Found Deceased FL - Damion Tillman, Keven Springfield, & Brandon Rollins, massacred, Frostproof, 17 July 2020 #2

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I understood that MW lied to the grand jury and these charges were filed on the same date as the GJ instructions filed or 10/29.

Am I reading that MW needs a different attorney for perjury charges and one of her attorneys filed a motion to withdraw after the perjury charges filed?

No - from court site:
07/23/2020 ORDER WITHDRAWING AND APPOINTING COUNSEL 1 13

07/23/2020 ORDER RESCINDING ORDER APPT OFFICE OF CRIMINAL CONFLICT AND CIVEIL REGINAL COUNSEL AND APPT CA 2 14

07/24/2020 ASA of Record, WALLACE PAUL RICHARD 0 8
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07/24/2020 APD of Record, MILLS PETER NATHAN 0 9
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07/27/2020 ORDER GRANTING PRE-TRIAL RELEASE -ORIGINAL 4 15

07/28/2020 MOTION TO WITHDRAW AS COUNSEL 1 16

08/06/2020 NOTICE APPEARANCE OF COUNSEL - PA N MOHR

link: Welcome to Polk Records Online, the Polk County Clerk of Court’s consolidated case records search application. Please select from the available options.
 
@Niner...

Oops! I think you've missed that the Perjury charge might have a different case number, and yet another attorney Howard "Rex" Dimming II requested to withdraw from her case on Nov 3, and the motion granted on Nov 12, 2020 (see case detail below).

In the meantime, the office of Criminal Conflict and Civil Regional Counsel appeared for MH at her hearing on Nov 13, 2020.

Another motion filed on Nov 19 requesting CC&CRC (Ehrhardt) withdraw as counsel on the grounds of representational efficiency.

Although the motion above not yet granted on the court record, it appears the next attorney for MH (for the Perjury indictment) will again be Nicholas Mohr.

From the court site:

Case : 2020CF008397A000XX

Section : F1 WILLIAM D SITES

Case Style : STATE OF FLORIDA vs. WHITTEMORE MARY CLARE


Disposition : Open

Date Action Pages Sequence View
10/29/2020 CAPIAS ISSUED 2 1

10/29/2020 INDICTMENT FILED 2 2 [Perjury]
[..]
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11/03/2020 MOTION TO WITHDRAW AS COUNSEL 1 11

11/10/2020 ORDER WITHDRAWING AND APPOINTING COUNSEL (RC) 2 12

11/13/2020 NOTICE APPEARANCE OF COUNSEL (RC EHRHARDT) 1 13

11/13/2020 DEMAND/NOTICE FOR DISCOVERY FILED 3 14

11/19/2020 MEMO OF COURT (SNAPOUT) 11/18/20 1 15

11/19/2020 INSERT HEARING FOR THE DATE: 2/2/2021 0 16
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Reason: PRET--PRE-TRIAL CONFERENCE BY LAWAPERK
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11/19/2020 MOTION TO WITHDRAW AS COUNSEL

ETA: add link file
 

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  • 20201123_PROCaseReport_criminal.pdf
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can anyone with legal experience explain the possible reasons for so many lawyer withdrawals from her case?
thanks!

In practice, it's actually not easy to withdraw from a case but this is no ordinary crime involving multiple defendants from the same county (Polk County).

In Florida, every county has a typical Public Defender's office but when the cost and need were sufficient, the 2007 Florida State legislature acted to create five Regional Counsel Offices (Statute 27.511) specifically to represent indigent persons in three classes of cases:

1) criminal conflict cases that the court grants the Public Defender's motion to withdraw and appoints the OCCCRC,

2) dependency and civil cases, and

3) certain statutorily authorized civil commitment proceedings.

OCCCRC also handles appeals and post-conviction motions.

Relative to Mary Whittemore's multiple changes in counsel, they've essentially all been administrative withdrawals because of direct conflicts of interest with defendant TG charged in the same case.

After the Polk PD and the Office of Criminal Conflict and Civil Regional Counsel (OCCCRC), each had to withdraw for direct conflict of interest, the court-appointed an attorney in private practice to represent MW.

Most recently MW was appointed another lawyer from OCCCRC to represent her on the Perjury charge but after there was a motion by the office citing to withdraw as counsel on the grounds of representational efficiency, the court agreed and appointed her current, private attorney (N Mohr) to also represent her on the perjury charge.
 
thanks Seattle1!
the "representational efficiency" rationale for withdrawal still makes me scratch my head and chuckle.
I could see how "representational inefficiency" could be a reason....

I'm aware of the Jodie Arias defense counsel, Kirk Nurmi, who tried unsuccessfully for years in withdrawing.
If I remember correctly, he didn't like Arias personally but also wanted to get started on his private practice and was worried about negative publicity.
 
I don’t know if it’s “officially” done this way but being in a small community, I’ve known of judges to appoint Attys from out of town with higher profile cases where I’m sure locals are happy to stay clear.
 
I don’t know if it’s “officially” done this way but being in a small community, I’ve known of judges to appoint Attys from out of town with higher profile cases where I’m sure locals are happy to stay clear.

In the public defense arena, this actually occurs often out of necessity.

For example, yesterday we had sentencing in Superior court of a small county for three brothers, two mothers, 1 girlfriend, and 1 outsider-- all involved in the murder of a 16-year-old resident more than two years ago.

While the court was able to use technology to match attorneys from around the state to represent the multiple defendants (i.e., zoom meetings, etc.), I'm glad the case never went to trial because it would have been impossible to seat a local jury.

It's one thing to import lawyers but I don't ever want to witness the perils of importing jurors when a change of venue is rejected!
 
