Alan Jones (left) and Sal Lanza (right)
/ file photo
OSWEGO -- Following some heated exchanges in Oswego County Court Thursday morning, the defense attorney in the Erin Maxwell murder case said he will file a motion asking Judge Walter Hafner to remove himself from the case. Sal Lanza represents Alan Jones, the stepbrother to Erin Maxwell who died August 30th in a home full of animals, feces and garbage. Jones is accused of strangling the 11-year-old, who Jones claims accidentally hung herself with a rope while playing.
The purpose of the hearing today was a renewed motion by the District Attorney to prevent Lanza from releasing an autopsy report to the media. Prior to the hearing, Lanza represented several other clients before Judge Hafner. At one point, Hafner criticized Lanza for not being prepared. That led to several heated exchanges in which Lanza complained of the way Hafner conducts his court.
When Jones case was called up, Lanza said he has "had enough" and would file a motion seeking Hafner's removal from the case. Lanza said he was afraid the judge's attitude would adversely affect the interests of his client. At one point, Hafner directed Lanza to come up with three expert witnesses instead of Cyril Wecht, a famous forensic pathologist. Hafner said Jones is entitled to an expert but not a "celebrity" expert.
Asked by Action News if he was "posturing", Lanza said no, but confirmed if Jones is found guilty, he would include Judge Hafner's actions as a basis for appeal.
Judge Hafner said he would issue a ruling on Monday on the release of the autopsy report and other evidence. He also said his ruling would spell out disciplinary rules for attorney conduct.
