IN THE CRIMINAL COURT FOR DAVIDSON COUNTY, TEN DIVISION II Jrqil

gaoul

STATE OF TENNESSEE

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)

VS.

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)

Case No: 2013-A-866

LORENZO KELVIN JENKINS

ORDER

This oause is before the Court on the Metropolitan Public Defender's Office's
Motion to Withdraw and to Substitute Counsel. The Assistant Public Defender assigned

to represent the Defendant in this case, and the attorney who filed the Motion, is J.
Michael Engle, The Defendant is charged with three (3) counts of first degree murder,

and the. State has given notice that it will seek the death penalty. Mr. Engle's Motion

sets forth several reasons why he believes that it would be difficult for his office to
represent the Defendant in this case. After a hearing, the Court took this matter under advisement and now issues this order regarding the requested rerief.

This Court is very familiar with Mr. Engle and his work. The Court finds that Mr. Engle is eminently qualified to handle mses such as this, which are complex and in which the death penalty is sought by the State. The Court also finds that Mr. Engle
meets all of the requirements set forth under Tennessee Supreme Court Rule 13, 3 S

for attomeys to be qualified to handle capital cases. The Court is very confident in Mr.

Engle's abilities and believes that

representation by him in this case.

the

Defendant would receive competent

The Court also appreciates the concerns that Mr. Engle has expressed in his
Motion. Mr. Engle is a Team Leader in the Public Defender's Office, which entails extra responsibilities in addition to handling his own caseload. This understandably causes

Mr. Engle to fear being placed into a situation of dividing his time between
responsibilities

his

to his clients, his

supervisory duties, and, most importantly for the

puposes of the instant Motion, his obligations to the Defendant. Mr. Engle has also
brought to the Court's attention the apparent lack of resources of the Public Defende/s
Ofiice.

While Mr. Engle's concerns certainly have merit,

it is also

importanl to

recognize the interests of the State of Tennessee, as well as other interests of the Defendant. The Court finds that relieving Mr. Engle and appointing new counsel to start

fresh in the representation of the Defendant would result in an additional cost to the
State and would not enhance the represenlation that the Defendant would receive. The Court also finds that the Defendant gets along well with Mr. Engle and is happy with his representation. These considerations should not be overlooked. After careful deliberation, in light of all of the circumstances of this case and the
law and secondary sources cited by Mr. Engle in the Motion, the Court has decided not

to grant Mr. Engle's Motion. The Gourt finds that the interests of the State and the
Defendant would be better served by keeping Mr. Engle in the case.

While the Court is not granting Mr. Engle's primary request in the Motion, the Court is inclined to grant some relief. The Court has considered multiple options and
has decided to appoint Mr. James Simmons as second chair to assist Mr. Engle, who will remain lead counsel. The Court finds that Mr. Simmons is also very well-qualified to

represent the Defendant in this case. Mr. Simmons has extensive specialized training in handling capital Glses. ln addition, he has represented clients in at least twenty (20) state capitalcases, at various stages of litigation. ln addition, he has also represented at
least eight (8) clients in federal capital cases. The Court finds that Mr. Simmons'training

and experience make him uniquely qualified to assist Mr. Engle as second chair and
relieve some of his workload as it relates to this case. The Court also notes that should the defense require extensions of deadlines or other scheduling modffications, the Court will be willing to consider granting such relief if appropriate. Conclusion

Accordingly, it is hereby ORDERED, ADJUDGED, and DECREED that the

Motion to Withdraw and to Substitute Counsel be respectfully DENIED, but that James Simmons be appointed to assist the Public Defender's Office as second chair in this
case.

Entered tnis

$y

of Janua ry,2014.

cc: Honorable Tom Thurman,

Assistant District Attomey General; Honorable J. Michael Engle, Assistant PUblic Defender; Honorable Jhmes Simmons, Co+ounsel for the Defendant.