No plea deal as Moya changes attorney
Written by BILL RYAN Sentinel Staff Writer
Friday, 25 January 2013 11:20
An expected plea agreement fell through this morning regarding the murder charge being faced by Jose Moya Jr.
|Jose Moya Jr. leaves court with attorney Omar Shaaban (right) who asked to be excused from the case. (Photo: J.D. Pooley/Sentinel-Tribune)
Moya, 24, of Toledo, has been charged with the July 22 murder of a Perrysburg Heights woman.
According to Perrysburg Township Police reports, Leandra Frankum sustained a fatal gunshot wound and was pronounced dead at the scene of the crime.
With a crowded gallery, Moya’s attorney Omar Shaaban asked in conjunction with Moya to withdraw as the defendant’s attorney.
“There has been a major breakdown in attorney-client relations,” Shaaban said.
“I feel it’s in my best interest to have a different attorney,” Moya said.
Wood County Common Pleas Court Judge Alan Mayberry granted the request.
The judge made sure that Moya understood the full ramifications of such action and issued several cautionary remarks directed toward Moya.
In addition to the surprise turn of events, much of the drama involved the crowded gallery.
When Moya was brought into the court, one woman called out for him, calling him “My bro.”
Some other remarks were also made.
“If we hear anything else, we will empty the court,” Mayberry announced after one of the court constables directed everyone to be quiet.
As Moya was being led out of the courtroom following the hearing, a different woman shouted names at him, including “murderer.”
The judge then threatened that if the people were going to act in this manner he would have the courtroom closed in any further proceedings.
“This is not out on the street, this is a courtroom,” Mayberry said sternly.
During the brief proceedings, the judge had the prosecuting attorney outline the deal that was offered.
Gwen Howe-Gebers outlined the prosecution would be willing to dismiss the repeat violent offender specification and a second count in the indictment of tampering with evidence.
The judge cautioned Moya that the deal may not be available to him if he was granted a new attorney.
Shaaban was originally hired by the defendant, and later appointed by the court after Moya was found to be indigent.
The judge said that when that happened, that the attorney was no longer in his control, but in the hands of the court.
“We’re not going to keep kicking this can down the street,” Mayberry told him.
The court will find a new attorney and will set the anticipated five-day trial for a new date months down the road.
The judge told Moya all time will be charged to him in regard to a speedy trial.
A Feb. 22 date was set to have a new attorney and to meet for a pre-trial hearing.
“You will remain in custody,” the judge told the defendant.
Because of the outbursts, court security called the Bowling Green Police to have patrol cars outside the courthouse as the parties left to minimize any chance of action between the people.