Facing life in prison for the murder of Lucianna Polly, Katner Herry has been in detention since January. The investigation into his case progresses but other factors have delayed the trial.
Katner Herry is represented by Alternate Public Defender Peter Santos, who was appointed by the court at the onset of the case.
While they have made leeway into the investigation obtaining GPD training records and the victim Polly’s criminal history, he told the court that he must withdraw from the case.
Santos stated that there is a serious conflict of interest but before he could explain further, Judge Anita Sukola stopped him from speaking. The Superior Court judge and the Office of the Attorney General were unaware of the motion which was filed in August. She told Herry that the OAG needs time to review the reason why APD is withdrawing, further stating that the OAG would have to confirm if a conflict of interest exists such as the past or present representation of a witness in Herry’s case.
Beyond the legal aspects, the COVID pandemic has compounded the delay in the trial. Sukola said that it may be the latter part of December before a trial date can be set.
Meanwhile, the court will hear the motion to withdraw on October 7th.