Yet another delay in deputy’s manslaughter trial: ‘irreparable breakdown’ with attorneys
The trial for the Stanislaus County Sheriff’s Deputy charged with voluntary manslaughter has been delayed at least another eight months after he filed a motion saying there had been an “irreparable breakdown” in his relationship with his attorneys.
During a hearing on Feb. 11, a San Joaquin County Superior Court Judge granted Justin Wall’s motion for new counsel and to continue his trial that had been scheduled for March.
It was the fourth continuance granted since the trial initially was scheduled to begin in March 2020.
The charge against Wall stems from the February 2017 on-duty fatal shooting of Evin Olsen Yadegar after she led deputies on a low speed pursuit to Ripon from Salida, where she’d reportedly been in a physical confrontation with a security guard.
Yadegar had Bipolar I disorder, which is described as episodes of extreme moods, particularly mania. Her husband on the night of the shooting had reported to Modesto police that she was missing and could be a danger to herself, according to previous testimony.
Wall’s motion did not explain the breakdown in his relationship with his attorneys William Clark and Joseph Hoffmann, of Mastagni Holstedt, but said he’d lost confidence in them. The motion was prepared by those same attorneys and signed by Wall, who hand-edited and initialed a sentence to say he lost confidence in them in ‘early,’ rather than ‘late’ January.
The motion said he met with the attorneys in an attempt to restore confidence and the attorney-client relationship but “the breakdown is irreparable.”
Wall is now represented by Paul Goyette of Goyette & Associates.
Both Sacramento-area law firms represent police unions.
A declaration filed by Goyette said he wouldn’t be able to start trial until at least October but “preferably later.”
Goyette said in an email to The Bee on Monday that there is no guarantee the trial will start in eight months. His firm will be picking up the Wall file from Wall’s former attorneys this week.
“In terms of an October trial, I am hopeful that the case can go by then but there are numerous factors in play,” he said. “And remember, no new trial date has been set. October, 2021 was the earliest my calendar would allow a trial of this magnitude.”
Wall is still employed as a deputy but is working a modified assignment doing non-peace officer duties.
San Joaquin County Chief Deputy District Attorney Robert Himelblau in his response said he had no legal opposition to the continuance and cited case law that denying a defendant his right to substitute counsel could result in any conviction being overturned.
“However, the People is distressed with its inability to proceed to trial,” he wrote. “Defendant was charged in July of 2018. The preliminary hearing was held nearly two years ago ... confidence in the administration of justice in the eyes of jurors are impacted at undue delays such as in this case.
The trial was continued three times last year; first when a defense witnesses was stranded in Italy due to COVID-19 restrictions, then when Wall’s first attorney retired and again when the defense wanted time to hire an expert on sleep loss.
This story was originally published February 17, 2021 at 5:00 AM.
