Ng’s Attorney Wants to Quit Mass-Murder Case

SANTA ANA —  The attorney representing accused mass-murderer Charles Ng told an Orange County Superior Court judge Wednesday that he wants to quit the case because of a breakdown in communications with his client.

“Given the state of my relationship with Mr. Ng right now, I would literally have one hand tied behind my back because he’s never going to trust me,” Deputy Public Defender William Kelley said.

The criminal proceedings in the long-awaited trial were suspended last week by Judge John J. Ryan so that a hearing on Ng’s competency could be held first.

At issue is whether the former Marine is mentally competent to stand trial for the murder of a dozen people in 1984 and 1985 in the Sierra Nevada foothills.

Defense attorneys say Ng is not competent to stand trial. The defendant claims to have a mental illness that prevents him from putting his trust and confidence in his current attorney.

Kelley, who is well respected in the legal community, told the judge that Ng’s alleged mental illness stems from what Ng believes is Kelley’s “incompetence.”

Kelley contends that a competency trial would not even be necessary if he were to be replaced by Michael Burt, the San Francisco public defender who was Ng’s original attorney and is representing him on a separate murder charge in that city.

Ryan said the competency trial must be held regardless of who ultimately represents Ng. That hearing is scheduled for late March or early April. Ng’s criminal trial is scheduled to begin in September. He has pleaded not guilty.

The judge had appointed Burt to join the existing defense team last fall, but the San Francisco attorney said last week that joining Kelley and the existing defense team was an “unworkable situation.” It is not yet known if Burt would be willing to join if Kelley stepped down.

Ng has fought for years to have Burt appointed to the case, including filing numerous legal motions since 1991. At one point, he demanded to represent himself.

It has all led to numerous delays in a case that began shortly after Ng’s 1985 arrest in Canada. He fought extradition for six years until Canada’s Supreme Court sent him back to California.

Kelley contended that he had a conflict of interest in the competency trial. He said he would have to testify at the trial because it is his opinion that his client is incompetent to face the charges against him.

He requested that an independent attorney be appointed but Ryan denied the request, a ruling that was upheld this week by the 4th District Court of Appeal.