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Change in defense attorneys could delay trial for woman charged in 5-year-old son's death

Lead attorney for Danielle Dauphinais says she's taking new job

Change in defense attorneys could delay trial for woman charged in 5-year-old son's death

Lead attorney for Danielle Dauphinais says she's taking new job

DATE COULD BE IN JEOPARDY. FIVE YEAR OLD ELIJAH LEWIS FROM MERRIMACK WAS MURDERED BACK IN 2021. THE BOY’S BODY WAS EVENTUALLY FOUND IN A MASSACHUSETTS STATE PARK. HIS MOTHER, DANIELLE DAUPHIN, HAS BEEN CHARGED WITH HIS MURDER. AND FROM THE BEGINNING, JAY RANCOURT HAS BEEN HER LEAD LAWYER. I AM LEAVING MY LAW FIRM AND I’M DONE. MY LAST DAY AT THIS FIRM WILL BE NEXT WEDNESDAY, AND I’M LEAVING TO GO TO THE FEDERAL PUBLIC DEFENDER. SO CAN’T TAKE CASES OR ASSIGNMENTS WITH ME. THAT MEANS A CO-COUNSEL WILL HAVE TO BE FOUND AND IT MAY TAKE SOME TIME FOR THEM TO SORT THROUGH THE MATERIALS WE STILL HAVEN’T IDENTIFIED WHO THE NEW COUNSEL IS, AND OBVIOUSLY THERE’S A VAST AMOUNT OF DISCOVERY IN THIS CASE. FAULKNER TOLD THE COURT HE MIGHT NEED MORE TIME TO ASSUME THE ROLE OF LEAD ATTORNEY. BUT THE JUDGE SAID HE IS OPPOSED TO MOVING THE DATE AT THIS POINT, A VIEW ECHOED BY THE PROSECUTION. WE WOULD AT THIS POINT THINK THE OBJECTING TO ANY POSTPONEMENT OF THE TRIAL. COMPLICATING THE ISSUE IS THE LAWYER BEING CONSIDERED AS CO-COUNSEL FOR DUVERNAY’S WORKED FOR THE PUBLIC DEFENDER’S OFFICE WHILE THEY REPRESENTED JOSEPH STAFF. HE IS THE FORMER BOYFRIEND OF DUVERNAY’S, WHO IS CURRENTLY SERVING DECADES IN PRISON FOR HIS ROLE IN THE MURDER OF ELIJAH. IF SHE DIDN’T TOUCH THAT FILE, WASN’T INVOLVED IN THE CASE AT ALL. DOESN’T HASN’T GLEANED ANY CONFIDENTIAL INFORMATION AT ALL FROM THAT PARTICULAR REPRESENTATION, THEN WOULD BE INCLINED TO ACCEPT HER INVOLVEMENT AS CO-COUNSEL IN THIS CASE. THE JUDGE HAS SET ANOTHER HEARING DATE FOR TWO WEEKS FROM TODAY, AT WHICH TIME THE APPOINTMENT OF CO-COUNSEL COULD BECOME CLEAR I
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Change in defense attorneys could delay trial for woman charged in 5-year-old son's death

Lead attorney for Danielle Dauphinais says she's taking new job

The trial of a mother accused of killing her 5-year-old son could be delayed because her lead defense attorney is taking a new job.Danielle Dauphinais is scheduled to go to trial in January on murder charges in the 2021 death of her son, Elijah Lewis, of Merrimack.In a hearing, Tuesday, her lead lawyer, Jaye Rancourt, said she was no longer going to be able to represent Dauphinais."I am leaving my law firm, and my last day at this firm will be next Wednesday," Rancourt said. "And I'm leaving to go to the federal public defender, so I can't take cases or assignments with me."That means a co-counsel will have to be found, and it might take some time for them to sort through the materials."We still haven't identified who the new counsel is, and obviously, there is vast amount of discovery in this case," defense attorney Benjamin Falkner said.Falkner told the court he might need more time to assume the role of lead attorney, but Judge Charles Temple said he is opposed to moving the date at this point, a view echoed by the prosecution."We would, at this point, be objecting to any postponement of the trial date," Assistant Attorney General Beth Durand said.Complicating the issue is the fact that the lawyer being considered as co-counsel for Dauphinais worked for the public defender's office while they represented Joseph Stapf, the former boyfriend of Dauphinais who is currently serving decades in prison for his role in Elijah's killing."If she didn't touch that file, wasn't involved in the case at all, hasn't gleaned any confidential information at all from that particular representation, then I would be inclined to accept her involvement as co-counsel in this case," Temple said.The judge has set another hearing date for two weeks from Tuesday, when the appointment of co-counsel could become clear.

The trial of a mother accused of killing her 5-year-old son could be delayed because her lead defense attorney is taking a new job.

Danielle Dauphinais is scheduled to go to trial in January on murder charges in the 2021 death of her son, Elijah Lewis, of Merrimack.

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In a hearing, Tuesday, her lead lawyer, Jaye Rancourt, said she was no longer going to be able to represent Dauphinais.

"I am leaving my law firm, and my last day at this firm will be next Wednesday," Rancourt said. "And I'm leaving to go to the federal public defender, so I can't take cases or assignments with me."

That means a co-counsel will have to be found, and it might take some time for them to sort through the materials.

"We still haven't identified who the new counsel is, and obviously, there is vast amount of discovery in this case," defense attorney Benjamin Falkner said.

Falkner told the court he might need more time to assume the role of lead attorney, but Judge Charles Temple said he is opposed to moving the date at this point, a view echoed by the prosecution.

"We would, at this point, be objecting to any postponement of the trial date," Assistant Attorney General Beth Durand said.

Complicating the issue is the fact that the lawyer being considered as co-counsel for Dauphinais worked for the public defender's office while they represented Joseph Stapf, the former boyfriend of Dauphinais who is currently serving decades in prison for his role in Elijah's killing.

"If she didn't touch that file, wasn't involved in the case at all, hasn't gleaned any confidential information at all from that particular representation, then I would be inclined to accept her involvement as co-counsel in this case," Temple said.

The judge has set another hearing date for two weeks from Tuesday, when the appointment of co-counsel could become clear.