Besides deciding whether to move a murder trial out of Wichita county, the judge now also has to decide whether the defendant's attorney should be disqualified.
Today the District Attorney filed to have Mark Barber, Justin Love's attorney, disqualified for a conflict because he is also a potential witness.
Love's trial for the murder of Dominic Thrasher is set for June.
The state could call his wife Tamilyn to testify about alleged violations by Barber of discovery material, covered by Article 39 in the Texas Code of Criminal Procedure.
The alleged violation involves Barber allegedy giving a case file on disc to Love's wife who then in several calls and visits to the jail relayed the information about the state's evidence and witnesses to Love.
Tamilyn Love was a witness in the Blayne Brooks trial, and is a possible witness in Love's trial, after waiving her spousal privilege not to testify against her husband.
The district attorney argues barber cannot defend love because if he does, it is likely he will become a witness to his own misconduct in the discovery violation.
In a recorded jail call, investigator John Little says Tamilyn told her husband that barber was releasing the disc to her even though quote "it's highly not allowed" and that he couldn't get another one if she lost it.
Barber did not return a message left after the complaint was first filed.
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