Minden robber gets new lawyer

Lawyer Tod Young withdrew as counsel Monday for convicted bank robber Steven Simmons after he said his client refused to communicate with him.

"Communication with Mr. Simmons has been very difficult from the beginning, now it's impossible," Young told District Judge Michael Gibbons.

Simmons, convicted of armed robbery on Jan. 25, sent a letter to Gibbons saying he wanted to fire Young over a "dirty trick" during closing arguments.

Simmons said he was upset that Young implicated his friend Sean Johnson in the Nov. 22, 2005, armed robbery of the Minden Bank of America branch.

Johnson was not charged in connection with the robbery.

Simmons was found guilty of taking $4,805 from tellers at gunpoint. A video of the robbery showed a masked individual in dark clothes with a handgun vaulting over a counter at the bank with a plastic bag stuffed with money.

The 27-year-old former snowboard park employee was arrested 30 minutes later hiding in a dog house less than a mile from the bank.

The money and weapon were recovered and Simmons was linked to the evidence through DNA.

He was convicted after a three-day trial by a jury of nine men and three women and faces up to 30 years in prison at his sentencing March 12.

"I don't wish to deal with him (Young) any more," Simmons said.

Gibbons said he felt Simmons would be at a disadvantage at sentencing with a new lawyer.

"Mr. Young is a very experienced criminal defense attorney," Gibbons said. "I can't think of anyone who would do a better job for you."

Young said there wasn't much he could talk about without violating attorney-client privilege.

"To be frank, his position is that I intentionally threw this trial so he would be convicted," Young said. "I assure you that's not the case, but assuring him is meaningless. He has taken that position and it would be very difficult to represent him at sentencing because he won't speak to me."

Young, who called himself "fairly thick-skinned," said it hadn't been possible to talk with Simmons about what really occurred as opposed to what his client had hoped the outcome would be.

Gibbons asked Simmons what would be different with a new lawyer.

"You certainly can't say he (Young) didn't work zealously on your behalf during the trial. It was a strong case with evidence against you," Gibbons said.

He appointed Minden lawyer Jennifer Yturbide to take over the case.

Prosecutor Michael McCormick said Young did an excellent job.

"It was the only possible defense he had to bring forward," he said. "It was a battle in here. I just think Mr. Simmons doesn't realize the quality of the defense he's got."

McCormick pointed out that all but two weeks of the 14-month delay in the proceedings were caused by the defendant.

"It's purely in this defendant's hands. I don't think he realizes the seriousness of his actions," McCormick said.

Yturbide would be Simmons' third lawyer. Terri Roeser handled the case until her retirement last year when Young was appointed.

The county's other contracted court-appointed lawyer, Derrick Lopez, originally prosecuted Simmons for the offense when Lopez worked as a deputy district attorney.

Young said he thought it was in Simmons best interest that he withdraw as counsel.

He said he would be willing to work with Simmons' new lawyer.

"Good luck to you," Young said to Simmons as he was returned to Douglas County Jail where he's being held without bail.