Mark Redwine’s trial, which was set to begin in September, will be postponed.
Redwine, who is accused of killing his 13-year-old son, Dylan, in 2012, was scheduled to go to trial Sept. 17. The 57-year-old Bayfield man was arrested in 2017 and charged with second-degree murder and child abuse. If convicted, he faces 16 to 48 years in prison.
But the trial was complicated last month after one of Redwine’s two public defenders, John Moran, was arrested on suspicion of misdemeanor assault and domestic violence.
Sixth Judicial District Judge Jeffery Wilson ruled last week that Moran is no longer able to defend Redwine and a new defense attorney must be assigned to the case. A new trial date will be set Tuesday.
Wilson, in his ruling, said Moran has still not filed an official motion to withdraw from the case.
However, Moran’s actions since his arrest have indicated he will not be able to provide efficient counsel, Wilson said.
Since Moran’s arrest, he has not appeared at two hearings regarding the Redwine case. Also, it appears Moran is on extended leave until at least October, Wilson said.
“Mr. Moran’s apparent unilateral decision to take leave and not be available to defend (Redwine) at this upcoming trial clearly demonstrates Mr. Moran has placed his personal needs ahead of (Redwine’s) right to have competent prepared counsel,” Wilson wrote.
“While the court is making no findings as to whether Mr. Moran’s decisions are justified because of his personal situation, (Redwine) has a constitutional right to an attorney who is willing and able to provide an effective and vigorous defense regardless of the personal problems (Moran) may be experiencing,” Wilson continued.
“By his actions, Mr. Moran has demonstrated that he is either unwilling or unable to do so.”
At a court hearing Aug. 5, Redwine’s other defense attorney, Justin Bogan, said it could take a new attorney six to nine months to get caught up on the case and be ready for trial. Redwine had waived his right to a speedy trial.
District Attorney Christian Champagne, however, objected to delaying the trial, arguing Dylan’s family, the community, as well as Redwine himself, deserve justice and a resolution to the case.
Wilson, in his ruling, denied Champagne’s request.
Wilson said Bogan must identify Moran’s replacement “as soon as possible.”
jromeo@durangoherald.com
