Third Lawyer Appointed to Paduano Case : Attorney Quits Drug-Robbery Defense

The case of reputed Newport Beach drug kingpin Robert G. (Fat Bobby) Paduano was dealt a setback Thursday when his lawyer abruptly declared a conflict of interest and removed himself, after several weeks of pretrial motions.

Paduano, 45, is charged with 71 counts involving a series of robberies at homes of small drug dealers, or homes where prosecutors say Paduano suspected drug activity. Prosecutors theorize that Paduano was trying to expand his own drug empire in Newport Beach, but that he also tried to pressure the victims into paying him for protection.

Paduano, who remains in Orange County Jail on $500,000 bail, and other members of his family have denied all the allegations. His sons and daughter have said in court that Paduano is simply an investment banker.

His trial had been expected to begin in Westminster soon after the end of the defense’s legal motions. But the departure of defense attorney John D. Barnett Thursday left the trial date in question. Barnett had taken over the case last September after a falling out between Paduano and his first attorney, Alan M. May of Santa Ana.

“It’s frustrating,” said Deputy Dist. Atty. Christopher W. Evans. “But what can you do? You have to learn to live with frustrations in this job and just keep plugging along.”

Attorney Patrick McNeal, appointed Thursday to replace Barnett, said he will have to spend probably 2 weeks just sorting through the list of people involved in the case to make sure that he also does not have a conflict.

By law, Barnett was not allowed to disclose what his conflict was. Usually when lawyers declare conflicts of interest it is because they discover that they once represented a witness on the list. But it can be for a variety of other reasons, such as an inability to get along with the client.

Judge Kathleen E. O’Leary in Superior Court, Santa Ana, ordered the lawyers to return June 9 to see where the case stands.

“To be realistic, it’s going to take me a while,” McNeal said.

O’Leary had heard 14 days of testimony when Barnett left the case Thursday. McNeal said he did not know yet whether he will ask O’Leary to start all over or whether he could save the court time by carrying on where Barnett left off.

“Different lawyers do things different ways,” McNeal said. “I’ve got a lot of reading to do on this case before I know just where we’re going to go with it.”

Prosecutor Evans said he did not blame McNeal for needing time to acquaint himself with the thousands of pages of grand jury, preliminary hearing, and pretrial motion transcripts. But when the case resumes June 9, Evans said, he will ask the court for a firm trial date.

Paduano was arrested in February, 1988, after an extensive investigation by Newport Beach police and the district attorney’s office. He also faces similar charges in Riverside County, including conspiracy to kidnap a Palm Springs man for ransom.