Cordaryl Silva wants a new lawyer.
So a judge on Tuesday (April 9) gave his family until July to hire him one.
Meanwhile, the Special Public Defender representing Silva, accused of murder in the shooting death of a distant relative outside a Derby bar last May, will stay on for the time being despite a “communication breakdown” that led him last month to ask out of the case.
Background
Silva faces a single charge of murder in connection with the May 12 shooting death of Javon Zimmerman, a distant cousin, in the parking lot outside RJ’S Cafe in Derby.
Six days after the killing, police picked up Silva on an unrelated probation violation charge and held him in lieu of $250,000 bond. Detectives built a case against Silva while he was being held in jail and charged him with murder June 18.
According to the warrant, bad blood had been simmering between Silva and Zimmerman in the weeks leading up to the shooting.
Both had connections to an organized group who sold drugs in the Valley, police alleged.
Police believe the animosity was linked to Silva’s belief that Zimmerman’s family had stopped giving money to his jailed brother to use in a prison commissary.
Two witnesses had identified fingered Silva as the shooter, the warrant said. Silva told detectives he had feared for his life on the night of the shooting, but he stopped short of confessing to pulling the trigger.
Click here to read more about the warrant.
Motion To Withdraw
In the months since Silva’s arrest his family has grown frustrated with his lawyer, Lawrence Hopkins, who was appointed as a Special Public Defender in the case last June.
During an interview with the Valley Indy in January, Silva’s mother, Jacqueline Diaz, criticized Hopkins’ handling of the case.
Last month Diaz filed a grievance against Hopkins.
That led to Hopkins filing a motion to withdraw from the case March 26.
But, he told Judge Frank Iannotti at Superior Court in Milford Tuesday, that wasn’t the only reason he wanted to get out of the case.
“I really think it’s in Mr. Silva’s best interests to have another attorney,” Hopkins said. “Communications between him and I have been bad, at best.”
“I think he needs to get matched to an attorney he can speak to and trust,” Hopkins added, saying Silva’s family had “tremendous sway” over Silva.
Prosecutor Charles Stango offered the same critique, saying Silva “may be listening to (his family) more than he’s listening to his counsel.”
“I am concerned, (but) not for the state’s case,” Stango said. “I’m concerned, in a way, because Mr. Silva has a very good lawyer here who’s been appointed to represent him at no cost to him.”
New Lawyer?
Judge Iannotti then quizzed Silva, who said Hopkins hasn’t gone over the case with him and hasn’t given him police documents obtained as discovery from Stango.
“Should I allow Mr. Hopkins to withdraw, is your family able to hire private counsel?” Judge Iannotti asked.
Silva said yes, after which Judge Iannotti asked Silva’s parents if that was true.
They told the judge they hoped to have enough money to hire a private lawyer by June.
Judge Iannotti then told them that he would grant a continuance to July 9, but that the period from Tuesday to that court date would be excluded from counting toward the time a person in jail facing criminal charges has for demanding a speedy trial.
The judge then asked Hopkins to make that clear to his client.
“Now I’m supposed to wait again?” Silva said in an aside to Hopkins. “It’s your fault. You should have worked from day one.”
After the exchange, Hopkins told Judge Iannotti: “I think it’s time for us to part ways.”
Hopkins told the judge he’d provide Silva with all of his records in the case by April 30.
Diaz said after the court appearance that the family was hoping to talk to a private lawyer this week.
Previous stories:
Murder Suspect’s Mother: My Son Was A Target
Derby Murder Suspect Rejects Plea
Case Against Derby Murder Suspect Continued
Derby Murder Suspect Was Working With Ansonia Police Prior To Killing
Defendant Waives Hearing In Derby Murder Case
