Thursday, June 20, 2013 | 1:53 a.m.
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Updated: 5:51 p.m. Wednesday, March 6, 2013 | Posted: 5:04 p.m. Wednesday, March 6, 2013
By NEWS9
OHIO COUNTY, W.Va. —
Melody Fisher is once again making headlines after another court appearance on Wednesday, but this time it's because of some changes she made.
Fisher is the alleged accomplice in the attempted Elm Grove pharmacy robbery that ended with the shooting of her accomplice Kevin Lee Wahlnoa.
Fisher is facing a 1st degree robbery charge and conspiracy to commit robbery but before she can stand trial officials had to have a competency report.
"Melody Fisher is competent to stand trial and did possess the requisite level of criminal responsibility," said Ohio County Circuit Judge James Mazzone while he read the results of the report.
That should have been enough to send this case to trial, but thanks to a change in legal representation, it could be a while until we get there.
"This isn't about the attorneys that she had. The two attorneys that she had are excellent attorneys,” said Edward Gillison. “This was just a difference of opinion and sometimes that happens where we just want another council and due to the fact that I know the family and they trust me and they believe in me. I am going to do everything in my power to help her."
On Wednesday Fisher signed a form authorizing Gillison to take over the case as her defense attorney. A move that seemed to surprise prosecutors and the men formerly assigned to her case. But it didn't surprise Gillison who was ready to tackle the competency report.
"The expert who actually did the evaluation is out of the country so it probably would be within the next month or so,” said Gillison. “Once we do that there can be a determination over who's going to be the council how we're going to proceed and then we are going to start getting ready for trial."
In January, Judge Mazzone revoked Fisher's bond after she attempted to contact a witness in the case. But Gillison has his sights set on changing that as well.
"I'm going to try to file a motion to have her bond reinstated,” said Gillison. “There was a bond hearing that was held and I think there may have been some important evidence that was left out that the court didn't hear. I need her out of jail to prepare for trial and any negotiations that could possibly happen."
No dates have been set for the competency hearing.
Stay with NEWS9 and WTOV9.com for continuing coverage.
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