Michael York – the rural Ramsey man who agreed last month to a 20-year prison sentence for the murder of his unborn child – will seek a second trial under new counsel.
York waived his rights to any appeal last month after accepting a plea agreement to serve prison time for the first-degree murder of his unborn baby.
That 20-year sentence included a five-year term for the aggravated battery of a pregnant Krystal Heggie, whose baby died three days after its birth.
But York is expected to formally withdraw his sentence agreement in Fayette County Circuit Court on Dec. 23, citing a conflict of interest with his court-appointed lawyer, Ed Potter.
“Edwin Potter talked me into agreeing to the sentence agreement,” York wrote in documents filed Dec. 1 with the Fayette County Circuit Clerk. “I have now realized that he was wrong in doing so…I would like to withdrawl that due to the fact that Edwin Potter should not have represented me in the first place.”
York claims Potter, a Fayette County public defender who previously represented Heggie in a criminal case, could not remain impartial because of his involvement with the victim.
York’s letter asked for the immediate appointment of a new public defender and indicated he would file a motion for a new trial on the grounds of conflict of interest, despite an earlier ruling from the Illinois Supreme Court that seems to invalidate York’s request.