Mom must keep attorneys she wanted to fire, judge orders

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By Jeremy P. Kelley and Christopher Magan
Staff Writers Updated 10:54 AM Tuesday, February 9, 2010

XENIA — A judge on Monday, Feb. 8, rejected a mother’s request to fire her attorneys for her second involuntary manslaughter trial, which now is expected to begin today.

Greene County Common Pleas Judge Stephen Wolaver ruled Monday evening that court-appointed attorneys James Armstrong and Arthur Ames must represent Malak Deek.

Deek told her attorneys Sunday that she was unhappy with them and wanted them replaced. On Monday, Armstrong and Ames filed a motion to withdraw from the case, which is to begin at 8:30 this morning .

The Fairborn resident is accused of doing nothing to stop the abuse of her daughter, 2-year-old Juliana Berry, by Deek’s boyfriend, Brian LaPrairie.

Juliana died Dec. 29, 2008, and LaPrairie has been sentenced to 23 years in prison for involuntary manslaughter stemming from her death.

Deek’s first trial was ruled a mistrial when jurors could not reach agreement.

Deek said Monday that she believed Armstrong and Ames had not worked hard enough, and added that Armstrong’s manner made her doubt whether he believed her .

Armstrong said he and Ames worked on the case nearly every day, including weekends, since Christmas, and said Deek rarely came to their office when he asked, citing her work schedule. Both attorneys said they are prepared to take the case to trial today.

Deek also said she was unaware of the prosecution’s offer to drop the involuntary manslaughter charge if she pleaded guilty to the lesser felony child endangering charge. Armstrong said he had told Deek of the offer.

Wolaver said he did not believe the breakdown between Deek and Armstrong was great enough to appoint new counsel and said he had confidence in the abilities of both attorneys.

Contact this reporter at (937) 225-2278 or jkelley@DaytonDailyNews.com.

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