Attorney Daniel Horowitz removed from Susan Polk Case

Daniel Horowitz
Photo(s) by Luke Thomas

January 20, 2006

MARTINEZ (BCN) -- A judge today removed high-profile defense lawyer Daniel Horowitz from the murder case of Susan Polk after he said he had a conflict of interest.

The ruling by Contra Costa County Superior Court Judge Laurel Brady means that Polk, a 47-year-old Orinda woman, will defend herself when her trial begins on Jan. 31. She is accused of killing her husband, 70-year-old psychotherapist Felix Polk, in October 2002.

Susan Polk, who has fired three other attorneys who have represented her, said recently that she wanted Horowitz and co-counsel Ivan Golde off her case.

Horowitz beat her to the punch today by telling the judge that he would have "a direct conflict'' in continuing to defend Polk, based on what he described as "public statements by her out of the courtroom.''

Horowitz apparently was referring to Polk's statements to reporters that she believes Horowitz might have been involved in the October murder of his wife, 52-year-old Pamela Vitale. Vitale was found bludgeoned to death in the couple's Lafayette home.

Horowitz said that in order to respond to Polk's allegations, he would have to "divulge attorney-client privileged matters.''

Brady then removed Horowitz and Golde from the case, citing both the actual conflict of interest as well as a potential conflict of interest: the fact that the same investigators and pathologists who worked on Vitale's homicide also worked on the homicide of Felix Polk.

Susan Polk is scheduled to be back in court Tuesday morning for a
readiness hearing.

After today's hearing, Polk's mother, 72-year-old Helen Bolling said, "I'm not happy at all'' about Horowitz being removed from the case.

Bolling said of her daughter, "I think she's making a terrible mistake.''

She said of Horowitz, "I think he's the most compassionate and empathetic human being I've ever met.''

Bolling also said "the charges of Dan being involved (in his wife's murder) are absolutely absurd.''

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