MAHONING COUNTY Request for new lawyer delays trial

The defendant said he wants a new lawyer to represent him on the charge.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- The trial of a city man accused in a fatal shooting was delayed Wednesday so he can find a new lawyer.
Authorities say LaTawon Townsend shot 24-year-old Angela Loibl of Austintown at the T-N-T Bar on Steel Street on the city's West Side in January 2002. He is in the Mahoning County jail on a $1 million bond.
Townsend, 21, of South Garland Avenue, is charged with aggravated murder. He was scheduled to go on trial Wednesday in common pleas court.
Instead, Judge James C. Evans had to pull the plug because Townsend said he is no longer satisfied with the work of his attorney, Dennis DiMartino.
"I certainly cannot have a retained lawyer representing a defendant who doesn't want him," Judge Evans said. He reluctantly agreed to postpone the trial so Townsend's new lawyer will have time to prepare.
Townsend said he has no money or assets to pay for a lawyer, so he asked that one be appointed for him at taxpayer expense. He said his family had paid for DiMartino's services.
Under a court order, Townsend had to sign over the title to his car to DiMartino last year to help pay for his defense. The car was a 1991 Accura sedan with twin television sets mounted in the front-seat headrests, among other features.
Judge's comments
Judge Evans found that Townsend is indigent and said he'll appoint a new lawyer for him.
"But if I find out you have other assets, my friend, you are going to be paying Mahoning County back," the judge said.
Jay Macejko, assistant prosecutor, said the trial has been delayed about eight times over 15 months, with all but one at the defense's request. He said the continuous delays are a hardship for Loibl's family.
The judge apologized to Loibl's family and said the number of delays is "regrettable but not unusual" for an aggravated murder case.
"We have to follow the guidelines and the law," he said.
DiMartino acknowledged that he had not visited Townsend at the county jail as often as he should have, but said he's been off work for several weeks because of an eye injury. He is back to work now, but is still under care of a doctor who has limited the amount of time he is allowed to work in court or at his office.
DiMartino said he thinks he and Townsend could have overcome any problems Townsend believes existed, and was willing to remain on the case.
bjackson@vindy.com