Friday, Sep. 04, 2009

Coleman asks judge to rule he is poor; wants money from fund to pay for lawyers

The man accused of murdering his wife and two sons is asking a judge to find that he is poor so he can receive money to pay his lawyers from a fund used to pay for death penalty cases.

Christopher Coleman, 32, faces three counts of first-degree murder in connection with the ligature strangulation murders of his wife, Sheri Coleman, 31, and Garett, 11, and Gavin, 9, who were found dead in their beds at their home on 2845 Robert Drive in Columbia on May 5.

Monroe County State's Attorney Kris Reitz announced last month that he would seek the death penalty for Coleman.

Reitz's announcement meant Coleman's lawyers, Art and William Margulis must receive certification from the Illinois Capital Litigation Bar to ensure they meet the requirements to handle death penalty cases.

It also allows his attorneys to receive compensation for Coleman's defense from the Capital Litigation Fund, established in 2000. But Coleman must be found by a judge to be indigent before his lawyers can receive their fees from the fund, said Southern Illinois University law professor Bill Schroeder. Lawyers draw $151 an hour from the fund, said Kati Phillips, spokeswoman for the Illinois state treasurer's office.

In Coleman's affidavit filed Thursday, he claimed he owes $240,000 on a mortgage on the Robert Drive home where his family was killed. The home's value is currently $195,000, he further stated. He listed $1,000 in assets, including a Ford Explorer and other personal items and $500 in a bank account.

Coleman, the former personal bodyguard for televangelist Joyce Meyer, earned $100,000 a year, but resigned his position after the murders.

The fund also provides funds to Reitz office to offset the cost of prosecuting a capital case.

Lawyers may also use the fund for investigation assistance, expert witnesses, forensic and DNA testing, mitigation specialists and other trial expenses.

Under reforms that take effect Jan. 1, 2010, the presiding judge, in this case, Circuit Judge Milton Wharton, must approve trial expenses by counsel before the receive payment. State's attorneys may have trial expenses approved by the Illinois attorney general or the state's attorney appellate prosecutor.

"The fund isn't as free-wheeling as it used to be," Schroeder said. "There is more regulation of the fund now than when it was implemented."

Capital cases usually cost between $500,000 to $700,000 to defend, Phillips said. The fund is currently paying for 16 cases from around the state.

Wharton will preside over a hearing in Monroe County Circuit Court this afternoon to determine whether Coleman is now indigent.