Judge clears courtroom to have one-one-one talk with accused cop killer

(11/28/06 - KTRK/HOUSTON) (KTRK) -- The man accused of killing a Houston police officer spent part of the Tuesday in court and then had an unusual chat with the judge. During Juan Quintero's hearing, the judge cleared the courtroom to have a one-on-one talk with him.

Quintero is charged with capital murder. Prosecutors say he fatally shot Officer Rodney Johnson back in September. He remains jailed and has no money. Even so, Quintero has had lawyers vying to represent him.

Jim Leitner, a seasoned capital crime defense attorney, was originally named Quintero's court appointed attorney by the judge. The Mexican consulate wanted attorney Danalynn Recer to be lead counsel instead.

On Tuesday, in a very unusual move, the judge ordered the courtroom cleared of attorneys, prosecutors included, and asked Quintero through a translator who he wanted as his lawyer. He went with the one being provided by the Mexican consulate.

"It's not useful to me," said Recer outside the courtroom Tuesday. "It's useful to Mr. Quintero and that's all I have to say."

Recer assisted with the last minute appeals of Angel Resendiz, the so-called 'Railroad Killer' and other Texas death row inmates. She works with the non-profit Gulf Region Advocacy Center, as well. She has death penalty trial experience, but she has half the time in practice as Leitner.

"There's not much I can say about it," said Leitner. "I just hope that Mr. Quintero doesn't find out the hard way that 'We're from the government, we're here to help you' means the same thing in Spanish as it does in English."

District Attorney Chuck Rosenthal will personally prosecute the case against Quintero. He had concerns earlier about the experience differential between Leitner and Recer. Late Tuesday, he said by phone, "It doesn't matter what I think. He (Quintero) got the lawyer he wanted."

"We'll work with whoever is representing the defendant in this criminal case," said prosecutor Denise Nassar. "Our goal is to make sure we get a fair trial and make sure the defendant gets a fair trial. We're going to go forward on the facts of this case regardless of any other governements involved."

The trial is scheduled to start in May. If convicted, Quintero could receive the death penalty.
(Copyright © 2006, KTRK-TV)

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