The state's highest court must decide whether a six-year delay in bringing a Gwinnett County death penalty defendant to trial violated Khanh Din Phan's right to a speedy trial.
The Supreme Court of Georgia heard arguments Monday from defense attorney Christopher W. Adams. He said Superior Court Judge Ronnie K. Batchelor should have dismissed all charges against Phan because a "systemic breakdown" in the state's public defender system has left it chronically underfunded.
Khanh Dinh Phan is charged with multiple counts of murder, aggravated assault, aggravated battery and possession of a firearm during the commission of a felony in the Dec. 29, 2004 execution-style murders of Hung Thai, 37 and his 2-year-old son, Hugh Thai, over a gambling debt. He is also accused of shooting Hoangoah Ta, Thai's wife, who survived and identified him as the killer.
Adams said he went for years without getting paid for representing Phan and he still has not received all the money he needs to hire experts and travel with an investigator, translator and his co-counsel, Bruce Harvey, to Phan's home country of Vietnam to gather evidence.
Adams also argued that the trial judge should not have decided to remove him and Harvey from the case and replace them state Capital Defender's Office employees. Doing so violates Phan's right to effective counsel, Adams said.
District Attorney Danny Porter and Assistant District Attorney Lisa Jones argued that Adams was paid in full last year, and that his co-counsel, Harvey, has never submitted a bill. They said the delays were the fault of the defense attorneys, who requested numerous continuances, refused to accept payment on one occasion, and filed the pretrial appeals.
"Defense counsel doesn't want a solution, he wants his solution," Porter told the court.
The court has two terms, or generally about six months, to issue a ruling from the time a case is docketed.
Following two hearings in October and November of 2010, Batchelor ruled that Adams and Harvey should be replaced by employees of the Georgia Capital Public Defender's Office, who represent a more cost-effective alternative to the two contract attorneys.
Batchelor found that there had not been a systemic breakdown because a total of $140,000 is available for the defense through both the state and the Gwinnett County indigent defense systems.
The trial judge held that Phan's right to a speedy trial had not been violated.
Chief Justice Carol Hunstein asked Adams at one point if he was ready to try the case. He said if allowed to remain on the case, it would take 12 to 18 months to prepare for trial.
Porter said he could be ready to try the case in 30 days.
About the Author
