District attorney wants defense attorney off case for not playing fair
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| District Attorney Craig Stedman |
The district attorney's office filed a motion suggesting that attorney Jeff Conrad's representation of Klinger is a conflict of interest.
Klinger is charged with intentionally crashing his car last month on Route 283, then smothering his 17-year-old passenger and girlfriend, Samantha Heller.
Concerns about a possible conflict of interest stem from an October meeting Conrad had with Heller, and comments the lawyer recently made to a reporter, according to the motion.
Conrad has snapped back with a court filing of his own and called the prosecutor's motion a "bully tactic."
"(It) is nothing more than a veiled attempt to prevent Mr. Klinger from having a lawyer that will zealously defend his case," Conrad said. "The district attorney has no right to choose which attorney will challenge their case at trial."
District Attorney Craig Stedman disagreed, saying the motion has merit.
"Mr. Conrad should spend more time reading our motion instead of contacting the press," he said Monday evening.
At a meeting Monday afternoon, Judge Margaret Miller said she will rule on whether Conrad stays on the case after a hearing is held.
Klinger is locked up without bail on charges of homicide, vehicular homicide and other offenses related to the Dec. 4 crash in Rapho Township.
Police allege Klinger was abusive to Heller and crashed his car, which was traveling at speeds over 100 mph, with the intention of killing the McCaskey High School senior. When Klinger realized Heller survived the crash, police allege, he sat on her head on the highway's shoulder.
The commonwealth's motion concerns an October meeting Conrad had with Heller regarding a simple assault charge filed over the summer.
Heller, the victim in that case, was prompted by Klinger. who had been accused of running over her foot with his car, to visit Conrad and have the charge dropped, the filing shows. Ultimately, Heller signed a statement saying she didn't wish to go forward with the charges.
The assault was "a misunderstanding between two young lovers," the statement read, according to the filing.
Stedman says that interaction makes Conrad a potential witness at Klinger's upcoming trial.
"The rules clearly state a lawyer shall not take a case when he is likely to be a witness," the district attorney said. "Mr. Conrad injected himself into these cases … as a potential fact witness when he met with the victim and had her sign a legal document."
The prosecutor also argues in its motion that Conrad's recent comments to a local newspaper about Klinger and Heller's relationship were inappropriate.
Conrad, previously a prosecutor here for seven years, said he's done nothing wrong. He said Heller came to him unsolicited in October.
"Mr. Klinger has selected me to defend him and I intend to do exactly that," he said.
Conrad disputes the homicide charge, saying it has no basis.
"There are proper charges to bring and then there is overcharging a case," he said.
Prosecutors intend to seek a first-degree murder conviction at trial.
"We do not want any conviction thrown out on appeal years down the road because of a conflict," Stedman said. "I am disappointed that Mr. Conrad has used this obvious legitimate issue for the court to consider as an opportunity to spread idiotic accusations."
The war of words is expected to simmer down. Miller has asked all attorneys involved not to discuss the case further with the media.
"Judge Miller stated she is extremely concerned on multiple levels of what she called the "minefields" of potential conflict of interest Mr. Conrad has introduced into this case," Stedman said of the Monday meeting.
Conrad said he'll continue to devote all resources to defending Klinger.
"Mr. Klinger has a constitutionally protected right to select the attorney of his choice to defend him against the commonwealth's excessive and meritless charges,"
he said.
Klinger's case is being prosecuted by assistant district attorneys Christine Wilson and Mark Fetterman.
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