An Athens County judge threw out a defense attorney's motion to remove prosecutors from a manslaughter and drug case Wednesday.
Defense attorney L. Jackson Henniger asked to take Athens County prosecutors off his client's case after Henniger and Prosecutor C. David Warren got into a verbal argument. Henniger wrote that Warren threatened him, and because of that, he didn't think Warren could prosecute the case fairly.
Henniger represents former Ohio University student James T. Wagers, 20, who was accused of supplying drugs to 20-year-old OU student Eric Hansen before Hansen fell to his death.
Henniger could have pressed charges against Warren if he felt threatened. He also could have notified the office of the Disciplinary Counsel to report a professional conduct violation, Judge L. Alan Goldsberry wrote in his dismissal.
The Court sees nothing in the parties' allegations that would significantly impinge (the) defendant's ability to receive a fair trial. Perhaps
the greater concern is the future conduct of both attorneys Goldsberry wrote.
The court would be willing to assign a mediator for the two attorneys, he wrote.
Warren said that Henniger had threatened the prosecutors' secretaries on three separate occasions. Warren admitted that he yelled at Henniger for his behavior, but said he never threatened him.
Warren filed a countermotion against Henniger asking the judge to prohibit Henniger from having any contact with the prosecutors' secretaries.
Goldsberry said that the prosecutor's office is not under his jurisdiction, so he could not prevent Henniger from entering the office.
Warren said he agrees with the judge's ruling and plans to personally keep Henniger from entering the prosecutors' office.
Henniger could not be reached for comment.
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Gail Burkhardt
