By SUZANNE MOORE
Staff Writer
October 02, 2007 04:00 am
—
PLATTSBURGH -- A new attorney will be appointed for accused murderer Glen D. Race.
Clinton County Court Judge Kevin Ryan agreed to remove the Nova Scotia man's court-appointed counsel, Daniel Gaudreau, during a conference on Monday, after review of letters supporting the request from the defendant, his family, National Alliance on Mental Illness: Champlain Valley and the Mental Health Association of New York State.
Race, said Ryan, had indicated there was "not effective communication between his attorney, Mr. Gaudreau, and himself."
Race, who is accused of shooting and killing Darcy Manor of Mooers on May 10, sat with head bowed throughout the brief proceeding, two fingers propped against his lips. When Ryan asked if a change in counsel was what he wanted, Race gave a nod and signal of apparent approval with a double jerk of a pointed finger.
Clinton County District Attorney Andrew Wylie asked the judge to require Race respond verbally, and the man did so with a hoarse, "Yes."
The defendant, 26, accompanied in court by Gaudreau, wore a black- and gray-striped jumpsuit and shackles; unlike his June 7 arraignment in Mooers Town Court, Race's face was not obscured by a spit guard. Immediately after the conference, guards hustled him out of the courtroom.
He has been incarcerated in Clinton County Jail since June 7 and is not eligible for bail.
Wylie said a court deadline for motions by the defense looms Friday but, with new counsel yet to be named, the judge could grant an extension.
"Nothing's been filed yet," he said. "This is going to delay things."
A grand-jury indictment in August charged Race with first-degree murder, second-degree murder, first-degree robbery, third-degree burglary and three counts of fourth-degree grand larceny.
His plea was not guilty.
Manor, who was the father of two little boys and also a school-bus driver, auto-repair shop owner and volunteer firefighter, was working on a water system at a secluded camp on Drown Road in Mooers when he and Race allegedly crossed paths. The Canadian, who investigators say was on the run from committing two murders in the Halifax, Nova Scotia, area, allegedly shot Manor with a rifle stolen from the camp and absconded in the Mooers man's pickup truck.
Race was apprehended in Texas a few days later near the Mexican border, in possession of the firearm, police say, and a credit card belonging to Manor.
In late July, the results of court-ordered psychiatric exams found Race, who has schizophrenia, competent to stand trial.
Joel Pink, the Halifax attorney who represents the defendant's family, said the fact that mental-health agencies advocated for the change in attorney doesn't indicate a belief that Race was being treated any differently because he has a mental illness.
"I think it's basically communication," he said. "The parents, who are very involved in their son's well-being, have had difficulty communicating with (Gaudreau).
"I expect that the new lawyer will be appointed shortly," Pink said, "and we'll have to go from there."
Wylie has expressed his belief that a defense of insanity would not hold up in court and after Monday's conference emphasized the strong case New York State Police investigators have put together against Race.
Heather Manor, Darcy's widow, knew her husband's accused killer would be in court on Monday but wasn't aware just what would transpire.
"The DA is handling it," she said.
"I have faith in him -- he's doing an awesome job."
smoore@pressrepublican.com
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