Murder defense lawyer requests leave; Testifying would force withdrawal.Byline: Gary V. Murray WORCESTER - Raising the possibility that he will have to testify about his client's mental state at the time of his arrest and questioning by police, the lawyer for one of two men charged with a double murder last year in Dudley is seeking to withdraw from the case. A hearing is scheduled Monday in Worcester Superior Court on a motion filed June 2 by lawyer John H. LaChance asking the court to allow him to withdraw as Christian Muller's lawyer. Mr. Muller, 27, of 8 Crystal St., Webster, and Marc S. Letang, 20, of 501 Plantation St., are awaiting trial on charges stemming from a July 9 home invasion home invasion n. Burglary of a dwelling while the residents are at home. Noun 1. home invasion - burglary of a dwelling while the residents are at home in a Dudley apartment building that left two people dead from gunshot wounds to the head and a third shooting victim, Mr. Muller's former girlfriend, seriously injured in·jure tr.v. in·jured, in·jur·ing, in·jures 1. To cause physical harm to; hurt. 2. To cause damage to; impair. 3. . Mr. LaChance was appointed by the state Committee for Public Counsel Services to represent Mr. Muller, the alleged gunman, who is charged with two counts of murder, three counts of home invasion and single counts of armed assault with intent to murder and unlawful possession of a firearm firearm, device consisting essentially of a straight tube to propel shot, shell, or bullets by the explosion of gunpowder. Although the Chinese discovered gunpowder as early as the 9th cent., they did not develop firearms until the mid-14th cent. . Mr. LaChance said at Mr. Muller's arraignment A criminal proceeding at which the defendant is officially called before a court of competent jurisdiction, informed of the offense charged in the complaint, information, indictment, or other charging document, and asked to enter a plea of guilty, not guilty, or as otherwise permitted last August that his client needed to be evaluated by a forensic psychologist to determine whether he could be held criminally responsible for his alleged actions. In March, Mr. LaChance was granted up to $5,000 in public funds See Fund, 3. See also: Public to hire a neuropsychologist Neuropsychologist A clinical psychologist who specializes in assessing psychological status caused by a brain disorder. Mentioned in: Post-Concussion Syndrome to conduct such an evaluation. In his request for the funds, Mr. LaChance said Mr. Muller had a long history of drug and alcohol abuse and had been involuntarily hospitalized several times for treatment. "There is reason to believe that defendant may be suffering from a form of organic brain syndrome organic brain syndrome n. Abbr. OBS Any of a group of acute or chronic syndromes involving temporary or permanent impairment of brain function caused by trauma, infection, toxin, tumor, or tissue sclerosis, and causing mild-to-severe or frontal lobe frontal lobe n. The largest portion of each cerebral hemisphere, anterior to the central sulcus. Frontal lobe The largest, most forward-facing part of each side or hemisphere of the brain. damage affecting his ability to control his conduct," Mr. LaChance wrote. In his motion to withdraw as Mr. Muller's lawyer, Mr. LaChance said it appeared he might have to testify about his client's mental state at the Dudley police station on the night of the shootings. Mr. LaChance said he met with Mr. Muller for about two hours that evening at the station, after Mr. Muller was interrogated by state and Dudley police, and "made a series of observations which I now believe are relevant to his state of mind at the time of the interrogation interrogation In criminal law, process of formally and systematically questioning a suspect in order to elicit incriminating responses. The process is largely outside the governance of law, though in the U.S. . "The recordings of the police interviews are difficult to hear so it now appears that I will need to be a witness at any suppression hearing and probably at trial," Mr. LaChance wrote. "It is therefore necessary under ethical rules that I withdraw from representing Mr. Muller so that I can testify for his new defense counsel if that person determines it is in the client's best interest that I testify," Mr. LaChance said in his motion. Any statements Mr. Muller made to police could be suppressed as evidence if a judge determines he was incapable of voluntarily waiving his right to remain silent at the time of questioning due to his mental state. Mr. LaChance's observations might also bear on Mr. Muller's mental condition at the time of the killings if he were to raise a psychiatric defense at trial. Police said 31-year-old Aaron Bash and 26-year-old Denise Johnston were shot and killed in the July 9 home invasion in a third-floor apartment at 25 West Main St., Dudley. Investigators allege To state, recite, assert, or charge the existence of particular facts in a Pleading or an indictment; to make an allegation. allege v. that Mr. Muller shot the two after he and Mr. Letang broke into their apartment shortly before 1 a.m. and that he also shot Joanne Mercier in the head. Ms. Mercier told authorities she had dated Mr. Muller, but had broken off their relationship three days earlier. She accused Mr. Muller of shooting at her the day she ended their relationship and of telling a friend he intended to kill her. Both suspects are being held without bail. Their cases have been continued to Monday. NOTE: 2007 INCIDENT |
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