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On Wednesday, Sept. 4, District Court Judge George Hardesty denied a motion by prosecutors to have Giardini removed as Diamond attorney, citing the defendant Sixth Amendment constitutional right to hire the counsel of his choosing.
underlying act would have still been a crime, Douthit argued.
MOBILE, Alabama Defense attorney Steve Giardini, who once prosecuted child abuse cases as a member of the Mobile County District Attorney Office, will be allowed to represent the man the task force he chaired twice investigated. His client, 40 year old David Diamond, is currently accused of strangling his teenage son, Raistlin Diamond the same person he was accused of abusing in 2002 and 2008, when Giardini was a prosecutor.
thought out, but ultimately decided the case should move forward to a preliminary hearing with Giardini in place as defense attorney.
Hardesty decision to allow Giardini to represent Diamond is only the most recent blow handed to prosecutors before a preliminary hearing could convene. In late July, officials with the Department of Human Resources placed 16 year old Raistlin back in his Grand Bay home, where prosecutors allege he was abused.
Hardesty called the arguments of Giardini and Assistant District Attorney Timothy Douthit and compelling and obviously well New Balance 996 Tennis Uk
Judge rules defense attorney Giardini can represent man his task force once investigated for child abuse
accused of strangling son.
View full sizeThis photograph shows the shed where 16 year old Raistlin Diamond said he spends his time, after being locked out of his home by his parents each day. (Courtesy Mobile County Sheriff's Office)
Diamond faces two to 20 years in prison if convicted New Balance 1500 Red Suede
In her initial filing, Assistant District Attorney Nicki Patterson said Giardini chaired the multi disciplinary Case Review Team that investigated child abuse accusations against Diamond in 2002 and 2008. The team on both occasions decided there was not enough evidence to charge him, it said.
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of the domestic violence charges against him. Mobile County sheriff deputies arrested Diamond in June after investigating child abuse accusations.
The hearing date was set as Wednesday, Oct. 2.
Douthit had argued that, although the strangulation charge did not even exist in the state criminal code until Sept. 2011, the previous allegations against Diamond were in the same realm of physical abuse as to constitute a conflict of interest for Giardini.
professional conduct, which all lawyers should adhere to . . . are very important, but I do not believe they extend to cover this situation, Hardesty said. He also disclosed that he also prosecuted New Balance Brown 574 child abuse cases while with the District Attorney's Office, from July 1996 to February 2000, several years before Giardini took a similar role.
would challenge the state to show how these facts are similar, he said.
Giardini argued that he does not remember the previous cases involving Diamond, and that the current charge is a and distinct matter.
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