98911, People v. Baez

of having another attorney. And, Mr. Baez, you have a rightto an attorney, but not an attorney of your choosing. ***When you are appointed an attorney, and charged withmurder, you are appointed someone who has worked on manymurder cases on many occasions.* * *If Mr. Buchholz is not doing his job, then that is onething. You can, certainly, bring that to my attention.***And as I said, Mr. Baez, if there is something, some otherissue, other than the issues that I just put on the record, youcan, certainly, share that with me.DEFENDANT: No, ma’am, and I don’t mean to turn yourcourtroom into a mockery or anything.THE COURT: All right. Mr. Baez, it is just lack ofknowledge. I am not holding that against you.”On July 6, 2000, just over one month after the above discussion,defendant appeared in court again, represented by Buchholz.However, at defendant’s next appearance on August 31, 2000, privateattorney Jeffrey Granich sought leave to file an appearance. The courtgranted Granich’s request. On September 20, 2000, Granich appearedalong with Buchholz, who requested leave to withdraw. The courtallowed Buchholz to withdraw. Between September 2000 and April2001, Granich appeared on defendant’s behalf four times. During oneof these appearances, Granich requested a sanity evaluation; no othersubstantive matters occurred on the record in this time.On April 2, 2001, the State filed its notice of intent to seek thedeath penalty. During the same appearance, Granich indicated that hewas filing a motion for appointment of counsel for defendant underthe Capital Crimes Litigation Act. 1 The motion was continued toallow the State time to respond, and on April 19, 2001, the Statedeclined to take a position on the motion. The following discussion1 The circuit court later indicated that the motion was not received by thecourt on April 2; it is not clear when the motion was actually filed andreceived.-8-