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C.A. Rejects Conflict-of-Interest Claim by Defendant Whose Lawyer Faced Charges
By a MetNews Staff Writer
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KIPP FORD convict |
The Third District Court of Appeal has rejected the contention that a man’s convictions relating to construction fraud and embezzlement should be reversed based on his trial attorney having had a conflict of interest inasmuch as she was under criminal investigation by the county’s District Attorney’s Office and her boyfriend had allegedly threatened the defendant with harm if he did not make payments to the lawyer.
Challenging his convictions in the appeal decided in an unpublished opinion on Wednesday was Kipp Ford who, freshly released after a 10-year stint in prison stemming from forgery and other offenses, committed new crimes, falsely posing as a contractor, garnering funds for shoddy reconstruction work at the site of a 2018 massive fire. His trial lawyer—retained on July 6, 2022—was Stephana Femino.
Femino was arrested on July 29, 2022, on a charge of harboring a fugitive: her client and boyfriend Adam Ashford, accused of assault and various other crimes. The officers who took her into custody found methamphetamine in her automobile, leading to further charges against her.
D.A.’s Office Disclosure
As it happened, Ford became housed in a cell near that of the apprehended Ashford. The Office of Butte County District Attorney on Oct. 3, 2022—the second day of Ford’s jury trial—put on the record information it had received from an investigator that Ford had possibly been subjected to threats by Ashford.
Ford denied that it was true—later proclaiming, however, that he lied out of fear because he was still housed near Ashford.
Authoring the Third District’s opinion affirming the convictions was Justice Elana Duarte, who wrote:
“There is no indication that defendant sought to replace Femino as his retained counsel prior to the date he first appeared for sentencing. Indeed, defendant’s statements and conduct during trial indicated only that he had not been threatened by Ashford or anyone else.”
Anticipated Response
Duarte said that even if Femino had “demanded further investigation into the possible threats, the trial court likely would have done what it did here: deny the request as moot based on defendant’s confirmation that he had not been threatened and had no issues in the housing unit.”
The case is People v. Ford, C099593.
Ford was sentenced to seven years and eight months in prison. Femino—now on involuntary inactive bar status—was convicted of being an accessory to a crime and drug-possession; her appeal in the Third District was dismissed based on a failure to file an opening brief; and State Bar Review Department action against her is on hold pending possible action by her seeking a relief from default.
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