Public defender shortage could cost county
Two defendants in the DeMarcus Graham murder trial have court-appointed private attorneys because many public defenders have conflicts of interests stemming from the case’s grand jury investigation.
Whether this will cost the county more still is uncertain.
Larry Burdick, Isabella County prosecutor, said public defenders have a fairly rigid contract, but the contract is arbitrary for private attorneys who are appointed.
“That’s between the court and who is appointed,” he said.
The year-long grand jury investigation resulted in six individuals, including five former CMU football players, being charged with second-degree murder in connection with Graham’s 2004 beating death.
Burdick said some public defenders were appointed to represent witnesses or suspects during the grand jury hearings. These attorneys may have been disqualified to represent different defendants in the actual trial, he said.
“You can’t serve two masters, so to speak,” he said.
Gordon Bloem, a Mount Pleasant attorney who oversees the county’s public defender system, said the umbrella of secrecy surrounding the grand jury investigation is complicated. Bloem said he simply had to trust the public defenders who couldn’t explain why they had a conflict of interest.
“It’s made it pretty difficult,” he said. “But I have respected their decision.”
The county has eight public defenders under contract, but no one set aside as a back-up.
“We have not had to deal with an overflow issue until this situation with the grand jury indictment,” Bloem said. “With eight people you usually got somebody that can take it on.”
Bloem said the court-appointed private attorneys in the Graham case are James D. Veldhuis and William L. Antrobius, both of Mount Pleasant. Veldhuis will represent defendant Demond Petty and Antrobius will represent defendant Michael Thomas.
David Moran, assistant law professor at Wayne State University, said Isabella County’s public defender system is similar to the eight or nine others in the state.
“Only a minority of counties have a public defender system,” he said. “Most counties that do have a public defender office have a system to appoint private attorneys.”
Kathy Arney, senior legal assistant for 49th Circuit Court in nearby Mecosta County, said her court has three public defenders and one overflow public defender. When a multiple defendant trial uses them up, she looks to neighboring county public defenders.
“They still have to abide by our county contract,” she said. “It doesn’t cost the county more.”
Antrobius, who was appointed to Thomas Nov. 30, said he is prepared for the challenge that lies ahead.
“I am ready. There is a lot at stake for these young people,” he said. “...I am going to work. I am not trying to get out of it.”
