HAMPTON, Va. — There’s another delay in the trial of the Hampton mother accused of killing her toddler. A lawyer shake-up is to blame.
When it comes to the trial of Julia Tomlin, the Public Defender’s Office is off the case. Last week, a Circuit Court judge removed Tomlin’s public defenders after they requested more time to review forensic documents.
Hampton's Public Defender Matt Johnson said he doesn't agree with that position.
“We were troubled," Johnson said. "I think my attorneys were doing everything they could, acting in good faith. Working hard to take care of Ms. Tomlin and represent her. It's truly disappointing to see the court take us off a case that we were more than capable and more than willing to handle.”
Senior Assistant Commonwealth’s Attorney Kevin Kulp explained: Hampton’s Commonwealth’s Attorney Anton Bell took issue with the number of times the case has already been continued.
A judge delayed trial last year so Tomlin could undergo a mental health evaluation. It was delayed a second time when new attorneys at the Public Defender’s Office took over the case.
“Three trial dates now that have been continued because the public defender needed more time for one reason or the other,” Kulp said. “Mr. (Anton) Bell did state that he felt that the public defender was dragging their feet."
Kulp said the case has lingered for two years because the defense is never prepared.
“I think there was a great deal of frustration on the part of Mr. Bell. This case, of course, has a very long history. It’s been lingering out there for a while," Kulp said.
"While there are new attorneys on the case, the Public Defender's Office had been representing Ms. Tomlin since the beginning... Certainly, this is all information that had been in their custody, basically since this case first came up in 2019.”
But Johnson said his team had valid and clear reasons to request continuances and it was "shocking" that the judge removed the attorneys.
He said his team was doing its due diligence and pursuing every avenue at its disposal for the benefit of their client and to ensure Tomlin gets a fair trial.
“If they want to call that dragging our feet, so be it," Johnson said. “The Commonwealth seems in this claim that we’re dragging our feet seems to ignore the whole COVID-19 pandemic.”
Johnson also said Tomlin did not request new attorneys.
The judge appointed attorney Tyrone Johnson to take over the defense, instead.
The trial was set to start this month. But yes, both Johnson and Kulp noted: this change in defense attorneys also means another delay. So the trial might not happen for months, maybe even next year.
“It’s mind-blowing," Johnson said. "You pull competent attorneys off a case to replace them with another attorney -- who is competent -- but it’s going to have to start anew.”
Johnson said removing his team doesn’t stop the delay.
“By having Tyrone (Johnson) appointed, the likelihood is, this trial is not going to go to trial in the next year," he said. “If the argument is, ‘We need to get this thing done, we need to get this thing done,’ is it better to get it done in September or next July?”
Kulp agrees. However, he explained he's not expecting this new attorney to ask for as many continuances.
“Obviously the new attorney who’s been appointed, Tyrone Johnson, he’s not going to be available to try this case in June," he said. “Given the reason why the last counsel was removed, I certainly think that there should be, hopefully, fewer delays.”
Police arrested Tomlin back in 2019.
She is facing charges of second-degree murder, concealing a dead body, child abuse, and three counts of felony child neglect in the death of her 2-year-old son Noah Tomlin.
In 2019, officers found the toddler's body in an advanced state of decomposition at the Hampton Steam Plant.