Suspect seeking execution gets new lawyer

A Charlottesville man facing a capital murder charge in connection with the shooting death of an 11-year-old boy now has two local attorneys.

David Baugh, a Richmond-based capital defender, said Thursday that he and the Office of the Capital Defender are no longer representing Waverly “Eddie” Whitlock. Baugh said his motion to withdraw as Whitlock’s attorney was granted after a hearing this week.

Whitlock continues to be represented by Michael T. Hemenway, Baugh said Thursday, and now also is represented by court-appointed attorney J. Lloyd Snook III. Both attorneys have offices in Charlottesville.

Baugh’s motion, which was filed late last week, noted a conflict of interest between Whitlock and himself that “ethically compels withdrawal,” the motion said. Baugh said a judge held a hearing on Wednesday outside of the presence of the commonwealth’s attorney before granting the motion. The motion requested the closed hearing if the judge needed specific information about the conflict.

Details about why Baugh requested to be taken off the case have not been made public. The motion said the closed hearing was necessary so that Whitlock’s interests, his attorney-client relationship and defense strategy wouldn’t be compromised.

Baugh said in court May 20 that Whitlock wanted to take advantage of a plea agreement that would require him to plead guilty to capital murder and other charges in exchange for the death penalty. The agreement reportedly has a clause that would allow Whitlock to rescind his plea if a judge opts for a sentence lesser than death.

Prior to considering the plea agreement, Circuit Judge Paul M. Peatross Jr. requested a competency hearing for Whitlock, which was supposed to be scheduled for Friday. Whitlock’s competency hearing has been rescheduled to July 17.

Whitlock, 28, has been accused of the fatal shooting of 11-year-old Aziz Damar Booth and of wounding 23-year-old Rueben Lewis III. The shootings took place on June 3, 2008, at 330 Sixth 1/2 St. SW.