Greene homicide suspect granted new attorney
A Waynesburg man accused of intentionally providing tainted drugs that led to a fatal overdose last year will get a new attorney.
In a letter to the court, Jake Finogle, 25, had requested his attorney Marissa Stewart be replaced due to a “massive conflict of interest.” Stewart also filed a formal motion to withdraw.
Stewart works in the office of Christopher Simms, who also serves as solicitor for the borough of Waynesburg. Finogle’s third attorney in the case, she was appointed by the court in May.
During Wednesday’s hearing, Stewart told Greene County Judge Lou Dayich she typically stays away from court cases involving Waynesburg defendants. Another attorney had been handling communication related to police involvement in the case.
“I believe there is a conflict,” she said. “I believe, in Mr. Finogle’s opinion, his defense is aimed at the way the police handled the investigation.”
Finogle is scheduled for a joint trial starting Oct. 2 with co-defendant Tiffany Gump, 29, also of Waynesburg.
The two allegedly gave Taylor Arthur, 25, marijuana laced with fentanyl on June 19. Arthur’s body was later found near the 800 block of East Greene Street in Waynesburg.
Gump and Finogle are charged with felonies of first-degree murder, conspiracy to commit criminal homicide, and drug delivery resulting in death, along with misdemeanor charges of tampering with physical evidence, recklessly endangering another person and possession of drug paraphernalia.
Finogle told Dayich his letter had been written with assistance from another county inmate. District Attorney Brianna Vanata described the inmate as a “jailhouse attorney” who had been behind similar requests in other cases recently.
Dayich cautioned Finogle against relying on someone without a law degree. Dayich said another request sent to the state Supreme Court requesting it to demand action from the county court was not likely to succeed, as the case did not fall under the state court’s jurisdiction.
“When you have somebody who’s not an attorney representing you, it causes all kinds of problems,” Dayich said.
Dayich granted Stewart’s motion to withdraw. Although he didn’t make a decision Wednesday, he said he would look at severing Finogle and Gump’s cases so they could be tried separately.