IMO this case has a couple of perculating legal issues. Just for some background, I was a full-time public defender handling thousands of clients and litigating hundred of cases and issues for the first 7 years of my practice.
1. Public Defenders
The toughest legal job there is and the lowest paying. Thankless work, but there are many outstanding PD's. Indigent defense is different in each state and federally there are full-time PD's and then panel attorneys who handle conflicts and other cases. In this matter, the attorneys handling the defense should be paid more than $200 an hour, but this just shows how indigent defense is a low budget priority, IMO.
2. COI
According to Ashley Banfield the prosecutor is not keen on the current attorney representing the defendant and the judge and defense attorney met in chambers with the judge declaring there is no conflict. However, neither the judge nor the attorney can waive a conflict. Only the impacted client(s) can waive a conflict. If the defendant wants to pursue a not me, some other person ("NMSOP") defense, the most logical avenue to explore is the drug angle and that goes to the victims and/or people near them. If some of the victims and/or their parents were involved in drugs, owed people money, or had been arrested and possibly snitched, these are all viable avenues for the defense to pursue and investigate. How do you do that if you are investigating your former client(s) for the exact thing you represented them for? This is where the potential conflict can arise.
Even if the defendant waived the conflict, he could still come back on appeal and say the waiver was not valid because it was coerced, etc.
Thus, IMO the potential conflict issue will always be there. In my old PD office these facts would have lead to the entire office conflicting out of the case from the get go.
3. Change of Venue
This is an obvious pre-trial motion in this case. Less than 40K people live in the county and over 60% of them live in Moscow. We live less than 400 miles away and over a moutain range, and people here were freaking out and locking windows, etc. It will be interesting to see what data the defense uses in their motion to support the change in venue. I think Ada County and Boise are obvious choices just because of population. Ada county is probably tired of the rural counties sending them their god awful murder cases. Change of venue is an exremely hard motion to win, even in small rural counties, so this will be a very interesting litigation issue.
4. Defense Strategy in Prelim
What evidence will the defense attack, if any, at preliminary? Will this hearing be used for discovery, plea negotiations or the first battle against the state's evidence? This will interesting to watch.
IMO