, and the public defender's office was appointed to represent him. The defendant Knapp was charged by information with two counts of arson-murder of his two daughters which allegedly occurred on 16 November 1973. The facts necessary for a determination of the issues before us are as follows. Must the court appoint an expert witness at State expense? May the county attorney refuse to negotiate with an attorney "not of record" in a particular criminal case?ĥ. If so, does the county attorney have standing to object to such association?Ĥ. May privately retained counsel be associated with the public defender as *109 an additional attorney for an indigent defendant?ģ. We granted this petition for special action to review the orders of the Superior Court of Maricopa County which denied defendant association of private counsel with the public defender, and which denied his request for appointment of an expert at State expense. Hyder, Deputy Public Defender, Phoenix, for respondents. Basham, Deputy Public Defender, Phoenix, for petitioner. Lee, Maricopa County Public Defender by David W. BERGER, County Attorney for the County of Maricopa, State of Arizona, Real Parties in Interest, Respondents. HARDY, Judge of the Superior Court, Maricopa County, Arizona Moise E.