Almost two years to the day following his arrest involving violent crimes, a 21-year-old inmate’s case that was on track toward resolution has derailed and is indefinitely on hold again.
Marcell M. Bailey, Leavenworth, filed a pro se motion on his own behalf on Wednesday, Sept. 16 Atchison County District Court to fire his court-appointed attorney, Gregory Robinson, of Lansing, and request and out-of-town defense counsel to represent him. Bailey cited ineffectual counsel.
During a court appointment Monday, September 21, Robinson was allowed to withdraw from the case. Robinson told District Court Judge Robert Bednar that since Bailey filed his motion the attorney and client breakdown irrefutable and beyond repair.
One week prior Bailey and Robinson were virtually present for a status hearing on possible pre-trial motions for the case to proceed after a lengthy pause due to the COVID-19 interruption. However, following a brief discussion between Bailey and his defense counsel, Robinson advised the court his client wanted to fire him. The matter was continued until Monday.
After Robinson formally withdrew from the case, Bednar told Bailey until the appointment of a new and qualified defense counsel to represent him the proceedings will be on delay. Bailey said he understood. Bednar said because it is unknown how long it will take to find an attorney with the necessary qualifications the time will be assessed toward the defendant. Again Bailey said he understood.
Bailey faces two multiple charges contained in two complaints. The first complaint filed Sept. 10, 2018 in Atchison County District Court is related to shots fired at a pickup truck Sept. 5, 2018 within Atchison city limits. One male, among the several occupants inside the truck suffered injury after he was he grazed by a bullet. The incident led to charges filed against Bailey that include attempted first degree murder, criminal discharges of a firearm, aggravated assault and aggravated battery, all person felonies; and one count criminal in possession of a firearm, a nonperson felony.
The second complaint filed Sept. 26, 2018 in district court arose from a home intrusion Aug. 29, 2018 in the Elm Drive neighborhood along the southern outskirts of Atchison city limits. The complaint alleges aggravated robbery, aggravated burglary, kidnapping, two counts aggravated assault, aggravated battery, conspiracy to commit aggravated robbery, all person felonies and on count criminal in possession of a firearm by a convicted felon, a nonperson felony.
Bailey’s court proceedings began with the appointment of Leavenworth-based attorney Kevin Reardon to represent Bailey and the two were present Oct. 1, 2018 from a first appearance with counsel in district court. The matter was put on hold Dec. 27, 2018 due to an order for a competency examination and subsequent treatment for Bailey at the Larned Correctional Facility.
It was Aug. 9, 2019 when Bailey to court and the court proceedings resumed. An evidentiary hearing was scheduled for Nov. 6, 2019. It was two days prior to the hearing Bailey filed a motion on his own behalf to fire his court-appointed counsel and asked for new counsel. Reardon then filed a motion to withdraw from the case. Instead of the scheduled hearing as planned, Reardon’s motion to withdraw was granted.
In turn, Robinson was appointed to represent Bailey on Nov. in mid-November of 20019. An evidentiary hearing was scheduled for Feb. 27, according to the register of action of obtained from Atchison County District Court, Bailey waived his right to hear the evidence against him. His arraignment to plead his innocence or guilt was scheduled for March 23, but was cancelled for the time being pursuant to Administrative Order No. 2020-PR-16, which suspended all court-proceedings in wake of the pandemic. The arraignment was rescheduled for July 24 when Bailey pleaded not guilty. The matter was continued for a pre-trial conference on Aug. 31 was conducted via Zoom. An additional pre-trial conference was conducted Sept. 14. The matter was continued to Sept. 21, which resulted in the current status of the proceedings.