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from www.mercurynews.com – With just days to go before his sentencing, a Novato woman’s killer is moving to fire his lawyer and seek a new trial.
James Mitchell, who was convicted last month of murdering ex-girlfriend Danielle Keller and kidnapping their baby, wants to release defense attorney Stuart Hanlon and claim he had inadequate representation, according to a court memorandum submitted by Hanlon.
Mitchell is scheduled to be sentenced by Judge Kelly Simmons on Aug. 16. Mitchell has already tried to fire Hanlon once before, and that was after he fired one lawyer and another quit the case.
Mitchell, 29, now wants a public defender’s assistance while he seeks a new trial, according to Hanlon’s memorandum.
The district attorney’s office will oppose the motion, said Deputy District Attorney Charles Cacciatore.
Hanlon declined to comment Friday.
A jury convicted Mitchell on July 12 — the two-year anniversary of the crime — of first-degree murder, domestic corporal injury, kidnapping, child abduction, child endangerment and stalking.
Authorities said Mitchell, who had a history of abusing Keller, drove from his house in Pittsburg to Keller’s apartment in Novato and repeatedly clubbed her in the head with the bat. Then he fled with their 1-year-old baby before being arrested in Citrus Heights.
Mitchell, who testified in his own defense, said he arrived at Keller’s apartment and fought off two unidentified men who had apparently committed the murder. But Mitchell could not explain how Keller’s blood got spattered on his pants at close range.
Mitchell, an heir to the Mitchell Brothers adult entertainment fortune, faces a sentence of 35 years to life — nine years for the kidnapping, then 26-to-life for the murder.