Published: Thursday, August 05, 2010, 2:48 PM Updated: Thursday, August 05, 2010, 3:55 PM
LaNia Coleman | The Bay City Times
BAY CITY — Attorney Edward M. Czuprynski said it was difficult to withdraw as defense counsel for a Bay City woman charged with gunning down her husband.
Rebecca J. Shimel faces an open charge of murder in the death of Rodney L. Shimel on Dec. 28 at the home the couple shared at 209 N. Sheridan.
“I believe this woman has a presentable defense,” said Czuprynski, who continued to represent Shimel, 45, for free after family members revealed they could not pay him. “She deserves an aggressive defense.”
At an emergency hearing Thursday, Circuit Judge Kenneth W. Schmidt granted Czuprynski’s motion to withdraw.
Rodney Shimel, 48, a master electrician, was in charge of wiring the old George H. Shearer home at 814 Monroe, which Czuprynski purchased in 2003 and renovated over the next several years. He now operates Bay Justice Associates at that location.
Rebecca J. Shimel
“I knew Rod Shimel personally,” Czuprynski said. “At the end of the work day, I’d sit around shooting the bull with him and the other guys.
“I thought I could wear both hats. I found out during the preliminary hearing, when I saw the pictures of him lying face down in a pool of blood, that I couldn’t separate myself from the professional me.”
Rebecca Shimel said she’s not happy but she understands.
“I asked him to reconsider because this (murder charge) is quite devastating,” she said.
She indicated she was worried about having enough time to hire a new lawyer.
“You will always have a lawyer by your side,” said Schmidt. “If you can’t afford one, I will appoint one and I will give your lawyer whatever time is necessary, within reason, to prepare for trial. You are entitled to your due process.”
Bay City attorney Brian H. Jean told the court he will represent Shimel if he’s hired. He said a friend of Shimel asked him to take the case but he has never met the defendant.
Shimel and her family have until the middle of next week to decide whether to hire Jean, Schmidt said.
The case originally was assigned to Criminal Defense Director Mark E. Janer.
Since Janer currently is campaigning to become a District Court judge, Schmidt said he’s not sure whom to appoint.
“There is the possibility that (Janer) will be a judge come January and the case would have to be reassigned,” Schmidt said.
Rebecca Shimel, in June, rejected an offer from Assistant Prosecutor J. Dee Brooks to drop the open charge of murder in exchange for a guilty plea on a second-degree murder charge.
Investigators have alleged Shimel emptied a 9mm handgun into her husband and, while he lay dead or dying, reloaded and fired one more shot.
Czuprynski has said he was preparing what he called a “blind rage” defense but, during Shimel’s preliminary hearing, he realized he could not give 100 percent to his client’s defense.
“It was a tough call but it was an ethical and morally conscious decision,” he said. “If there is any possibility of compromising an aggressive defense, I have to step down.
“I’ve never been faced with this issue before. I realized that, no matter how professional and aggressive someone can be, they still have a human side.”
No comments:
Post a Comment