Cordaryl Silva turned 26 Tuesday but didn’t get his wish for a new lawyer.
Silva, the Ansonia man accused more than a year ago of murdering a distant cousin outside a Derby bar, has for months wanted a new lawyer, saying the public defender appointed to defend him isn’t doing enough to investigate the case.
To anyone watching Silva’s appearance Tuesday before Judge Frank Iannotti at Superior Court in Milford, it was obvious the two are still at odds.
Silva’s appearance Tuesday began with his lawyer, Lawrence Hopkins, telling the judge that the family hadn’t gotten a new attorney.
“They certainly desire to (replace me), but they were unable to retain anybody to represent him,” Hopkins said.
He then told Judge Iannotti that against his advice, Silva wanted to file a motion for a speedy trial in the case.
If a defendant charged with a crime has been incarcerated continuously since being arrested, he can demand a trial in the case after eight months. Silva was charged with murder 13 months ago.
Silva’s case is currently on the “firm jury” list, meaning jury selection could theoretically start at any time given 24 hours’ notice, but Judge Iannotti indicated Tuesday that it would happen in October at the earliest.
However, the judge told Silva — after wishing him a happy birthday — that if he wanted a trial sooner, he’d grant the request and set down jury selection to begin within 30 days.
“This is one of those things, ask and you shall receive,” Judge Iannotti said. “You understand that jury selection has to begin within 30 days once I grant it. Basically after that occurs there’s really no turning back with regard to your decision to have a speedy trial.”
The judge then suggested continuing the case until Wednesday for Hopkins and Judge Denise Markle to work out a timeline for a trial — but said if Silva withdrew his speedy trial request, he’d still be able to go to trial in October if he wants to.
“So if you and your client were to decide not to go forward with it today, (if) three weeks form today, just hypothetically, Mr. Silva changed his mind and told you to file it again, I’d have to grant it,” Judge Iannotti told Hopkins. “If he wants to go forward in October, he could control that.”
After two animated asides between Hopkins and Silva, Hopkins withdrew the speedy trial motion.
“He’s suggesting to me that maybe we could put this decision regarding a speedy trial off for a month or so,” Hopkins said. “He and I can discuss it in the interim.”
“Mr. Silva, is that what you want to do?” Judge Iannotti then asked.
“Yes,” Silva replied.
Background
Silva faces a single charge of murder in connection with the May 12 shooting death of Javon Zimmerman, a distant cousin, in the parking lot outside RJ’S Cafe in Derby.
Six days after the killing, police picked up Silva on an unrelated probation violation charge and held him in lieu of $250,000 bond. Detectives built a case against Silva while he was being held in jail. He was charged him with murder June 18.
According to the warrant, bad blood had been simmering between Silva and Zimmerman in the weeks leading up to the shooting.
Both had connections to an organized group who sold drugs in the Valley, police alleged.
Police believe the animosity was linked to Silva’s belief that Zimmerman’s family had stopped giving money to his jailed brother to use in a prison commissary.
Two witnesses had identified fingered Silva as the shooter, the warrant said. Silva told detectives he had feared for his life on the night of the shooting, but he stopped short of confessing to pulling the trigger.
Click here to read more about the warrant.
