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Defenders step down from cop killer case 12:09 PM

11:33 AM EDT on Wednesday, April 25, 2007

By GLENN COUNTS / WCNC
E-mail Glenn: GCounts@WCNC.com

Demeatrius Montgomery

Ever since his arrest, Demeatrius Montgomery has been Charlotte's public enemy No. 1. Defending him for the murder of two police officers would be a challenge for any attorney, and now we have learned that at least one of his lawyers will be from out of town.

That’s because the public defender’s office has removed itself from the case, citing a conflict of interest.

"In a case of this magnitude, you have to get out early on,” said Bruce Park, a Charlotte defense attorney and legal expert.

Legal sources say that some of the potential witnesses in the Montgomery case are clients of the public defender's office. That creates a conflict of interest, leaving the defender with no choice but to withdraw.

"You can’t stand the risk of finding out on the eve of trial that you either represented a potential witness or member of family and obtained some confidential information that may come back to haunt you in the end,” Park said.

Because the public defender's office is out, Calvin Murphy, who had joined the team, has also asked to withdraw, telling WCNC he doesn’t have the resources to go it alone.

Murphy is the former president of the state bar and helped defend Calvin "Christmas” Cunningham, who was convicted of killing Charlotte police officer Terry Lyles in 1990.

In their place, the capitol defenders office has appointed Greensboro attorney Duane Bryant, who used be a Mecklenburg County assistant district attorney.

"He's got connections here in Charlotte, knows who to talk to, knows the folks in the DA’s office, so I think he's an excellent choice to take over a case like this,” Park said.