DNA evidence found in Frostproof triple-slaying, detectives say

Nov. 28, 2020

BARTOW – Not only has accused killer Tony Wiggins Jr.’s brother cast him as the gunman in July’s triple homicide near rural Lake Streety in Frostproof, but detectives now have found DNA evidence indicating he was there, according to court records.

A shell casing found on the ground at the scene appears to have Wiggins’ DNA on it, according to a Polk County Sheriff’s Office report.


a lot more in article. Also about TJ's truck -
 
I would have expected more DNA to be there. This was Florida in mid July and the report said that TW punched Keven Springfield before the shooting. They also moved the body of Damien after the murders. It just seems they would have almost “sprayed” their DNA all over that place with it being so hot and humid. All just my own opinion.
 
From the article - the younger brother hoped to collect the $30k reward.
Didn't the sheriff say in one of his pressers that Frostproof citizens would turn in family members to collect the cash?
He really knows the people of his county!
 
From the article - the younger brother hoped to collect the $30k reward.
Didn't the sheriff say in one of his pressers that Frostproof citizens would turn in family members to collect the cash?
He really knows the people of his county!
Grrrrrr :mad::mad::mad:... so the brother that was present at the scene and failed to warn the victims that TJ had a gun and to run, leave, drive away, also wanted to collect the reward money?
 
Finally learning more regarding the allegation by TJ that KS stole his truck engine but now it appears the engine was installed in Damion's truck because a third party gave it to Springfield (because he worked at dad's shop):

On July 30, two weeks after the shootings, detectives discovered through vehicle identification numbers that the engine in Tillman’s truck had come from T.J. Wiggins’ 2006 Chevrolet truck, which led them to Ernest Martinez in Frostproof. He said Wiggins had brought the truck to his father’s shop after they were told to leave the property where they were staying. Wiggins said he would pick it up the next day, but after six weeks went by, Martinez wanted to get rid of it, reports stated. Since Springfield had been helping at the shop, Martinez told detectives, he gave the truck to him, and never told the Wiggins brothers where it went.

The day after discovering that Wiggins’ engine was in Tillman’s truck, detectives received more DNA evidence linking Wiggins with the killings – Tillman’s DNA was found on a seatbelt in Wiggins’ 2006 Chevrolet pickup, court records show.

DNA evidence found in Frostproof triple-slaying, detectives say
 
Finally learning more regarding the allegation by TJ that KS stole his truck engine but now it appears the engine was installed in Damion's truck because a third party gave it to Springfield (because he worked at dad's shop):

On July 30, two weeks after the shootings, detectives discovered through vehicle identification numbers that the engine in Tillman’s truck had come from T.J. Wiggins’ 2006 Chevrolet truck, which led them to Ernest Martinez in Frostproof. He said Wiggins had brought the truck to his father’s shop after they were told to leave the property where they were staying. Wiggins said he would pick it up the next day, but after six weeks went by, Martinez wanted to get rid of it, reports stated. Since Springfield had been helping at the shop, Martinez told detectives, he gave the truck to him, and never told the Wiggins brothers where it went.

The day after discovering that Wiggins’ engine was in Tillman’s truck, detectives received more DNA evidence linking Wiggins with the killings – Tillman’s DNA was found on a seatbelt in Wiggins’ 2006 Chevrolet pickup, court records show.

DNA evidence found in Frostproof triple-slaying, detectives say

That is absolutely bonkers.

So this guy is tired of hosting Wiggins' old truck and hands it off to Springfield, who then harvests the engine and is confronted and murdered along with his two friends by Wiggins, who has somehow found out that Springfield has his old truck engine and wants revenge for the "theft."

It's like chaos theory for criminals.
 
I'm recalling a case in another Southern state where a defendant left a vehicle at an auto repair business and failed to collect the vehicle after 30 days. By state statute, the shop owner was able to charge daily storage for the abandoned vehicle, and auction the vehicle after 30 days complete with a replacement title from the state DMV.

It makes me sad that three young men lost their lives allegedly over property that TJ may have forfeited when he failed to collect his truck after more than six weeks. (I've not researched FL statute but I think it's possible the TJ's vehicle was deemed abandoned).

I recall Damion had several photos of a red GMC truck on his fb. I also wonder if the third party (Martinez) gave the engine to KS in lieu of wages owed to him for working at the shop....

I don't know why I keep looking for reasons for the unthinkable and just accept that TJ is a bad dude.

MOO
 
Do you think that Damion knew the engine in his truck was originally TJ's?
I'm not a car/truck experty, but why would he need a new engine anyway?
Perhaps just to get a more powerful one for running in the "mud hole?"
 
Do you think that Damion knew the engine in his truck was originally TJ's?
I'm not a car/truck experty, but why would he need a new engine anyway?
Perhaps just to get a more powerful one for running in the "mud hole?"

I can't say for certain or with any authority but I think these were late-model vehicles (2006-ish) and unless you're only driving to weekly church service and the grocer, you'd probably be ready for an engine after 10 years so 27 years would be overdue for a newer or rebuilt engine.

I'm sure somebody can determine the year of DT's truck from his FB but I don't have that talent. Actually, I check the warrants.

MOO

ETA: The probable cause affidavit identifies DT as victim #3 and states he was found deceased in the bed of his 1993 Red Chev S-10 pickup truck. I can't confirm if TJ's 2006 Chev engine was located installed in the 1993 truck but assuming this is true, that would be an upgrade, newer engine.

OK, in response to the question, what is the biggest motor that can be put in a Chevrolet S-10 pickup, on blogs such as CarGurus, I don't see where using the 2006 engine would be a problem. MOO
 
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