Bucci indicated to Josephson that he will seek clarification on a number of issues pertaining to Welch defending himself.
GREENFIELD - The judge in the Ryan Welch murder case allowed stand-by counsel Paul Rudof to withdraw but indicated that she intends to keep the trial on track for its Oct. 21 start.
Appearing before Judge Bertha D. Josephson in Franklin Superior Court on Monday, Welch argued that he has not seen all the evidence in the case and said Rudof has told him the defense investigator will not meet with him. He also told Josephson, who is scheduled to oversee the trial in October, that he intends to pursue criminal charges against prosecutor Jeremy Bucci for some of the allegations he has made about himself in the case.
Josephson said at first that she would not rule on a new motion by Rudof to withdraw as stand-by counsel because she has not had adequate time to study it. Seeing that Welch did not oppose the motion, however, she allowed Rudof to withdraw entirely from the case. The Hampshire Superior Court clerk will consult with the Committee for Public Counsel Services about a replacement for Rudof, a task Josephson said would take at least a week. She said she will scheduled a further status conference when that is done, but will "keep the case on track" for its October start.
Bucci indicated to Josephson that he will seek clarification on a number of issues pertaining to Welch defending himself. He said he will ask that Welch not be allowed to approach any witnesses he questions and that he be prohibited from personally touching any physical evidence. Bucci also said that Welch's stated intention to pursue a defense that the murder was committed by a third party will open the door for the prosecution and prolong the trial, although he did not elaborate.
Judge Daniel Ford named Rudof as stand-by last month when he granted Welch's request that he represent himself at trial. Welch, 37, is charged with murdering his girlfriend, Jessica Pripstein in February of last year in her Easthampton apartment. Police arrived on the scene after receiving a call from Pripstein saying her boyfriend was trying to kill her. They found Pripstein dead, her throat slashed. Welch was discovered in another room with non-fatal wounds.
Welch had previously maintained he was not given adequate opportunity to prepare for his trial and tried to file a number of motions on his own behalf. As a result the trial was postponed from its original June date.
Last month, Rudof filed a motion to withdraw from the case, saying he and his client have irreconcilable differences. Judge Richard Carey denied that motion, but Welch later returned with his own motion to drop Rudof. Ford granted that motion, although he advised Welch against representing himself. Welch told Ford that Rudof was entertaining a defense that relied on his criminal competency, but he wanted to explore the theory that he didn't commit the crime.
"The more I read, the more apparent it becomes to me that I couldn't have killed Jessica Pripstein," he said.
During a colloquoy with Ford, Welch acknowledged that he has no legal experience. He also said he has obsessive compulsive disorder and that sometimes makes it took him up to three hours to shower. Ford told Welch he needs a stand-by counsel and appointed Rudof for that task.