Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, February 12, 1993 TAG: 9302120351
SECTION: CURRENT PAGE: NRV-1 EDITION: NEW RIVER VALLEY
SOURCE:
DATELINE: CHRISTIANSBURG LENGTH: Medium
ZELENAK LAWYER DENIED REQUEST TO BE REMOVED
Joe Painter, the Blacksburg lawyer representing one of three defendants in the June 1992 death of a Christiansburg shoe store manager, was denied a request Thursday to be removed as defense counsel.Katina Zelenak's trial in the slaying, abduction and robbery of Lorna Raines Crockett, a mother of three who lived in Pulaski, is scheduled to begin Wednesday.
But Thursday, Painter asked Montgomery County Circuit Judge Kenneth Devore for a continuance and to be removed as Zelenak's attorney.
Painter said his representation had been tainted after another lawyer, who represents Zelenak's former boyfriend on the same charges, brought up concerns in court Wednesday about a possible ethics violation.
Jeff Rudd of Roanoke represents Paul Morehead. Rudd told Devore Wednesday that he plans to file a motion to subpoena Painter as a witness in Morehead's trial, which is set for April. Rudd said he is concerned about the effect Painter may have had on Zelenak and her latest statement regarding Morehead's involvement in Crockett's death.
Rudd also told Devore he wanted to determine whether there were any ethical violations if Painter has arranged to pay for the services of a psychiatrist who is examining Zelenak when there is no hope of later recovering that cost.
Rudd said he had been told that Painter personally had hired a psychiatrist to help resolve differences in her statements.
Painter said he has not hired a psychiatrist, but has paid $250 to a clinical social worker who has met with Zelenak and is an expert in sexual trauma. Painter believes Zelenak was dominated by Morehead, was fearful of him and had been a victim of sexual abuse earlier in her life.
Painter told Devore Thursday he planned to ask the Virginia State Bar Association's ethics' committee to look into the matter.
"I feel that I will be totally exonerated," Painter said, but added he didn't think it was fair to go forward with the case before the questions are resolved.
Devore denied both requests, saying he did not think the matters would affect Zelenak's right to a fair trial. The judge said Painter has told him he believed he was prepared for Zelenak's defense.
Wednesday, Rudd voiced concern about the number of times Painter visited Zelenak in the Montgomery County Jail as they prepared for trial.
Rudd said Painter had made at least 70 visits in the three months before her preliminary hearing. In all, he has made about 200 visits.
Rudd said Zelenak's first several statements to police did not implicate Morehead to the extent her latest statement has.
Morehead, 21, Zelenak, 20, and William Ray Smith Jr., 19, are all charged with robbing, abducting and killing Crockett on June 1. Crockett was abducted while making a night bank deposit for Shoe Show, a Christiansburg store she managed.
The two men are charged with capital murder. Zelenak testified at a September preliminary hearing that each man fired a shot at Crockett.
Painter, who was appointed by the court as Zelenak's attorney, Thursday asked Devore to allow him to represent her "pro bono" or without compensation.
Painter had told a reporter several days ago that he planned to make that request, and stressed Thursday that the motion was not in reaction to the concerns raised Wednesday.
Devore granted the motion.