Tahlequah Daily Press

April 26, 2013

Prosecutors don’t want Lindsey’s attorney to withdraw

By JOSH NEWTON
Staff Writer

TAHLEQUAH — State prosecutors are objecting to a local attorney’s attempt at abandoning a case set for jury trial next month.

Assistant District Attorney Doug Dry says Tahlequah attorney Jerry Moore had “ample time” – five months – to withdraw as the defense counsel for James “Jim” Neill Lindsey.

Lindsey is facing allegations that he sexually abused a girl over a period of years. Moore has represented Lindsey since Lindsey was charged in January 2012, but the attorney has now asked a judge to allow him to withdraw as counsel.

Dry argues that Moore waited until just over a month before Lindsey’s tentative trial to request the withdrawal. Dry believes granting Moore’s motion will “only add additional delay to an already overdue proceeding.”

Lindsey has also objected to Moore’s request, saying Moore has “refused to discuss” the reasoning for his attempt, and made his intentions known to Lindsey less than an hour before formally filing the request. Lindsey said he has paid Moore 80 percent of the cost to carry the case through trial, and if Moore withdraws, he may not have the money to find a new lawyer.

Dry argues the most important aspect to consider is that Moore’s withdrawal as Lindsey’s attorney “will deny a minor child and her family needed closure as she moves into a new school in August, and they seek to move on with their lives.”

Court records show a hearing to address Moore’s request to withdraw has been set for May 2 at 3 p.m. in front of District Judge Darrell Shepherd. Lindsey is set for the next jury trial docket in Cherokee County District Court, which begins May 20.