Suspect in city killing to receive new attorney

A pair of motions filed on behalf of a man accused of homicide caused an “irreconcilable conflict” that has prompted a Charlottesville judge to allow the man’s attorney to step down.

Circuit Judge Edward L. Hogshire granted a motion Tuesday to relieve Christopher Graham from representing Darryl Andre Johnson in the city’s Circuit Court.

Graham said in court that his client wanted a new attorney and to rescind the Alford pleas Johnson entered in April to first-degree murder and other charges. The plea means Johnson maintains his innocence while acknowledging the prosecution has enough evidence to convict him.

The charges stem from the Oct. 22, 2008, fatal shooting of 22-year-old Phillip E. Adams Jr. at a deli on the Corner.

Authorities have said bickering between Johnson and Adams at a private party escalated into Johnson pulling a gun and firing. Johnson could face between 25 and 42 years in prison at sentencing, which was postponed from the original date of Oct. 1 after Johnson sought to withdraw his plea and replace his attorney.

Tuesday’s hearing was meant to discuss the attorney issue only. Matthew J. Quatrara, assistant commonwealth’s attorney, said in court that Graham is court-appointed counsel and therefore there has to be a legitimate reason for him to be terminated.

Not liking a court-appointed attorney isn’t enough to get a new one, according to prior case law, the prosecutor said in court.

“The mere allegation of disatisfaction is not enough to meet the good cause shown,” Quatrara said in court.

Graham said in court that Johnson felt Graham hadn’t advised him properly leading up to the plea, and therefore Johnson wanted a new attorney and to change his plea. Further discussion of why Johnson didn’t want Graham as representation could cause the lawyer to become a witness in the case and to violate attorney-client privelege, Graham said in court.

“I didn’t want to go into statements that are confidential,” Graham said in court.

The list of lawyers available to replace Graham is shorter than usual. Joe Platania, assistant commonwealth’s attorney, said in court that Johnson had contact with local lawyers in other cases in which he was somehow involved. Hogshire said in court that many of the area’s experienced lawyers would be ineligible to represent Johnson.

Johnson’s request to change his plea is expected to be discussed at his next court date, which has not yet been set.