
A murder suspect tried to fire his lawyer Friday, in Buchanan County court, called the judge “dude” and said the judge was breaking the law. His case has now been delayed for a court-ordered evaluation of his mental competency.
Justin Appleberry, 23, is charged with second-degree murder in connection with the death of 75-year-old Louis Nold at the home they used to share in the 3400 block of McQueen Road on the night of Oct. 31.
He was scheduled for a preliminary hearing docket call Friday before Associate Judge Keith Marquart. The hearing began when Assistant Public Defender Karen Klingbeil asked the judge for a continuance so Appleberry could be evaluated by a private agency to determine if he is competent to stand trial. But she was interrupted by Mr. Appleberry, who said he wanted to fire Klingbeil. The judge said Appleberry didn’t have the authority to do that.
That’s when Appleberry offered a handwritten note to the judge, saying the judge had made him sign a document without an attorney present. The case is early in the proceedings, and the only document offered by officials that Appleberry would have signed was his application for a court-appointed lawyer.
“You’re the one who broke the law, dude,” Appleberry told Judge Marquart.
When Klingbeil tried to quiet him down, she told the judge she thinks an evaluation is needed.
“Yeah, well, I don’t care what you think anymore,” Appleberry said.
After several stern rebukes to everyone involved in the case, Judge Marquart agreed with Prosecuting Attorney Dwight Scroggins and ordered a formal evaluation, to determine if Appleberry understands the nature of the proceedings against him and can aid in his own defense.
Marquart told the public defender that a private examination of competency could be misinterpreted, and could lead to problems on appeal since the court might never have a chance to review the findings of that exam. The case is now on hold until the results of the examination are received by the court.
As we reported earlier, investigators say in court documents that Appleberry was identified by a witness, that he made a statement to authorities, and that he made reference to killing other people.