Judge declares Coleman indigent in murder case
Saturday, September 5, 2009 at 02:00PM 09/05/2009
ST. LOUIS POST-DISPATCH
BY Nicholas J.C. Pistor
Judge declares Coleman indigent in murder case
WATERLOO — A judge declared Friday that accused killer Christopher Coleman qualifies for taxpayer-funded defense lawyers even though attorneys paid by his father will remain on the case.
Coleman, 32, charged with first-degree murder in the strangulation in May of his wife and two sons, claimed in a court motion to have more debts than assets, and no income.
Circuit Judge Milton Wharton declared Coleman indigent and appointed John O'Gara and James Stern, who practice law in Belleville and are state-certified for death penalty cases. Wharton said he could find no certified lawyers to appoint from Monroe County, where the crime occurred.
The judge could not name Art and Bill Margulis, a prominent father-son team from Clayton who have represented Coleman so far, because they have not yet been certified for Illinois capital cases. State's Attorney Kris Reitz has filed notice of seeking a death sentence.
The Margulises said they will stay on the case, too. Art Margulis said in court Friday that they had been paid by Coleman's father, the Rev. Ron Coleman of Chester, Ill., and may continue to be from time-to time.
Wharton did not object but emphasized that the Margulises cannot be paid with taxpayer money. They have represented Coleman since shortly after the bodies were found May 5 and are in the process of obtaining the certification needed to continue representing him. All four lawyers are deeply experienced in criminal defense, including capital cases.
O'Gara, considered by the court to be Coleman's lead attorney now, won an acquittal in 2005 for James Wiley, who was prosecuted by Reitz in the murder of Wiley's wife, Twila, in Waterloo.
Coleman once made $100,000 a year as security manager for televangelist Joyce Meyer. Now he gets access to the taxpayer-supported Illinois Capital Litigation Trust Fund, which pays defense costs for indigents facing a possible death penalty.
The fund was set up in 2000 out of concern that some innocent men had been sentenced to death. But it has been the subject of public scorn. Gov. Pat Quinn signed a bill overhauling the fund last month, in response to a Post-Dispatch investigation which found the money had been abused by some lawyers, private investigators and expert witnesses who charged steep fees just to drive, make copies or send e-mails.
O'Gara was involved in writing the reform legislation. Stricter spending rules won't go into effect until January, but Judge Wharton said he would enforce them immediately.
By law, O'Gara must submit an estimated budget and vouch under oath for every expense submitted.
The average cost to defend a death penalty case ranges from $500,000 to $700,000, according to the Illinois Treasurer's Office.
O'Gara said the case has so far produced around 2,000 pages of documents from police for him to review.
Officials claim that Coleman was having an extra-marital affair when he fabricated threats related to his work with the Joyce Meyer Ministries and strangled his wife, Sheri, 31, and sons Garett, 11, and Gavin, 9, in their beds at home in Columbia, Ill.