A suspect in an interstate art and memorabilia theft ring can keep his existing lawyer, a federal judge ruled Wednesday.
During a hearing in a Scranton federal courtroom, Joseph Atsus, 53, of Roaring Brook Township, Lackawanna County, formally waived his right to potential future court appeals based on the possibility that his lawyer, Attorney Patrick A. Casey, has a conflict of interest.
Senior U.S. District Judge Malachy E. Mannion ruled Aug. 29 that Casey has no conflict of interest, but said the order would only take effect if Atsus agreed to waive his appeal right after a formal hearing.
Assistant U.S. Attorney James Buchanan had argued Casey shouldn’t be Atsus’ lawyer because he once represented artist Arthur Byron Phillips.
Atsus and two other members of the ring are accused of stealing Phillips’ "Springs Winter" – purportedly painted by famed abstract expressionist artist Jackson Pollock – from the Everhart Museum on Nov. 18, 2005. Another painting, “Le Grande Passion,” by Andy Warhol was stolen there at the same time.
Casey said Buchanan had no proof of a conflict and he represented Phillips for only six months in 2006 after the theft.
Phillips died in 2008. He was never charged in the case.
The trial of Atsus and three other ring suspects is scheduled to begin Oct. 28.