SALINE COUNTY, ILLINOIS (WSIL) -- More delays in the Alexander McWilliam trial are possible after his lawyer files a motion to be taken off the case.
McWilliam, 35, has been charged with first degree murder in theÂ
Friday, July 9th would have marked the last preliminary hearing for McWilliam before the start of his jury trial on the 21st, but that date could possibly be pushed back.
On May 6th, the court appointed McWilliam an Attorney named Allen Roe, who is a public defender.
Roe's been in the courtroom with the defendant during the prosecution presenting their first piece of evidence, testimony from an Illinois State Police Sergeant.
He filed a motion to be taken off of the case on July 2nd after the court received a letter from a person claiming to have evidence in the case.
According to court documents, the attorney believes there's a conflict of interest.
"Counsel represents the potential witness as a defendant in multiple felony causes. Counsel has met with the potential witness in relation to those pending felonies and has appeared in court with and on behalf of the potential witness on multiple occasions."
State's Attorney Molly Kaiser did file a response asking the judge to deny Roe's request saying the prosecution does not plan on calling on this potential witness to testify during the trial. If circumstances changed, the person has the opportunity to waive their rights to a conflict-free representation.
The judge had been set to make a decision on that motion on July 7th, but McWilliam refused to come to court after not getting notice about the hearing, which is now rescheduled for July 13th.
Kaiser told News 3 whether the jury trail starts on time or is delayed all depend on the judge's decision over allowing Roe to be dismissed from the case or making him stay on it.
