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Defendant complains about lawyer on day of trial
By Joe Gorman
YOUNGSTOWN
A man about to undergo a bench trial for the murder of his stepmother told Judge Lou D’Apolito he was not happy with his lead attorney.
James Jarrell, 34, said in Mahoning County Common Pleas Court on Tuesday he was not comfortable with Atty. Mark Lavelle because he claimed Lavelle had not given him certain documents and had dismissed other concerns he had.
Judge Lou D’Apolito gave Jarrell a new lawyer but told him he would have no more. Judge D’Apolito also said Jarrell would sign receipts for all material he is given so there would be no more disputing who received documents or when they were received. Andrew Zellers, who was assisting Lavelle, will be lead counsel on the case.
A new trial date has not been set.
Jarrell is accused of the July 7, 2015, death of Tina Jarrell, 55, who was found in her kitchen in a Wellington Avenue home on the West Side. Jarrell was arrested with her car a few days later by Pittsburgh police.
Jarrell has complained about Lavelle before and continued just before his bench trial was to begin. Lavelle said he gave Jarrell several of the documents he asked for, but Jarrell disputed that claim.
Jarrell was prepared to go forward Tuesday representing himself, although he said he preferred a new lawyer. He said he understands the lawyers make the strategy but he said he should have more of a say in his defense because it his life at stake. He could face a maximum sentence of life in prison without parole if he is convicted.
“How can I make an intelligible [sic] decision when it’s my life?” he asked. “I don’t want to represent myself but I feel like I have to.”
Jarrell said he felt comfortable with Zellers, and he told the judge he got along with Zellers, so the judge appointed Zellers to represent him. There will be no other changes, however, regardless if Jarrell agrees with what Zellers is doing.
“I already appointed you two good lawyers,” Judge D’Apolito said. “No new lawyers.”
Judge D’Apolito said if Jarrell cannot get along with Zellers and represents himself, he will be held to the standard as other lawyers even though he is a defendant.