Prosecutor wants suspended Columbus DA’s attorney disqualified in misconduct case
The prosecutor in suspended Columbus District Attorney Mark Jones’ upcoming trial for alleged misconduct in office has asked the judge to disqualify Jones’ attorney Christopher Breault.
The move was expected after Deputy Attorney General John Fowler filed earlier motions naming Breault in the prosecution’s evidence of Jones’ pattern of conduct in pursuing murder cases.
Breault said Tuesday that he believes Fowler named him in prosecution motions with the intent to get him disqualified.
“The authorities know they can’t beat DA Mark Jones on a fake case if I am his lawyer,” Breault texted the Ledger-Enquirer. “They are doing everything they can to get rid of me. Like him or hate him, Mr. Jones deserves a fair trial with the counsel of his choosing.”
Fowler has alleged that Breault, acting on Jones’ behalf, used Facebook messaging to contact a witness in a murder case Jones was prosecuting, trying to persuade the witness to come to court to testify.
The exchange showed Breault told the witness, identified as Andrew Loyd, that he faced arrest if he did not cooperate, and that Breault could ensure he was not jailed, Fowler wrote.
Loyd was a witness in the case against Drevon Johnson, accused of fatally shooting Richard Collier during a fight at a party on May 14, 2016. That case ended in a mistrial April 28 because of a hung jury, and Jones afterward vowed to retry Johnson in Collier’s death.
Because Breault’s negotiating with Loyd over Facebook now could be evidence in Jones’ Nov. 8 misconduct trial, Breault is a potential witness who could be called to testify, so he should not be permitted to remain as Jones’ attorney, Fowler argued.
“Mr. Breault’s conversation with the murder witness is evidence of motive. That is, it demonstrates the length to which Mr. Jones will go to obtain the witness’ testimony,” the prosecutor wrote.
He alleged that Jones wanted Loyd arrested for murder just to have him secured in the county jail before Johnson’s trial.
“If the witness is in custody, Mr. Jones can easily locate the witness to call him for trial,” Fowler wrote.
Breault’s testimony is necessary because this evidence cannot otherwise be elicited in court, the prosecutor said:
“In the instant matter, Mr. Breault serves two purposes: (1) Mr. Breault is the only person who can overcome the hearsay objection to his statements in the Facebook messages. The testimony of the murder witness cannot do that. (2) Mr. Breault’s conversations with the Defendant are important to establish how Mr. Breault came into contact with the murder witness.”
Fowler filed to disqualify Breault on Tuesday, the deadline for submitting motions to visiting Judge Katherine Lumsden, who has set a hearing for 3 p.m. Thursday.
The prosecutor said he initially cited Breault’s Facebook-messaging Loyd in a motion filed on Oct. 6, when Jones still was acting as his own attorney. Breault began representing Jones at Jones’ arraignment on Oct. 12.
Fowler has described the professional relationship between Jones and Breault as “complicated,” noting that:
- Breault represented Jones in Jones’ September trial on charges he damaged the Columbus Civic Center parking lot while filming a 2020 campaign ad. That ended in a mistrial.
- Jones appointed Breault a special prosecutor in a case of alleged police brutality that Jones wanted to pursue.
- Breault took over some personal injury cases from Jones’ private practice after Jones became DA.
Jones was indicted Sept. 7 on nine felony charges alleging he tried to influence witnesses in homicide cases, attempted to persuade a police detective to commit perjury, and bribed staff prosecutors by offering them $1,000 to win convictions in murder cases.
Gov. Brian Kemp suspended Jones from office on Oct. 4, acting on the recommendation of a review commission that said Jones’ indictment adversely affected the district attorney’s office and the public’s interests.