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Defendent requests new attorney, change of venue, recordings and transcripts and gets none of it

By Howard B. Owens

Charles Schilling, who has already had to change attorneys once, had several requests for County Court Judge Charles Zambito today: he wants a new attorney; he wants a change of venue; he wants a copy of the Grand Jury transcripts; he wants a copy of any of the discovery gathered in his case; he wants tapes or transcripts of calls he believes were recorded. 

He was very polite to Zambito while reading the statement he prepared and in responding to Zambito's questions or statements, but much of what he asked for, he isn't getting.

Schilling, a resident of Akron, but currently being held in the Livingston County Jail, was indicted on counts of second-degree burglary and second-degree criminal trespass a year ago. The charges stem from an apparent dispute with a woman in Pembroke. On Thanksgiving Day, Schilling was reportedly shot in the leg by the woman's father after he allegedly broke into their home.

Public Defender Jerry Ader became Schilling's attorney suddenly a couple of weeks ago after the private attorney who had been handling the case quit. Apparently, there were phone conversations between Schilling and the attorney that prompted the attorney to quit the case.

Schilling said he was just trying to ensure he was getting good representation because his parents laid out $15,000 for his defense. He wanted tapes of the conversations he had with his attorney because he believes the recordings, which he believes exist, would exonerate him of the accusation of speaking inappropriately to the attorney.

Zambito told him he has a new attorney, he's keeping his new attorney because he failed to show adequate cause for new appointed counsel, and any issue with his prior attorney was settled, as far as the court is concerned, once the attorney was removed from the case.

Schilling said he doesn't believe he can get a fair trial in Genesee County because he believes his troubles in the Genesee County Jail -- the reason he's being held in Livingston County -- will spill over into his trial.

Zambito denied his request for a change of venue.

Assistant Public Defender Robert Zickl said Schilling isn't entitled to copies of the Grand Jury transcripts, by statute, until his case goes to trial, and he shouldn't have them until then, and Zambito agreed.

Schilling also claimed that a person involved in the case was involved in making a pornographic video that can be found online and he wanted information on the investigation into the video.

Zickl said there is no such video; there is no investigation and there won't be an investigation.

As for other discovery, Ader is in the process of obtaining those documents and statements and asked for another 30 days to obtain and review the material.

Christopher Putnam

Really? To me it sounds like the guy is being railroaded. Change of Venue cost the taxpayer very little, other courts will be open anyway. If there is cause to have him held in Livingston because he cannot even be impartially jailed in Genesee, then i would say its self evident that his trial should be in Livingston also.

Jun 1, 2017, 10:46am Permalink

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