The defense attorney for the sole defendant facing a death sentence in the Dystiny Myers kidnapping and murder trial has been dismissed.
On March 23, San Luis Obispo-based attorney Raymond Allen was told by Superior Court Judge Barry LaBarbera that he didn’t meet the requirements of the court to defend a murder defendant facing capital charges.
Allen was the court-appointed counsel for Ty Michael Hill, 28, of Santa Maria. According to requirements under the law, Allen wasn’t qualified to represent Hill because he’s never represented a defendant on a murder charge.
He’s been replaced by San Luis Obispo-based attorney William McLennan and Santa Maria-based attorney Thomas Allen.
Raymond Allen told the Sun in a phone interview that he wished he could continue to represent Hill, but the requirements of the court are straightforward.
“The judge made the right decision, and I need to put my own ego aside. Hill deserves the best representation he can get,” Raymond Allen said. “But personally, I wish I could be still involved.”
Allen has discussed with the Sun numerous times in the past his opposition to the death penalty, which he said makes it that much harder to leave the case. He said that over the past few months, he developed a good relationship with Hill, finding him “forthcoming” and “very appreciative of the help he was getting.”
“I’m strongly against the death penalty,” Allen said. “It does nothing to help the victims’ families or the rehabilitation of the [accused]. There is absolutely no benefit in having the state kill someone.”
Allen would not comment on specifics of the case, citing a gag order placed on the trial by LaBarbera.
David Wells, who is representing Hill’s co-defendant Rhonda Maye Wisto, 47, of Nipomo, is also expected to be dismissed March 30.
All five defendants in the trial have pleaded not guilty.
This article appears in Mar 31 – Apr 7, 2011.
