A man accused of killing his wife still sat in a legal limbo Monday morning while waiting for a higher court to decide if he can change attorneys.
Judge Douglas C. Phimister ordered that the Grand Jury indictment of Todd Winkler was to remain sealed before addressing the matter of changing attorneys. After all the attorneys involved — Mark Ralphs, David Weiner and Erik Schlueter for the defense and Lisette Suder for the prosecution — approached the bench for a few minutes, Phimister recalled a warrant for Winkler from a second case and all the proceedings were stayed.
Writs of mandate had been issued by the state Supreme Court and the Attorney General’s Office to stay proceedings, the last of which was received by Phimister on July 11. It was to be sent to all counsel.
A new hearing was scheduled for Sept. 4, with Schleuter — who Winkler is trying to replace Weiner with — seeking to file an extension for an answer to the Supreme Court’s writ. The Grand Jury indictment will trail until then, Phimister said.
Winkler is accused of killing his wife, Rachel, during a fight on Feb. 27, 2012. He allegedly stabbed her in the throat with scissors, but claims that it happened during a struggle where she first tried to use the scissors on him, injuring his hands and inner thighs before he was able to wrestle the scissors away. He is being held in custody without bail.