Attorney for murder suspect pulls out after conflict arises
A preliminary hearing scheduled Thursday for a Butler man accused of fatally stabbing his estranged wife last year was continued after his attorney notified court officials of a possible conflict of interest in the case.
Public defender Richard E. Goldinger, who is representing Denny Winner Sr., said in court papers that he only discovered the conflict Friday.
"The substance of this conflict is protected by attorney-client privilege," Goldinger said in court documents.
Goldinger could not be reached for comment Wednesday.
Kevin Flaherty, administrator/first assistant public defender, said the conflict involved the public defender's office and Winner.
"This was a clear cut conflict and we made the court aware of it," Flaherty said.
Butler County President Judge Thomas Doerr could decide to appoint a new attorney to represent Winner, who lacks financial assets to hire a private attorney, or he could schedule a hearing on the matter.
Winner, 44, of 117 Mercer St. is accused of stabbing Lynette Winner, 36, at her Columbia Street duplex during an argument Nov. 20. Lynette was stabbed seven times in the chest; three of the wounds pierced her heart, according to an autopsy.
Butler police said Winner left his wife's body at the apartment until he returned Dec. 3, placed a mattress over the body and set it on fire in an attempt to cover up the slaying.
Police on Dec. 15 arrested Winner and charged him with homicide. He remains in the Butler County Prison without bond.
Butler County District Attorney Tim McCune told District Judge Pete Shaffer, who was to preside over Winner's preliminary hearing, that he received Goldinger's motion reporting the conflict on Tuesday.
McCune said he has no other information about the conflict.
Shaffer, meanwhile, explained the developments to Winner, seated alone at the defense table, dressed in prison fatigues and in handcuffs and ankle shackles.
"I don't know what the reason is," Winner told Shaffer of the conflict.
Goldinger's motion asks the court that "an attorney be appointed to represent the defendant in the case."
Shaffer continued Winner's hearing pending the court's decision's whether a new attorney would be appointed for Winner.