McInerney Family
Seeks Firing of Public Defender; Court
Representative Appointed

A California judge Tuesday appointed a guardian to protect the interests of 14-year-old Brandon McInerney, the accused killer of openly gay 15-year-old classmate Lawrence King, the Ventura County Star reports. The move came after McInerney's family said it wanted to fire the public defender's office, which is currently representing McInerney, in favor of a private law firm that has reportedly agreed to defend the case for $1. A preliminary hearing set for Tuesday was postponed until October 14, when the court will also decide who will represent McInerney, in addition to other issues.

According to witnesses, McInerney shot King in the head on February 12 during first period in a packed classroom at E.O. Green Junior High School in Oxnard, a largely blue-collar port city of nearly 200,000 people about 60 miles north of Los Angeles. McInerney is being tried as an adult on charges of premeditated murder with a special hate-crime allegation.

Proposition 21, a controversial law enacted by a state ballot initiative in 2000, affords district attorneys more or less unfettered discretion to try juveniles as young as age 14 as adults for certain felonies. A defense motion to transfer the case to juvenile court on constitutional grounds was denied in July.

McInerney's family wants to replace the public defender's office with Scott Wippert, an attorney with the United Defense Group, a nationwide criminal defense firm based in Los Angeles's Studio City, and also with North Hollywood attorney Robyn Bramson. United Defense Group has agreed to take the case on for $1, according to Senior Deputy Public Defender William Quest, who has been representing McInerney. "A law firm for hire that takes on a case of this magnitude for $1?" Quest said. "Red flags are raised."

Speaking to The Advocate and reporters from other outlets in the courthouse Tuesday, Quest elaborated, saying, "This is a case of high magnitude that's going to require a lot of resources...unless [United Defense Group] have juvenile justice at heart, this is a for-profit firm."

He expressed particular concern regarding whether the new firm would provide expert witnesses that might be necessary to McInerney's defense. "Whether or not [the lawyers] do it for free, experts are not going to testify for free, and this case is going to require the best experts," he said. "Our concern is they don't have the resources to adequately represent Brandon...monetary resources to pay for the experts."

Quest declined to identify the specific experts the defense might need. "To do this case properly," he said, would "cost in excess of six figures easy, and anyone worth their salt would be charging that."

Based apparently on these concerns, Quest filed a petition questioning whether the United Defense Group intends to protect McInerney's best interests. He also asked the court to appoint a "guardian ad litem," a term denoting a person designated by a court to take legal action for, and protect the interests of, a minor. Ventura County superior court judge Kevin McGee granted the petition and appointed Willard Wiksell, an experienced Ventura criminal lawyer. McGee said he wanted to be sure McInerney acts "knowingly, intelligently, and voluntarily" in deciding whether to change lawyers.

Wippert, who refused comment at Tuesday's hearing, complained to the court that Quest and Wiksell are being permitted access to McInerney while his firm is not. McGee pointed out that Quest has access because he still represents McInerney, as the court had not yet approved the change of counsel.

McGee also expressed dismay that the United Defense Group allegedly obtained access recently to McInerney under what the judge called "false pretenses," a charge Wippert vehemently denied.

Quest said his office had been readying an appeal of the court's denial of his motion to transfer the case to juvenile court, which would be decided before the case goes to trial, but lamented that "all that's going to be stopped" if new lawyers take over the defense. "We have one of the best appellate attorneys in our office," he said. "These are the resources the public defender has that private firms just do not have."

Quest said there is no chance of his office and the new lawyers representing McInerney jointly. "If we're out," he said, "we're out."

Quest expressed personal disappointment and frustration at the family's move to hire new counsel. "I don't have any beef with the private bar," he said. "When they take cases, I'm very happy 99% of the time, because I have a heavy caseload."

But, Quest added, "this case is unique for me because I've invested a lot in this case, I feel deeply about this case -- I like Brandon a lot; I don't want to see him go away for the rest of his life. So, I take it personally. I don't think another person's going to be able to represent him in the manner that I can."