Cortez SimsA Hamilton County judge held his ground Monday, refusing to let a defendant switch attorneys with his murder trial less than 60 days away.
"I'm going to deny your request to be removed from the case," Judge Barry Steelman told attorney Brandy Spurgin - and, by proxy, her client Cortez Sims, a 19-year-old man accused of killing one and wounding three others during a January 2015 shooting at College Hill Courts.
That caused a mild stir.
"You're forcing me to go to trial with a lawyer I don't want?" Sims asked.
"I'm not answering any more questions," Steelman said.
Sims continued to protest, but Steelman ordered a courtroom officer to send him back to custody. Then, as Sims grumbled while being led away, Steelman repeated, "I'm not answering any more questions."
He told attorneys to return Sept. 1 at 9 a.m. and moved on to another case. Reached for comment, Spurgin said she could not discuss the case.
The latest development in the high-profile murder case capped off a two-week melodrama that kicked off earlier this month.
Sims reported to the courtroom from jail on Aug. 8 because attorneys needed to address a handful of outstanding motions: whether prosecutors could prove that a black hoodie bearing gunshot residue belonged to him; whether gang affiliation would play a role in the trial; and whether it would be helpful or hurtful for jurors to hear a victim's identification of Sims as the shooter.
These pieces of information are often crucial to a jury's perception of the facts during a trial. Therefore, attorneys on both sides tend to argue fiercely during such evidentiary hearings.
In Sims' case, they haven't had the chance. On Aug. 8, the 19-year-old walked into the courtroom with an important announcement: He wanted to fire Spurgin, his attorney since July 2015. And because he filed an official complaint with the Board of Professional Responsibility, a state body which oversees Tennessee lawyers, Spurgin had to file a motion to withdraw.
After a lengthy discussion that day, Steelman didn't make a decision either way. He gave Sims two weeks to think about whether he could find counsel that would be prepared by his Sept. 27 trial date.
On Monday, Spurgin said she would not be comfortable representing Sims any more because of an irreconcilable conflict.
"We've both been put in an adversarial situation rather than both of us being able to work together," she told the courtroom. "I believe that could and would affect my representation moving forward."
She continued: Any delay, if her absence caused one, wasn't unreasonable. The Sept. 27 trial was the first date set, she was the first lawyer to make an appearance on his criminal indictment (Sims was transferred to Criminal Court after a Juvenile Court hearing, where he had a different attorney).
"How many lawyers does he get?" Steelman asked.
"I believe that is a case-by-case analysis," Spurgin replied. "I've seen plenty of cases where it's the fourth or fifth or even beyond that."
Steelman told Spurgin her motions "appear[ed] to be an effective assistance of counsel."
Then he moved on to Sims: What more could Spurgin do for him?
"Get off my case," Sims said.
"What could she do for you, as a lawyer?" Steelman asked. "What would another lawyer do that she has not done?"
"Get off my case," Sims repeated.
"That's not what I'm asking," Steelman said.
Sims pivoted, saying Spurgin could care more about getting him out of jail instead of being so nonchalant. "There's different things that I have asked her to do. It's very technical."
In response, Steelman told Sims to write Spurgin's "technical" shortcomings on a piece of paper and hand it to him.
"I'd rather not do that," Sims said.
"Well, I didn't ask what you'd rather do," Steelman said. "I ordered you to do it."
Sims waffled on the request, saying prosecutors would use the information against him.
"What's the rule?" he asked the judge.
"I said it," Steelman replied. "So that's the rule."
Sims never wrote anything down. So Steelman ruled he and Spurgin would remain together, set another court date, and the large crowd that had gathered in the gallery for the hearing flooded into the hallway.
Contact staff writer Zack Peterson at zpeter son@timesfreepress.com or 423-757-6347. Follow him on Twitter @zackpeterson918.