John Thomas SimpsonCriminal Court Judge Don Poole stared down the defendant.
Slaying suspect John Thomas Simpson asked Poole for a new lawyer. Again. He complained that attorney Daniel Ripper, the fourth man to represent Simpson since his 2010 arrest, was "inadequate" and "fell well below an objective standard of reasonableness."
"I refuse to allow Mr. Daniel Ripper to lead me into the courtroom to be ambushed," Simpson wrote in a motion filed two weeks ago.
On Wednesday morning, when Simpson's trial was supposed to begin in Hamilton County Criminal Court, Poole granted the motion. Simpson will get a fifth attorney Friday, and his trial will be delayed until Nov. 18.
But, Poole warned Simpson, don't ask for another attorney at the last minute again: If you do that once more, you will have to represent yourself.
"Sooner or later," Poole said, "the case has to be tried."
The judge continued: "Your actions would indicate to me that you're waiving [the right to an attorney], that you're forfeiting that right. ... You will be up here, and you will pick the jury, and you will put the proof on, and you will in fact represent yourself."
The judge continued: "Multiple lawyers have worked long and hard for you. They've worked long and hard to protect your rights. ... You've manipulated the court."
Simpson is accused of robbing Bernard Hughes with three other men in June 2010. Prosecutors have said at previous trials that Hughes answered his door at night and found masked men standing outside.
After an argument, prosecutors said, two of the men shot Hughes, once in the chest and once in the side of the head. Unjolee Moore, the getaway driver, told police Hughes was targeted because they knew he had money from selling marijuana, didn't carry a weapon and would not call the police, according to Times Free Press archives.
Moore and Harold Francis Butler III were convicted of felony murder in the case and are serving life sentences.
Simpson's trial, however, has been delayed more than four years as he has cycled through appointed attorneys.
His first, Todd Hastey, withdrew in April 2012, and Mike Little took control. Little withdrew that September. Simpson, representing himself, pleaded guilty in January 2013 and promised to testify against the other defendants.
But Simpson refused to testify against Butler in September 2013. Poole revoked the plea deal and named John Allen Brooks to his case. In February, Simpson filed a complaint against him with the Board of Professional Responsibility, the disciplinary agency for attorneys, and Brooks withdrew.
On Wednesday morning, Ripper shook his head as he walked out of the courtroom, lugging a box stuffed with documents.
"This is half of it," he said. "This is the half I actually have to have in court with me. This is not the other half back in my office that I've been going through -- calling people, talking to people. I have done everything I can do to be ready. It's just very frustrating for everybody when this is what happens."
Ripper started working on the case in March. He knew Simpson filed the motion to dismiss him Aug. 21, but he didn't think Poole would grant it. Ripper met with Simpson twice in the past two weeks. Simpson never brought up the motion.
About 20 feet from Ripper, two women sat and talked about waiting for this trial, again. Hughes' twin, Berlinda Hughes, and their mother, Burnett Hughes, said they are sick of waiting for Simpson's trial. They know prosecutors will show the crime scene again, show Hughes' dead and bloody body.
The women were prepared, they said Wednesday. Now they will wait some more.
"All we want him to do is man up and get what's coming to him," Berlinda said. "You did it. Just man up and let's get this trial over with."
Contact staff writer Tyler Jett at tjett@timesfreepress.com or at 423-757-6476.