A Wichita Falls man awaiting a new murder trial related to Domanic Thrasher’s assassination wants a judge to appoint his ex-defense attorney, who was disqualified before the first trial began, to represent him again, according to court records.
In another development in the Justin Michael Love murder case, a higher court rejected the prosecution’s attempt to reopen a trial.
Love, 31, has asked Mark Barber, of Wichita Falls, to be named co-counsel on June 2, 2015, on his retrial to shoot the death of the former Rider High School football star.
Love is represented by the Wichita County Public Defender’s Office, and Barber has agreed to the appointment according to the motion filed on Wednesday.
According to online prison records, Love was free from Wichita County Jail on Wednesday and had a total of $ 565,000 in bonds.
He is filing his co-counsel motion before Judge Bob Brotherton, the same judge who disqualified Barber as Love’s attorney on May 30, 2017, according to court records.
Barber’s disqualification resulted in Love winning his conviction overturned by a Fort Worth appeals court on March 26, the court said.
The disqualification by Brotherton, who has since retired as a judge in the 30th district, was made at the urging of the prosecutor, according to court records.
Prosecutors accused Barber of violating the law by giving Love’s wife a DVD of state evidence that she could see for herself instead of checking the redacted files at the defense attorney’s office.
In making his decision, Brotherton noted that Barber’s actions likely put him in the forbidden dual roles of both witness and advocate for love.
Barber created an unacceptable conflict of interest between him and Love that, according to Brotherton, led to his disqualification.
However, in the Court of Appeal’s view, the situation in Love’s case did not fit a precedent for disqualifying attorneys in such situations.
And the appeals court found that Love of Barber’s dismissal as attorney had violated the murder accused’s constitutional right to an attorney.
On October 21, the Texas Court of Appeals in Austin declined review of Love’s appeal, according to court records.
Wichita District Attorney John Gillespie called on the Supreme Court to reverse the Fort Worth Court decision, which according to court records would have resulted in Love’s conviction being upheld.
Review of the case was at the sole discretion of the Austin Supreme Court.
In any event, Brotherton has re-led Love’s case since the 30th District Judge Jeff McKnight retired.
Brotherton was also on the bench for Love’s murder trial in November and December 2018.
For another request from Love, a hearing on Zoom is scheduled on Friday at 9:00 a.m., according to court records.
Love wants a change in his liability terms regarding his curfew so that he can work the day shift at his new job, according to court records.
Love asks Brotherton to change his curfew so that he can be away from home from 5 a.m. instead of 8 a.m. This is evident from a motion filed in the 30th District Court on Monday, November 30th.
According to court records, he was hired at a local factory to do shift work from 6 a.m. Monday through Saturday.
After today’s curfew, according to court records, under no circumstances may he be away from his grandmother’s apartment between 6 p.m. and 8 a.m. every day.
On December 17, 2018, Love was convicted of organized criminal murder.
According to court records, he was sentenced to 50 years in prison for the death of Domanic Thrasher in a drug trade.
Love is one of the three people charged in connection with the murder.
Blayne William Brooks, the now 26-year-old Trigger man, has been in prison for 60 years, according to court records, for participating in an organized criminal murder.
Whitney Mercedes O’Brien, 25, was sentenced to 15 years in prison for manslaughter and was released on September 3, according to court records.
In a Facebook update posted on his personal page on October 14th, Love Domanic criticized Thrasher’s mother after expressing disappointment that the man she believed murdered her son was had been released from prison.
Love claimed he was innocent and that she had not really shown his family sympathy.
Tamika Thrasher-Bradley’s reaction? She said love was “a real clown” when he thought she should put herself in his family’s shoes.
She has also said that she relieved the tragic events surrounding her son’s death and difficult days in court. She asked for prayers.
Love’s Facebook page was not publicly searched on Wednesday.
According to court records, he was also charged with two serious perjuries related to his testimony in his own defense during his 2018 murder trial.
Love is accused of lying to jurors when he told them he didn’t deal with Brooks or told him to shoot Domanic Thrasher.
He is also being charged with marijuana possession related to a November 10, 2015 incident, court records show.
More:Indictment: Love injured itself by refusing to play the trader role and asking Brooks to shoot Thrasher
More:Love: ‘God blessed me because he knows I had nothing to do with it other than being in the wrong place at the wrong time’
More:Justin Love is free and awaits another murder trial in the death of Domanic Thrasher
More:Barber as Justin Love’s lawyer in the murder trial
Trish Choate, Enterprise Watchdog Reporter for Times Record News, covers education, courts, breaking news, politics, and more. Contact Trish with the latest at [email protected] Her Twitter handle is @Trishapedia.