Judge Denies Accused Shooter's Bid to Fire His Attorneys

A man accused of trying to murder three college students of Palestinian descent will not be allowed to fire his public defenders, a state judge ruled on Friday. The decision came after a lengthy, contentious hearing that included a speech in open court by defendant Jason Eaton, who allegedly opened fire on the young men in Burlington last November.

Eaton's court-appointed attorneys hinted that their relationship with him frayed, in part, when they began probing unspecified "mental health conditions." Eaton, in his remarks, complained that Vermont's public defender system is underfunded and overstretched.

But Eaton and his attorneys were reluctant to share further specifics about their dispute because they feared the discussions would undermine his right to a fair trial. They had asked to hold the hearing in private, without the media or even prosecutors present.

Judge Kevin Griffin on Friday ultimately declined to close the hearing, describing Eaton's request as "extraordinary" and without "legal support." The judge said he'd never before encountered a demand that state prosecutors be barred from the proceedings, too.

Eaton's public defenders, Peggy Jansch and Sarah Varty, told the judge that their client no longer trusted them to handle his case. The relationship had deteriorated as they were doing investigatory work and beginning to formulate a defense strategy, the attorneys said.

Griffin was unpersuaded. He appeared frustrated at times as he repeatedly told Eaton that the attorneys were some of the best in the county and could leverage the resources of the state public defender's offices. Based on the vague explanations provided by Varty and Jansch, the judge said he suspected Eaton may seek to fire a replacement lawyer, as well.

Varty insisted that Eaton would be able to persuade the judge more effectively if he was allowed to describe the problems more candidly in a closed hearing. Griffin, she said, was putting her client in a bind by not allowing him to do so.
After Griffin denied his request for new counsel, Eaton stood up and asked permission to represent himself as he faces three counts of attempted murder. Griffin denied that request, too, calling it premature.

"Right now, you have two great lawyers in a great office to represent you," Griffin told Eaton, who sat between his public defenders at the defense table.

"I don't understand your bureaucracy, but whatever you say, sir," Eaton replied. "We'll proceed as you dictate."

Eaton, who arrived at the hearing from prison carrying his own folder labeled "legal work," then told the judge that he'd prepared a version of his request for new counsel that he was comfortable sharing publicly.
Standing between his lawyers, Eaton read from a statement, at times turning to look at the reporters and TV crews seated behind him. Eaton criticized his public defenders' "excessive" workloads and complained that the state defender general "tends to undervalue and undercompensate attorneys like mine." He then requested an attorney from the defender general's serious felony unit.

Griffin, again, was not amused. He said Eaton did not need to "lecture" him about the structure of the public defense system in Vermont.

"The overwhelming concerns that you've articulated are the strapped resources of every aspect of the criminal justice system," the judge said.

Griffin urged the attorneys to keep working to meet the existing case deadlines.

Despite Griffin's decision, Eaton will get at least one new lawyer soon: Varty, the cocounsel on his team, is departing the public defender's office later this summer.