Lawyer removed in death penalty case

Allen County Superior Court Judge Fran Gull removed Nikos Nakos during a hearing Friday morning.

Posted: Jan 26, 2018 8:49 PM
Updated: Jan 26, 2018 10:29 PM

FORT WAYNE, Ind. (WFFT) - The attorney for Marcus Dansby was removed from the case.

Allen County Superior Court Judge Fran Gull removed Nikos Nakos during a hearing Friday morning.

Nakos has been working the case for nearly two years, visiting the jail at least once week to meet with Dansby.

"It was very unfortunate. I felt really bad for Marcus in particular and of course his family as well," Nakos said.

Dansby is accused of killing Consuela Arrington, 37; Traeven Harris, 18; Dajahiona Arrington, 18; and Dajahiona Arrington's unborn child September 11, 2016 on Holton Avenue.

Nakos said Friday's order violates Dansby's Sixth Amendment rights.

"The most important person in that proceeding is Marcus Dansby," Nakos told WFFT. "He wanted me because of his distrust of the system and today probably didn't give them much more trust."

Thursday, Nakos filed a motion asking judge Fran Gull to remove herself in the case.

"Marcus didn't feel he was being treated fairly. I put it down in paper and filed it yesterday and today she removes me from the case," he said.

Nakos said one reason Gull gave to remove him was because the mitigation process hasn't started.

However, court records show Gull appointed the mitigation expert July 5, 2017.

"Then approximately 23 days later, she writes and says 'If i don't get more information, I'm going to cut her fee.' That upset the mitigation expert and she resigned," said Nakos.

The Allen County Prosecutor's office is seeking the death penalty in the case.

Those trials usually cost more.

Nakos said he was just starting to with the public defenders office to help keep disposition costs down.

"Unfortunately the Dansby's don't have a lot of money. Obviously taking depositions, there's a lot of depositions I had suggested that they couldn't afford, but now with the public funding," Nakos said.

The Allen County Prosecutor's office doesn't comment on pending cases.

Dansby is expected to go on trial next year.

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