Nick McWilliams reporting – Citing a “breakdown” in the relationship between Daniel Fitzgerald and his appointed legal counsel, Tuscarawas County Judge Michael Ernest has appointed a new defense attorney in his case.

The 38-year-old Fitzgerald is facing charges related to the dumping of Amber Sherrell’s on White Bridge Road in October after she reportedly overdosed at 25-year-old Cekoyia Reichers’s home in Dover.

Previous hearings have been pushed back, due to various reasons, with Tuesday’s hearing starting as a video conference.

However, when Ernest asked if there were objections to appearing via video, Fitzgerald said that he wanted to sit before the court. The Tuscarawas County Sheriff’s Office transported him from the Justice Center to the courthouse within the hour.

The supposed strained relationship between Fitzgerald and his appointed legal counsel Attorney John Watters was highlighted, with the accused calling his lawyer “trash” in the process, with Ernest advocating against the move.

“I just want to make sure that you’re aware that at this point, if I appoint new counsel, no attorney should expect to be appointed [and be told] you have a jury trial in a week. That’s not going to happen and it would be totally unrealistic to do that. I just want to make sure that you know that before I look to grant this motion. Are you aware of what I’m saying?”

“Anyone but him.”

Watters appeared disappointed over Fitzgerald’s “anyone but him” comment. 

Ernest is bound to by law to accept the request if a defendant feels they are not being represented properly, and promised to have the case heard before a jury in the next four to six weeks.

While the original trial was set to take place August 17th, the Common Pleas judge expected newly appointed counsel Richard Drake to need more time to prepare.

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