Defender files motion to quit Whitlock capital murder case

A Richmond-based capital defender may no longer represent a Charlottesville man accused of killing an 11-year-old boy last summer.

Defense attorney David Baugh filed a motion late last week in Charlottesville Circuit Court to withdraw himself and the Office of the Capital Defender as counsel for Waverly “Eddie” Whitlock.

“In support of the motion for leave to withdraw, counsel would assert that there has arisen a conflict of interest between the defendant and his defense attorneys which ethically compels withdrawal,” the motion said.

Baugh did not immediately return a call seeking comment. It was unclear Wednesday whether Baugh’s motion has been granted.

The motion requested that any further explanation should happen outside the presence of the commonwealth’s attorney “as not to compromise the interest of defendant, attorney-client communication and defense strategy,” the motion said.

Michael T. Hemenway has served as co-counsel for Whitlock. Hemenway did not immediately return a call seeking comment.

Baugh said in court May 20 that Whitlock wanted to sign a plea agreement that would request the death penalty as punishment for a capital murder conviction and allow him to rescind his plea if he receives a lesser sentence. During that court hearing, Hemenway asked Circuit Judge Paul M. Peatross Jr. for a continuance to review issues in the case.

Further information about the plea agreement hasn’t been revealed. Peatross approved a gag order May 20 that was requested by Baugh to prevent the judge, attorneys, clerk and anyone else connected with the case from talking about it publicly.

Peatross on June 12 ordered that Whitlock have a competency hearing, during which a psychologist and psychiatrist who had evaluated Whitlock would share their findings. It was not clear Wednesday if the hearing, which was scheduled for Friday, will occur.

Authorities have accused Whitlock, 28, of shooting and killing 11-year-old Aziz Damar Booth and wounding his mother’s boyfriend, 23-year-old Rueben Lewis III, on June 3, 2008, at 330 Sixth 1/2 St. S.W.