Mistrial in Her Murder Case : Warrant Issued for Missing Attorney

The mysterious disappearance of a public defender caused a Superior Court judge Wednesday to declare a mistrial in the murder trial in which the attorney was involved and to issue a warrant for her arrest.

Attorney Carol Brawley, in her late 30s, did not appear in court Tuesday morning to continue her defense of Glenda Virgil, who is accused of the shotgun killing of her common-law husband, Mark Garrett, last November at a Dulzura gun club where they were caretakers.

Judge G. Dennis Adams declared the mistrial after Brawley did not appear Wednesday. Ernest Marshall, Adams’ court clerk, said the judge acted because of Brawley’s non-appearance that day and several other missed appearances and late arrivals during the trial. The bench warrant calls for Brawley’s arrest and jailing without bail.

‘Less Than Professional’

According to Marshall, Brawley’s “presentation was less than professional.”

Brawley’s co-workers at Community Defenders Inc., however, are concerned that Brawley’s disappearance may involve foul play, said Kay Sunday, who is employed by the firm. A search by co-workers of her Hillcrest home turned up Brawley’s purse with her identification in it, Sunday said. Brawley’s cat was found inside the house and unfed. The woman’s truck also was missing.

Sunday, an assistant team leader at the law firm hired by the county to defend indigents, said, “We’ve spent the better part of the day trying to find her. We’ve checked hospitals, her family, even the jail, although I don’t know how they would know because she probably didn’t have any identification with her.”

Sunday said Brawley had been with Community Defenders Inc. for about 2 1/2 years, coming to San Diego from Madera. Sunday described Brawley as “a very dedicated attorney” who “worked days, nights and weekends,” carrying a heavy load of serious felony cases, “heavy-duty kinds of cases.”

Called Office Tuesday

“She has been under heavy pressures lately,” Sunday said. “We all have, because of our workload and the uncertainty as to what our futures will be.” County budget problems and a recent reevaluation of the success of the public defender system by county officials could mean the end of a county contract for the firm.

Brawley called the Defenders office about 9:15 a.m. Tuesday to ask her law clerk to pick up a case for her, Sunday said. “We have no reason to think that the call was not a local one or that there was anything amiss,” she said.

Minutes after making that call, however, Brawley did not appear in Adams’ courtroom to resume her defense of Virgil. She also failed to appear at a trial-setting hearing Tuesday and at another Wednesday in a case to which Brawley was assigned as defense attorney.

Sunday said Brawley was reported as a missing person to the San Diego Police Department Wednesday and a description of her and her truck was being circulated to other law enforcement agencies.

“We are all worried and some of the investigators are working on their own time trying to find her, just because she is a good person,” Sunday said. “We are all trained legal minds here and if she can be found, I think we will find her.

“I only hope that she has ‘flipped out’ because that would mean that she could be helped, but we are very concerned that something has happened to her.”