Principal’s Lawyer Ejected And a Mistrial Is Declared
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The defense lawyer for a New York City school principal charged with drug possession was ejected from Criminal Court in Manhattan yesterday and a mistrial was declared after the lawyer said photographic and television coverage of the trial had caused him to withdraw from the case. The defense lawyer for a New York City school principal charged with drug possession was ejected from Criminal Court in Manhattan yesterday and a mistrial was declared after the lawyer said photographic and television coverage of the trial had caused him to withdraw from the case. The lawyer, Frederick C. Hayes, was representing Matthew Barnwell, the Bronx elementary school principal whose arrest on Nov. 9, 1988, led to a citywide investigation of local school boards and the subsequent indictment of six officials. The mistrial ended the proceeding after six jurors had been selected but before opening statements had been made. Saying he opposed allowing cameras in the court, Mr. Hayes said he was withdrawing as Mr. Barnwell’s lawyer because the cameras would deprive his client of ”his right to a fair trial.” Mr. Hayes also said he himself had a phobia against being photographed. ‘That’s Not True!’ ”I won’t be abused by the press, or abused by this court,” Mr. Hayes said as he stood beside Mr. Barnwell at the defense table. Mr. Hayes also was overheard telling Mr. Barnwell that he could not get a fair trial because of their race. Both men are black. Judge Harvey Glasser excused Mr. Hayes from the case and said he would take no disciplinary action against him. Mr. Barnwell also declined the judge’s offer to order the lawyer to continue representing him. Mr. Hayes’s withdrawal was described by the State Office of Court Administration as the first requested by any defense lawyer since the State Legislature authorized cameras in the courtroom on an experimental basis. Judge Glasser said Mr. Hayes refused to give any legal reasons why he opposed cameras in court. But Mr. Hayes, who had retreated to the rear of the small courtroom on the fifth floor of the Manhattan Criminal Courts Building, shouted, ”That’s not true!” Rising from his chair, the judge shouted back: ”Mr. Hayes, you’re out of this case. Please leave this courtroom.” ‘Step Out of This Courtroom’ Mr. Hayes did not move. Instead, he shouted back at the judge, ”I’m not leaving here and walking into the barrage of cameras outside.” But the judge was adamant. ”Step out of this courtroom.” Mr. Hayes did not budge. With that, Judge Glasser pointed to Mr. Hayes and ordered one of the court officers to remove him. As the court officer took Mr. Hayes by the elbow and ushered him outside, the lawyer used his briefcase to shield his face from television cameras and news photographers in the corridor. Judge Glasser then asked Mr. Barnwell if he objected to cameras in court and whether he intended to get a new lawyer. Mr. Barnwell, who is 55 years old, said the issue of cameras in court was ”irrelevant, as far as I am concerned.” He also said that Mr. Hayes had agreed to represent him for a fee far below the $25,000 to $30,000 other lawyers said they would charge. Judge Glasser said if Mr. Barnwell, who was suspended from his position but is still receiving his annnal salary of $61,229, could not afford a lawyer, the court would provide him with one and set March 29 for a hearing on the issue. Mr. Barnwell, the principal at Public School 53 for 16 years, was arrested after police officers said they saw him buy two vials of crack on the corner of Amsterdam Avenue and 148th Street. Mr. Barnwell, who lives at 611 West 148th Street and has since entered a drug treatment program, was charged with drug possession and faces up to one year in jail if convicted. Prosecutors said bringing misdemeanor drug cases, like the one against Mr. Barnwell, is not unusual. They said Mr. Barnwell had been offered a plea bargain but had rejected it. If Mr. Barnwell had pleaded guilty, even to a reduced charge, he risked losing his principal’s job. More : query.nytimes.com |