By Brian Anderson
Valley Times

June 30, 2001

OAKLAND -- The man accused of killing three meat inspectors last year is taking steps to fire his court-appointed lawyer, a public defender who landed the case after four private attorneys fell by the wayside, court records revealed.

Stuart Alexander, whose arraignment on murder and attempted murder charges was delayed for months as a parade of defense attorneys jockeyed for the case, is scheduled to appear at a hearing to sever ties with assistant public defender Michael Ogul.

Details of the rift between Alexander and Ogul were not disclosed, but a hearing on what is known as a Marsden motion has been scheduled for Tuesday morning in Alameda County Superior Court. The motion, which has yet to be filed, is lodged when a defendant believes his defense attorney is ineffective or that there is a conflict between them.

Saying it was a confidential matter, Ogul declined to comment Thursday.

Deputy district attorney Colton Carmine, the prosecutor handling the case for Alameda County, did not return a phone call.

Lawyers familiar with the relatively rare procedure said judges are reluctant to approve the motions and seldom do.

"Generally, they're quite infrequent," said San Ramon attorney James Crew, who at one point tried to represent Alexander. "Usually, if you have a qualified lawyer and qualified client, they can work these things out."

Alexander was arrested June 21, 2000, after gunfire broke out at his San Leandro sausage factory.

U.S. Department of Agriculture compliance officers Jean Hillery, 56, and Tom Quadros, 52, along with state meat investigator Bill Shaline, 57, were killed while they stood in the Santos Linguisa Factory lobby. Another state inspector dodged bullets as he ran to escape.

Alexander was charged with a federal murder count, three state homicide charges and an attempted murder charge. A county grand jury indicted him in September.

In the months after the shooting, four attorneys, two of whom worked together, appeared in court to temporarily represent Alexander while trying to determine if he had the money to pay them. All eventually discovered he could not afford their fees.

The court appointed Ogul, a senior attorney who handles death penalty cases for the county Public Defender's Office, over Alexander's initial objections.