The trial of Mark Redwine is up in the air.
Redwine, who is accused of killing his 13-year-old son Dylan in 2012, is scheduled to go to trial Sept. 17. The 57-year-old Bayfield man was arrested in 2017 and charged with second-degree murder and child abuse. If convicted, he faces 16 to 48 years in prison.
But the trial was complicated last month after one of Redwine’s two public defenders, John Moran, was arrested on suspicion of misdemeanor assault and domestic violence.
Redwine’s other public defender, Justin Bogan, said during a court hearing Monday that Moran is on approved leave and could be gone until at least October. As a result, Bogan asked Judge Jeffery Wilson to delay the trial so a new attorney could be appointed to the case.
Moran was not in attendance Monday.
Bogan estimated it would take a new attorney six to nine months to get caught up on the case and be ready for trial.
As of Monday, neither Bogan nor Moran had entered an official motion for Moran to withdraw, which ultimately has to be approved by Judge Wilson.
Wilson, speaking to Redwine, said he has a right to a speedy trial, but at the same time, it’s important to have a defense attorney that is well-versed in the complicated case.
“For the most part, you’ve got one shot at getting this right,” Wilson told Redwine. “You know what you’re looking at in the amount of prison time.”
Wilson asked Redwine if he had enough information to decide to waive his right to a speedy trial and if he had any objections if Moran were to withdraw. Redwine said he did not, and that he was only “briefly advised” of the situation.
As a result, the court hearing went into recess for about 15 minutes so Redwine could consult Bogan.
After recess, Redwine, dressed in an orange jumpsuit and handcuffed, said he was willing to waive his right to a speedy trial and had no objections to Moran leaving the case.
District Attorney Christian Champagne, however, objected to delaying the trial another six to nine months, saying that two years is “beyond the pale” of enough time to be ready for trial. He said Dylan’s family, the community, as well as Redwine himself, deserve justice and a resolution to the case.
“Yet here we are again looking at another potential delay,” he said. “It’s an injustice to everyone involved.”
Champagne offered two alternatives: keep Moran on the case and go to trial in early November after he gets back from leave, or approve a new attorney to the case and go to trial in November.
Champagne said he was concerned no official motion has been filed requesting Moran’s official withdrawal, as well as the fact Redwine was only briefly advised of the situation.
“We’re concerned he doesn’t have all the information,” he said.
Elaine Hall, Dylan’s mother, attended the hearing through a conference call. She, too, objected to the trial being further delayed.
“It’s been 7 years since Dylan went missing … and our lives have been placed on hold,” she said. “We are really trying to move forward, but it’s hard when these issues are hanging over our heads.”
Wilson, for his part, did not come to a decision Monday whether he would grant a delay to the trial. He said he would make a decision in writing or orally to prosecutors and the defense within the next couple of days.
Redwine is being held in La Plata County Jail on $750,000 bail.