CHARLESTON, W.Va. — A Kanawha County circuit judge says she hopes to rule by midweek if there’s a possible conflict of interest with the attorneys representing an accused murderer.
Judge Carrie Webster held a hearing Monday in the Joshua Phillips case.
Phillips, 38, of Charleston, has been lodged in the South Central Regional Jail without bail since Dec. 26. That’s when he was released from the hospital where he had been since the Dec. 1 shooting of Charleston police officer Cassie Johnson. Johnson died on Dec. 3.
Phillips wants to ask Webster to set bond in his case but Webster hasn’t gotten to that question yet because of the possible conflict of interest issue.
The Monday hearing, the second held in as many weeks, focused on whether
the Kanawha County Public Defender’s Office, which represents Phillips, is in conflict because it had previously represented Richard Chapman in a separate criminal case in February 2020. Chapman and two other men were charged in connection with the Phillips investigation after allegedly selling him drugs in the hours before he allegedly shot Johnson. Chapman could be asked to testify in Phillips’ trial.
The Public Defender’s Office no longer represents Chapman.
Kanawha County Prosecutor Chuck Miller first raised the conflict of issue question.
Webster decided Monday to review Chapman’s criminal file from the February 2020 case to see if contains anything that might impact the Phillips case.
“If I look at that it would just give the reassurances that this is not a case where that (conflict of interest) would happen,” Webster said.
Miller said it’s good to make sure.
“We may be wading out into possibilities–I just don’t want to get something that occurred during a trial to jump up and bite use,” Miller said.
Ronni Sheets. the administrative deputy defender in the Public Defender Office, said she’s confident there’s no conflict and Chapman would be able to testify in a possible Phillips trial.
“We are not permitted to disclose attorney-client privileges. So therefore, there’s no concern that Mr. Chapman is going to be in that position. We cannot make those arguments and we’re not,” Sheets said.
Webster said she’ll make a decision by midweek. She’s rescheduled the bond hearing for Friday at 1:30 p.m.