March 26th Public Appearance Transcript Motion to Terminate Representation Not Addressed .
MOTION TERMINATE REPRESENTATION
defendant Darrell McClanahan does request the Honorable Court to respect and honor my decision in the discharge of the duties of Attorney Benjamin Arnold. I am dissatisfied and no longer require his services. As of November 2023, he has been aware of my dissatisfaction with his services and that a hearing on this issue be set for the March 26th 2024 docket.
Missouri Supreme Court Rules Declining or terminating representation.
(4) A client has a right to discharge a lawyer at any time, with, or without cause, subject to liability for payment for the lawyer’s services. Where future dispute about the withdrawal may be anticipated, it may be advisable to prepare a written statement reciting the circumstances.
Statement of facts regarding the circumstances of Benjamin Arnold’s discharge of service in the above-named cases:
Attorney Benjamin Arnold has been asked to make a written motion to the Court asking the Circuit Court Judge R. Craig Carter to disclose any conflicts of interest regarding the hiring/appointment of Ozark County Prosecutor Matt Weatherman now elected Douglas County Prosecutor including potential witnesses Teresa Myers Ozark County Clerk, and husband Sam Meyers, Loren Meyers, and Attorney Christopher Swatosh.
Benjamin Arnold has not taken any depositions.
Court Docket sheet shows Benjamin Arnold made a request on Defendant’s behalf for personnel records. These records were to include Ozark County Deputy Seth Miller, Deputy John Russo, Sherriff Cass Martin, Kyle Hannaford, Steve Ator, Darren Reed, and Curtis Dobb’s personnel records. Missouri Supreme Court, Chasnoff V. St. Louis Police, ruled all police and personnel records concerning their employment are public records. Benjamin Arnold has failed to make a motion demanding these records in my defense.
Defendant feels Benjamin Arnold has failed to investigate the potential violation of Defendant’s 8th amendment right.
Benjamin Arnold has failed to investigate the questionable sale and the changing of hands to Ronald Lee Stehle without proper title search of the property at 291 Stehle Rd. Theodosia, MO 65761. Defendant and wife hold a writ of equitable interest in the property that is filed in the Ozark County Clerk’s office. Defendants were sued as owners of the property by Rory and Janet Smith. The Honorable Judge R. Craig Carter did sign a garnishment judgement against Darrell McClanahan and April Miller in the amount of 10,000 dollars. Adverse possession was given to Rory and Janet Smith taken from property owners Darrell and April McClanahan. Attorney Benjamin Arnold has failed to investigate, take depositions, and documents on Defendant’s behalf to prove that these criminal charges are double jeopardy and a violation of the Defendant’s 5th amendment.
Benjamin Arnold has refused to give an accounting of funds in writing he received from Defendant for representation unethically calling me a Pro Bono client.
Benjamin Arnold has failed to give an accounting in writing of funds received for the representation of Noel Cole. Defendant McClanahan hired Benjamin Arnold on Noel Cole’s behalf.
Benjamin Arnold has failed to give a receipt in writing of personal property that Benjamin received for $1500 credit toward Defendant’s representation.
Benjamin Arnold has told me has more than 50 DUI cases in Kansas City. He is a young attorney with only two years’ working experience. I do not believe, and he has shown me, that he does not have the skills I feel are required for my defense.
Benjamin Arnold has failed to communicate with me regularly. He does not answer phone calls or respond to voicemails in a timely manner, only responding after calling him days on end to the point of frustration.
Benjamin Arnold did participate in my 9/11/ 2023 mental competency evaluation. He read a letter written by my wife concerning the impact of stalking and harassment to our family in the recorded evaluation. Benjamin Arnold was asked to forward this letter he read aloud to the evaluator for her review and comment concerning the circumstances of my mental capacity to these charges. Benjamin Arnold failed to forward this letter to the evaluator. Defendant has repeatedly asked Benjamin Arnold to make the Court aware of this and file a written objection to the validity of a competency hearing.
Benjamin Arnold was given permission to communicate with my wife April Miller. He has refused to answer any of her questions or respond to emails.
For these reasons, Defendant Darrell McClanahan, does respectfully request the Honorable Court to terminate Benjamin Arnold’s representation. Criminal Law the defendant is allowed “meaningful participation” in his own defense. Sometimes this includes presenting the only defense available whether the attorney likes it or not.
I do intend on hiring new representation. I have been unable to discuss my case as I am represented by Attorney Benjamin Arnold.
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