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Update On the James Mitchell Murder Case; Has Gone Through Three Sets of Lawyers

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from www.marinij.com – A man charged with clubbing a Novato woman to death and kidnapping their child was denied a last-ditch attempt to fire his lawyers on Monday, the day before final jury selection.

After nearly two years of litigation, James Mitchell said he wanted to release his attorneys Stuart Hanlon and Sara Rief — his third defense team since the case began — and defend himself. He also asked the judge to delay jury selection for another two weeks to allow him to prepare.

“There’s no gimmicks,” he told Judge Kelly Simmons. “I’m not pulling the government’s leg.”

That prompted Simmons to hold a closed-door hearing, after which she denied the request. Simmons said the case is almost at the two-year mark and that the lawyers have already screened more than 1,000 potential jurors.

“You’re not going to get a continuance,” she said. “I’m not relieving counsel.”

Then Hanlon and Rief abruptly asked to withdraw from the case. Hanlon said his ability to represent Mitchell was compromised by communication problems and “delusional” statements and letters by the defendant.

“Our ability to communicate does not exist,” Hanlon said.

After another closed hearing, Simmons told the defense attorneys they could not withdraw and said Mitchell was competent to participate in his defense. She also denied a defense motion to move the trial outside Marin because of the intense news coverage that surrounded the arrest of Mitchell, an heir to the Mitchell Brothers pornography empire in San Francisco.

Nearly 170 potential jurors were expected in court Tuesday for final selection.

Mitchell, 29, has pleaded not guilty to charges of murder, domestic violence, kidnapping, child abduction, child endangerment, stalking and a special allegation of murder during the commission of a kidnapping.

Mitchell is accused of killing his ex-girlfriend, 29-year-old Danielle Keller, on July 12, 2009. Authorities said Mitchell bludgeoned Keller with a baseball bat outside her Novato home and kidnapped their infant daughter.

Mitchell was arrested later that night after police found him and the baby in Citrus Heights.

Mitchell fired his first lawyer, and his second withdrew from the case for reasons that were not made public. Hanlon and Rief have been on the case for nine months.

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