Todd Winkler appeared in court Monday afternoon to determine whether David Weiner would be relieved as his defense council, only to come out of the hearing with no decision made.
Judge Douglas C. Phimister explained to Winkler, who appeared with both Weiner and defense attorney Erik Schlueter — who will take over as counsel if Weiner is relieved — that Dec. 17 is the deadline for the response on relief of counsel from the Attorney General’s Office. Schlueter will then have 10 days to file a reply.
The writ will then be heard in Court of Appeals, where a decision will be made. Until then, Weiner will remain council of record. The decision, Phimister said, is unlikely to come before the new year.
The next hearing on the matter will take place on Jan. 14 at 1 p.m. in Department 7 to determine who will be Winkler’s council. An order from Oct. 29, relieving Weiner, will be stayed until then.
“Hopefully,” Phimister concluded, by then “we will have a written opinion on what they decide.”