The opening brief in the appeal of the 2020 first-degree murder conviction of Roger Delane Wilson will not be forthcoming July 6 as scheduled, as the Arizona Court of Appeals recently granted a request from Wilson’s court appointed appellate attorney to withdraw from the case.
“Defendant has expressed his dissatisfaction with counsel’s performance,” attorney Harriette Levitt told the court of appeals on May 27. “The Defendant has requested in writing that counsel undersigned withdraw from representation and that the court appoint new counsel to represent him on his appeal.”
Wilson, 52, went to trial last September with Chris Kimminau as defense counsel on murder charges for the June 2017 shooting death of a young man who was walking on the street outside the home of Wilson’s mother south of Sierra Vista. Jurors rejected a self-defense argument, after which Judge Timothy Dickerson sentenced Wilson to life in prison.
Kimminau was the eighth attorney appointed to Wilson’s case; one attorney was punched by Wilson to force a lawyer change while two others were the subject of threatening comments by Wilson toward the attorneys or their families. Most of the others pointed to Wilson’s lack of confidence in their abilities or difficulties working with their client as reasons to drop the case.
In fact Dickerson who was assigned to Wilson’s case after the original judge was threatened by Wilson and was accused of interfering with Wilson’ self-defense claim. Other threats were made against the prosecutor as well.
After Wilson’s sentencing, myriad court reporters had to transcribe the records from dozens of lengthy hearings and the 10 day trial. Court records show the appellate file for Wilson’s case was not even finalized by the Cochise County Superior Court until May 27.
Which is the same day Levitt sought permission to end her representation of Wilson. The new appellate counsel is expected to be named soon, but the submission of Wilson’s opening appellate brief will undoubtedly be delayed a few months past the current July 6 deadline while the new attorney gets up to speed with the case.
In the meantime, Wilson’s mother initiated legal action earlier this year to secure the return of three of her guns seized by authorities shortly after the June 2017 shooting.
Janice Wilson’s motion points out that the case detective, prosecutor, and medical examiner all say the victim was killed by one round to the chest fired from a 20-gauge shotgun. But the Cochise County Sheriff’s Office refuses to return her Winchester 22 rifle, a 12-gauge shotgun, and a 9mm pistol, which the Cochise County Attorney’s Office contends are “of evidentiary value.”
“The criminal trial of Roger Wilson has concluded,” according to Janice Wilson’s filing. “None of the items were used at or even marked as evidence at his trial. Therefore, justice requires the above-listed items be restored to their rightful owner/custodian, Janice Wilson.”
Judge Dickerson has not ruled on the mother’s motion as of press time.