MERCER Forced, attorney discloses depression

His client in this case was given permission to hire a new attorney.
By HAROLD GWIN
VINDICATOR SHARON BUREAU
MERCER, Pa. -- Atty. Wayne Hundertmark says that being forced to disclose to a client that he is being treated for depression could trigger a flurry of appeals from old clients seeking new trials.
"I think, potentially, a floodgate has been opened," he said Friday, a day after he made his disclosure in open court to Leon Grande, 60, of Shenango Township.
Grande is facing first- and third-degree murder charges in the May 1 killing of his girlfriend, Deborra DeSantis, 47, in her Sharpsville, home.
Hundertmark said he didn't willingly disclose his medical history, including the fact that he is recovering from drug addiction and alcoholism, because he didn't see it as an issue in the case.
Judge Francis J. Fornelli, who is hearing the case, ordered him to make the disclosures after he missed a pre-trial conference Thursday morning. Hundertmark said he was in a previously scheduled court hearing in Venango County at the time.
Told judge he can work: He said he told the judge a change in his medication put him behind in some of his work but that he was capable of performing his job now just as he had while he was on anti-depressants for the last 20 years.
"I suffer depression. I'm medicated. I'm fine," he said.
However, he explained his medical condition to Grande in open court and said he advised Grande to fire him.
Although he is capable of handling the case, he said it would unfair to burden Grande with that issue and possibly jeopardize his post-trial rights of appeal should he be convicted.
Fornelli said he told Grande that Hundertmark would do a good job with the case and publicly said that Hundertmark has performed at the highest levels of his profession in his 15 years of practicing in Mercer County.
Client fired him: The judge said he even offered to appoint a backup attorney for Grande at the county's expense, but Grande declined and said he wanted new legal representation.
Fornelli gave him 10 days to find a lawyer.
Hundertmark said the issue could result in some of his convicted clients trying to use the information to seek a new trial.
"I have baggage but the baggage never interfered with my representation of my client," he said, adding, "There isn't a question of my competency."
James Epstein, Mercer County district attorney agreed, saying he's never seen anyone better prepared for a client than Hundertmark.
No reviewing court has ever found his defense to be lacking, Epstein said.
Hundertmark said he's not taking any more Mercer County cases.
"I have one pending divorce matter, and I am done practicing law in Mercer County," he vowed.