OAKLAND, CA – Senior U.S. District Judge Jeffrey White this past week removed Los Angeles-based attorney Nicole Lopes from the criminal defense team of ex-Antioch police officer Devon Wenger, citing concerns over her competence and candor, according to East Bay Times.
The decision follows weeks of legal turmoil, including a mistrial, sealed hearings, and controversial public statements by Lopes herself, East Bay Times reports.
The judge’s decision followed a heavy criticism directed at Lopes’ conduct during and after the trial’s abrupt halt last month, East Bay Times wrote, adding Judge White stated that Wenger “cannot select an attorney who has so greatly failed in her duty of competence and duty of loyalty.”
Judge White added Lopes failed to comply with court orders to show cause and revealed he would refer her conduct to the state bar for potential disciplinary action, reported the East Bay Times.
The judge also raised the possibility of future hearings to consider whether Lopes is in criminal contempt of court, East Bay Times adds.
In an East Bay Times interview, Lopes defended herself and claimed bias played a role in the judge’s ruling, citing her identity as a Latina woman, and insisted her mistrial request was based on truth and necessity, noting, “Everything I said in there is true — I didn’t commit any crime. This has been a nightmare.”
Wenger’s trial has been rescheduled for July, but White expressed willingness to delay it again should Wenger’s new counsel require more time to prepare, East Bay Times reports.
Lopes’ employment attorney, George Aloupas, painted a contrasting portrait, calling her “extremely talented, bright, competent,” and a “brilliant go-getter,” according to East Bay Times.
Legal experts such as UC Law San Francisco professor Rory Little told East Bay Times that, while rare, judicial removal of defense counsel is not unheard of, wrote East Bay Times, quoting Little as stating, “The judge in this case has taken some care to figure out what to do next…he’s going step by step.”
Wenger is one of 14 former East Contra Costa County officers charged in a sweeping FBI corruption probe. He remains the only one yet to be convicted, facing two separate felony indictments, including one for alleged steroid distribution, reported East Bay Times.
Lopes’ initial mistrial request was based on her reported mental health struggles, lack of sleep, and insufficient staffing from her firm, East Bay Times reported, quoting Lopes as stating, in court, “Although I may seem a personable person, I’m incredibly private.”
Following the mistrial, East Bay Times reports, Lopes appeared on a podcast where she described herself as a “fixer,” and said the mistrial was the “best” outcome for Wenger, noting, “No one saw the mistrial coming because everyone thought I was a (expletive) idiot.”
White later pointed out her statements may have indicated strategic misrepresentation of her mental state, arguing they “had the effect of visiting prejudice on her client,” as East Bay Times reports, adding Wenger may have missed a favorable outcome because of the mistrial.
Lopes called the unsealing of the March 5 mistrial hearing transcript “especially cruel,” stating it exposed personal struggles, East Bay Times reported, noting Judge White only unsealed it after giving Lopes an opportunity to respond—an opportunity she did not take.
“I did the ethical thing, and now look at how I’m being punished,” Lopes told East Bay Times. Wenger, a military veteran, had described Lopes as “combat ineffective” in court but said he still trusted her deeply.
In closing remarks, Judge White directly addressed Wenger, stating: “You may be an expert in your field. I’m an expert in this field, and she is not competent to represent you. She will hurt you,” according to East Bay Times.
