By Rachel McCormick | Posted: Friday, July 29, 2005 12:00 am
Racine — A defense attorney for a man accused of murdering two people last October — and then attempting to dig his way out of jail — was granted a motion to withdraw as counsel from both cases Friday, about a month before a jury trial was to begin.
Public Defender David Saldana told both Racine Circuit Court judges Dennis Barry and Gerald Ptacek that because of a "dynamic" break down in communication and for ethical reasons he felt he could no long accurately represent Wendell McPherson.
"Mr. McPherson has also said he no longer wants me as his lawyer," Saldana told the judges.
Saldana declined to comment further on the issues between McPherson and himself after court citing attorney-client privilege.
Saldana has been McPherson's attorney for the past 10 1/2 months. Racine County District Attorney Michael E. Nieskes objected to Saldana's removal stating it could delay McPherson's jury trial and the victim's family did not want that.
"Mr. Mason and Nancy Mason's sister expressed to me there desire to move forward to trial and have a decision rendered," Nieskes said.
Nieskes further stated because he did have information pertaining to the types of conflicts Saldana and McPherson were having he did not know if it would be appropriate for Saldana to withdraw.
The judges granted the motion for Saldana to withdraw as McPherson's defense attorney in two different cases against him. McPherson's cases will be referred back to the Public Defender's Office, Saldana said. It was unknown if McPherson will hire private counsel.
McPherson's jury trial is scheduled to begin Sept. 12. The trial may be delayed because of the attorney change, Nieskes said.
McPherson, 27, of Milwaukee, is charged with two counts of first-degree intentional homicide for killing Nancy Mason, 40, and her daughter Meghan Mason, 19, on Oct. 11 in their home on the 1700 block of Blaine Ave, according to the criminal complaint.
McPherson is also charged in the same complaint with conspiracy to commit armed robbery with force, first-degree recklessly endangering safety, hit and run with injury, and possession of a firearm by a felon.
Court records allege McPherson and another man, Jamal Martin, 19, of Racine, had planned to robbed the Horizon Credit Union, 1931 Grove Ave. When police approached McPherson's car where the two men were awaiting to do the robbery, McPherson took off in the car, and ran over a police officer's foot. Martin ran on foot but was captured by police.
McPherson allegedly crashed his car into a garage at 3331 Republic Ave. Neighbors said they saw him run onto the Mason's porch, the complaint says.
McPherson then allegedly entered the Masons' home where he fatally shot them both. One of Nancy Mason's sons found the bodies in a bed bounded with duct tape when he returned home from school around 2:46 p.m., records show.
When McPherson was arrested in Milwaukee police located a blue sweatshirt, a pair of blood stained jeans, a gun with two spent shells casings, and a pair of latex gloves. The gun and the shell casings matched the bullets taken from the murder victims, records show.
Martin has pleaded guilty to conspiracy to commit armed robbery with use of force and was sentenced to 2 1/2 years in prison and 7 1/2 years on extended supervision in February.
At the hearing Robert Mason, Nancy Mason's husband, was visibly upset at the judge's decision to grant the motion.
"They had a trial date. They were nearing the conclusion," Nieskes said. "They've been dealing with this for 10 1/2 months."
In McPherson's other criminal case he is charged with conspiracy to escape criminal arrest and party to a crime criminal damage to property.
In March McPherson and two other inmates -Brain Sullivan and John Ohlinger- allegedly tried digging themselves out of the Racine County Jail through a wall.
Sullivan pleaded guilty and agreed to testify against McPherson. Sullivan was sentence to two years in prison and three years on extended supervision. Ohlinger's case has not been resolved.
McPherson's jury trial on these charges is scheduled for Sept. 20 and could also be delayed.
A status conference has been scheduled for Aug. 5 at 9 a.m. in both Barry's and Ptacek's courtrooms.