Frank Housh appeared in Genesee County Court with his client Antwan Odom on Tuesday afternoon in regards to two matters.
A temporary gag order that has been in place since May 17th was lifted today as Judge Zambito wanted to remind all parties to follow the rules of professional conduct.
The temporary gag order was put into place after statements made to the media on May 3rd by Housh about the victim’s character that could possibly have been in violation.
With the gag order now lifted, both parties are now allowed to talk to the media.
As far as Housh’s request to disqualify District Attorney Larry Friedman, Judge Zambito denied that motion.
Housh made the request in a letter dated June 4th to the court asking for District Attorney Larry Friedman to be disqualified first before Housh can submit his motion as Friedman filed a grievance after character statements were made to the media about the victim.
On May 17th , Housh made this statement in court in regards to the grievance, “This gives me a prior restraint on my 1st Amendment rights. I’ve never heard of an elected DA taking what is supposed to be a private grievance procedure being filed under these circumstance and making it public. Its supposed to be private, he has made it extremely public.”
Housh then told the court last month that his client can’t get a fair trial here with him as his lawyer.
“The DA is attacking my license, so I will have to withdraw from the case, I don’t have the resources. I want to represent my client, I can’t do that now, his 5th Amendment right is now lost.”
Housh has had to hire his own attorney in regards to the grievance.
On June 12th, Friedman told the court he felt it was his obligation to follow up and report the issue.
“I’m not prosecuting him, no one is prosecuting him, I’m not seeking his disbarment,” says Friedman.
Friedman told the court he could not wait until the case is over to file a grievance because the jury selection would be tainted.
In court today, Housh said that when Odom did not accept the plea deal there was a penalty to be paid.
“If you choose not to accept a plea, you can expect this to happen to you,” says Housh.
Friedman responded saying that the statement is ludicrous.
“He has said all these things before, it comes down to he violated the rules of conduct with his comment,” says Friedman.
The trial is scheduled to begin August 5th at 9:30a.m.
Housh is unsure that he will be able to continue as Odom’s attorney. He will advise the court of his decision after speaking with Odom and his family.
“With me or somebody else, my client is going to try his case. We believe strongly that the jury is going to see that this is a clear case of justification, my client was not the first aggressor, by first accounts Ray Leach testified.”
“The facts of the case are pretty well known and I don’t think that they match the prosecutors legal theory. I don’t think I did anything wrong by explaining to the press what my motion was. the Judge just wants the case to proceed to trial and that’s what we are going to do.”
Housh says he will not proceed as Odom’s attorney if his ability to represent him is affected.
“If I’m still the best one and I can complete this trial as his attorney I want to do that.’