Murder case remains stalled waiting for co-accused to hire new lawyer

A judge, who previously expressed concerns about a murder case being stalled after one of the accused, David Trealout, fired his lawyer, is giving him a week to hire a new lawyer.

A judge, who previously expressed concerns about a murder case being stalled after one of the accused, David Trealout, fired his lawyer, is giving him a week to hire a new lawyer.

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Trealout, 35, appeared by video link in a Chatham court Tuesday, where the court learned he has not yet retained a new lawyer.

Realout and Kimberly Price, 53, are each charged with first-degree murder in the death of Henry Neudorf, 55, whose body was found on Jan. 12, 2024, on a rural road near Pain Court.

Trealout’s previous lawyer was removed from the case when he appeared in court on Dec. 30, 2024. During that appearance, Trealout indicated he had made a change of lawyer application to legal aid and was waiting to see if it would be approved so he can retain a Toronto-based lawyer.

During Tuesday’s proceedings, Ontario Court Justice Courtney Harris reiterated her concern about a delay in the case because there is a co-accused.

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She asked if the Crown has a position on the matter.

Assistant Crown James Boonstra told the judge he doesn’t have any information about new counsel for Trealout.

“I haven’t had any correspondence from anybody,” he said.

Boonstra suggested a short adjournment to see where things are at with Trealout’s new counsel.

In adjourning the matter to Jan. 20, Harris told Realout he will have to inform his new lawyer of that date. If Realout doesn’t have a lawyer retained by then, the judge said next steps will have to be discussed.

Realout, who is in custody, told the judge he has tried contacting the lawyer he wants to hire, “but there’s only so much I can do.”

Citing he had a lawyer, Harris told Realout she can’t assist him in that regard.

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“From the court’s perspective, I’m just concerned about the delay that this may cause,” she said.

Hopefully there will be an update on the case when it returns to court Jan. 20, Harris said.

Darin Noland, 62, originally charged with first-degree murder, pleaded guilty Sept. 10, 2024 to accessory after the fact to murder.

Noland, who is co-operating in the investigation, was sentenced to time served for the 227 days he spent in pre-trial custody, which amounted to 331 days of credit. He also was put on probation for two years.

Price has a confirmation hearing scheduled for early March.

A publication ban is in place on evidence heard in the pre-trial stage of the case.

According to previously published reports, Chatham-Kent police were called to Town Line Road, north of Maple Line, about 11 am Jan. 12, 2024 after a man’s body was found.

It’s a sparsely populated area of ​​farmland and drainage ditches, east of St. Clair National Wildlife Area, roughly 20 kilometers west of Chatham and northeast of Tilbury.

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