[TELEGRAM] Janleer Povez's retrial on a second-degree murder charge in a fatal stabbing seven years ago ended in a mistrial Monday after Mr. Povez struck his appointed lawyer, Elliot R. Levine, in the face in the courtroom and later ranted about Mr. Levine performing "rituals with blood" and being biased against him.The Worcester Superior Court jury did not witness the courtroom assault, which occurred almost immediately after a handcuffed Mr. Povez was brought to the defense table Monday morning for a hearing outside of the jury's presence on several matters, including a request by Mr. Povez that Mr. Levine be removed as his lawyer. "I asked you to remove yourself from my case," Mr. Povez said to his lawyer as he was being subdued by court officers. Mr. Levine suffered a fat lip after being struck and later held a bag of ice to his mouth.
Judge Daniel M. Wrenn left the bench after the outburst and returned a short time later after order had been restored. Mr. Povez was brought back into the courtroom wearing leg irons and handcuffs attached to a chain around his waist. Mr. Levine moved for a mistrial and said he believed he could no longer represent Mr. Povez.
Assistant District Attorney Donna Marie Haran objected to the requested mistrial, saying the assault on Mr. Levine was not witnessed by the jury and describing it as an intentional attempt by Mr. Povez to cause a mistrial. The prosecutor said threats Mr. Povez directed at the jury during his first trial in 2010 were also made in an effort to have a mistrial declared.
Mr. Povez, 35, started out by accusing Mr. Levine of "doing rituals at home" involving fire and blood "to try to (inaudible) me from the case.
"I believe he's biased against me," the defendant said of his lawyer. "I don't think it's fair that he gets to do everything he wants to do and I just have no input," Mr. Povez told the judge. "He just threatened to kill me after I slapped him in the face," Mr. Povez said. He also accused Mr. Levine of being rude to him in the past and calling him "a moron."
"I don't see any way this case can be salvaged at this point so I'm going to declare a mistrial," Judge Wrenn said. He said the mistrial was entirely due to Mr. Povez's conduct.
"It's obviously nonsense," Mr. Levine later said when asked for comment on Mr. Povez's allegations. He said he believed he had represented Mr. Povez effectively.
Mr. Povez's case was continued to Aug. 17 for the appointment of a new lawyer to represent him.
The prosecution rested its case Friday in Mr. Povez's retrial on a second-degree murder charge in the April 21, 2008, stabbing death of Jack A. McGuire of Westboro. There was testimony that Mr. Povez stabbed the 35-year-old Mr. McGuire once in the left thigh after Mr. McGuire brandished a realistic-looking pellet gun and stole $100 worth of crack cocaine from Mr. Povez. The knife wound severed Mr. McGuire's femoral artery and he bled to death.