Change in defense postpones Columbus death-penalty trial until 2019

The Columbus death-penalty trial once set for Oct. 1 now is postponed until next year.

After Brandon David Conner’s private lawyers argued Monday that their client is out of money and needs a state-funded defense team, Superior Court Judge William Rumer ordered the case removed from his October docket and set the next hearing for 1:30 p.m. Jan. 14.

The Georgia Office of the Capital Defender will take over Conner’s representation, though one of his two private attorneys, Mark Shelnutt, may remain on the defense team to facilitate the transition and offer advice.

Jerry Word, director of the capital defender’s office, told Rumer at Monday’s hearing that his staff is prepared to assume Conner’s defense.

“After hearing the evidence, the court orders the substitution of defense counsel and orders that the Office of Capital Defender shall take over representation of the defendant in this case from this day forward,” Rumer wrote in his order.

“Mr. Word stated that the capital defenders may keep Mr. Shelnutt as third chair in an advisory capacity and as a bridge between teams that have worked on Mr. Conner’s defense,” the judge added. “Because of this change in representation, the trial on October 1, 2018, is not possible.”

Shelnutt told the court Monday that Conner has had no income since his arrest in the deaths of his girlfriend and infant son in 2014. Both his parents were working when they hired Shelnutt and partner William Kendrick four years ago, but Conner’s father since has died, depriving the family of that income, Shelnutt said.

Conner’s mother still is working in Texas, but she can’t afford to take on the legal expenses alone, so Conner needs an indigent defense team, Shelnutt told Rumer: “He is no longer capable of funding any more of his defense.”

Word told the court his office was ready to take over: “The only thing we ask is sufficient time to prepare the case properly,” he told Rumer.

Senior Assistant District Attorney Don Kelly told the court then that an extended delay was likely, if Conner changed attorneys: “There’s just no other way around it,” he said.

Conner, 39, is accused of fatally stabbing 32-year-old Rosella “Mandy” Mitchell and killing their 6-month-old son Dylan Ethan Conner before setting their 1324 Winifred Lane home afire on Aug. 21, 2014.

The fire was reported at 12:35 a.m. About 30 minutes later, Officer Jason Swails saw Conner’s blue 2001 BMW turn from Wynnton Road onto Cedar Avenue in midtown as Conner parked near Davis Broadcasting, where he worked. Conner then sat in the car for 10 minutes, the officer said.

Finding that suspicious, Swails questioned Conner, who told the officer he had just left work to get some food, but changed his mind and returned. Swails said he knew that wasn’t true, so he arrested Conner for breaking a city law against lying to police.

Because police routinely search suspects being detained, officers checked Conner’s pockets, and found a bloody, yellow dishwashing glove, a bloody baby wipe, a cigarette lighter and an extended grill lighter.

Learning of the bodies found on Winifred Lane, police had Conner’s BMW impounded, and got a warrant to search it. Inside they found a bag of bloody clothes, a bottle of bleach and a bent steak knife with blood on the handle, they said.

Arson investigators searched the burned home with a dog that alerted to flammable liquids poured in three places. They also found a gas can stored in a closet. An autopsy revealed Mitchell was stabbed multiple times in the throat and torso. Authorities have not said how the infant died.

On April 14, 2015, a grand jury indicted Conner for murder, aggravated battery, first-degree arson and using a knife to commit a crime. Six days later, Slater filed notice she would seek the death penalty.

This story was originally published September 21, 2018 at 3:44 PM.