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January 12, 2007
Dad: Boy a pawn in 'ego contest' between lawyers
Topics: NewsJimmy Ryce's father feels his murdered child has become a 'pawn' in a political battle between public defenders.
BY SUSANNAH A. NESMITH
snesmith@MiamiHerald.com
Don Ryce left court Thursday feeling victimized again by a court system he felt had been hijacked by bickering attorneys who had lost sight of his murdered son.
''What really upsets me is to have our son, Jimmy, become a pawn in some ego contest between Art Koch on the one hand and the public defender on the other,'' Ryce said.
Ryce attended the third day of hearings in Juan Carlos Chavez's bid to get his conviction overturned, or at least get off Death Row, for the murder of 9-year-old Jimmy Ryce.
Chavez is claiming that his attorneys were ineffective during his 1998 trial.
His claim has been bolstered by his primary lawyer, former Assistant Public Defender Art Koch.
'LUDICROUS' CLAIM
Koch testified this week that Public Defender Bennett Brummer told him not to do his best in defending Chavez because Brummer was worried about the political fallout from the high-profile case during an election year. Brummer called the claim ''ludicrous'' when he testified Wednesday.
For Ryce, and his wife Claudine, the recent hearings have dragged up old memories and forced them to relive images of their son dying. And they don't see the point.
''Sure, we need to make sure someone is guilty, but you don't do it by dragging everything out and game-playing,'' Don Ryce said Thursday.
`WAY TOO LONG'
''As lawyers, we understand and, as Americans, we understand that in capital cases you go out of your way to make sure you've done the right thing, but it's been 11 years. It's way too long,'' he added.
Ryce said he found insulting the claims that defense attorneys didn't work hard enough on the case.
''To us, it's a farce to claim that anyone was pulling any punches,'' he said. ``We even agreed to exhume the body before they backed off.''
The hearing, which began Tuesday, is scheduled to continue Jan. 23, with a doctor expected to testify about Chavez's mental and emotional state as a result of a difficult childhood.
Chavez is arguing that his attorneys should have called the doctor to testify on his behalf during the trial.
Chavez confessed to detectives that he raped and killed the boy and led them to crucial evidence in the case, the boy's dismembered body in concreted-over planters near his home.
Later he recanted his confession and testified at his trial, blaming another man for the child's murder.
Posted by admin at January 12, 2007 5:23 AM
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