Jessie Stensland reports from Island County Superior Court for the Whidbey News-Times.
A 36-year-old Oak Harbor man accused of rape and kidnapping will not get a new attorney ahead of a trial next week.
Both Robert C. Boese and his attorney, Matt Montoya, asked Island County Superior Court Judge Christon Skinner to allow them to part ways. But the request put the judge in a unique quandary.
Montoya filed a motion to withdraw this week because of his inability to communicate constructively with his client. In court March 20, Boese argued in favor of the motion, saying he did not have confidence in the attorney.
The problem, however, is that Boese refuses to waive his constitutional right to a speedy trial. The 60-day speedy trial deadline is next week, which means the trial needs to happen.
They Said It
Skinner said there’s no way that a new attorney could get ready for the trial in that short of time; he doubted that any attorney would even take the case if the trial was a week away.
In the end, Skinner ruled that he had no choice but to deny the motion since Boese would be significantly disadvantaged if assigned a new attorney who didn’t have adequate time to prepare. He made a point of saying he’s worked with Montoya for many years and considers him a vigilant, competent attorney. Montoya has held the county’s public defense contract for many years and has gone to trial in many serious cases, including murders. He was even featured in a national TV news story when he represented a high-profile murderer.
