The working relationship between a court-appointed attorney and a man charged with first-degree murder in the 2010 stabbing death of his wife has deteriorated to the point that the attorney was allowed to withdraw from the case just weeks before trial.
Charlottesville Circuit Court Judge Edward L. Hogshire on Thursday accepted a request by Barry Blake Bowles, 48, to allow his attorney, Michael J. Hallahan II, to withdraw even though it would delay the man’s three-day jury trial, which had been scheduled for later this month.
Bowles is charged with first-degree murder in the Sept. 3 slaying of his wife, Rachel Bowles. The defendant told police at the time that he found her in bed with another man, but she was the one who pulled a knife. Bowles told police he took the knife away from her and didn’t remember what came next, but that he had killed his wife.
There was obvious friction between the defense attorney and defendant in the courtroom, although both men maintained courtroom decorum.
Hallahan told the judge prior to the in-camera meeting with him that he had tried to get Bowles’ help in building a defense, but that Bowles would not answer several questions and provided little aid. He said Bowles told him that Bowles would provide just before trial questions to be asked of witnesses.
Bowles said Hallahan had not followed his direction or interviewed potential witnesses he had suggested.
“He comes to see me [in jail] asking the same questions that the investigators and [commonwealth’s attorney] is asking and everything I give him he says is not going to work,” Bowles told the judge. “He knows nothing about my 26-year marriage or the path that was taken to get where we were.”
“I do want the court to know that I don’t mind staying on the case but the only person who is not cooperating with me is my client,” Hallahan said.
Hallahan, who was appointed shortly after Bowles’ arrest last year, said he would assist any lawyer assigned to Bowles’ case.
Hogshire indicated he did not believe the issue was serious enough to find new attorneys to represent Bowles, a move that will delay the trial by several months. But after clearing the courtroom to talk with Bowles and Hallahan in private, the judge changed his mind.
“I believe the attorney-client relationship in this instance has deteriorated to the point that it cannot be restored,” Hogshire said. “I think that a new attorney will have to get into the case and investigate it.”
Hogshire said the case will have to be delayed until one, or more, attorneys can be appointed and begin researching the case.
“I’m going to treat this request as a waiver of the defendant’s right to a speedy trial,” Hogshire said, noting that the change comes at Bowles’ request. “I’m going to try and get competent counsel working and get this to trial as soon as possible, but this is a murder case. It may take time.”
Bowles will remain in jail pending further hearings.
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