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Eric J. Dirnbeck, public defender appointed to represent Mary R. Jophlin, said he would be filing a motion to withdraw as her attorney during his client's Wednesday afternoon court appearance.
Dirnbeck said after reviewing the witness list he discovered a conflict of interest with one of the witnesses and said he would file a motion to withdraw from the case within 14 days.
Judge Tom Tedeschi said the state would have 14 days to respond to the motion and set a court date of Feb. 15 for a pre-trial and motion hearing.
Jophlin is accused in the death of her 8-year-old daughter Alexus Smothers, whose body was found July 19 in the basement of a West Frankfort home.
State's attorney Evan Owens filed information in the case against the defendant in July 2011 and later amended information saying Jophlin drowned her daughter with the use of her hands, water, another object, or a combination thereof, knowing such an act created a strong probability of death or great bodily harm to Smothers, thereby causing her death.
Owens cited aggravating factors saying the murder was accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty.
Eric J. Dirnbeck, public defender appointed to represent Mary R. Jophlin, said he would be filing a motion to withdraw as her attorney during his client's Wednesday afternoon court appearance.
Dirnbeck said after reviewing the witness list he discovered a conflict of interest with one of the witnesses and said he would file a motion to withdraw from the case within 14 days.
Judge Tom Tedeschi said the state would have 14 days to respond to the motion and set a court date of Feb. 15 for a pre-trial and motion hearing.
Jophlin is accused in the death of her 8-year-old daughter Alexus Smothers, whose body was found July 19 in the basement of a West Frankfort home.
State's attorney Evan Owens filed information in the case against the defendant in July 2011 and later amended information saying Jophlin drowned her daughter with the use of her hands, water, another object, or a combination thereof, knowing such an act created a strong probability of death or great bodily harm to Smothers, thereby causing her death.
Owens cited aggravating factors saying the murder was accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty.
