Wife of Eureka attorney accused of drug trafficking needs new lawyer
The setting of a preliminary hearing was delayed Monday in a drug trafficking case because one of the women involved must get a new lawyer.
The preliminary hearing date for defense attorney Michael Acosta, 49, and Sarah Carroll, 37, was supposed to be set on Monday, but Russell Clanton, who was appointed to represent Carroll, said he had to withdraw from the case because of a conflict of interest.
“So we’ll need new private counsel,” said Judge Lawrence Killoran, who also said he would need to recuse himself because of a conflict of interest.
Another attorney will be appointed for Carroll, and Clanton said he had a minimal amount of evidence he could share with the new attorney once he or she is appointed.
Confirmation of Carroll’s counsel and the setting of a preliminary hearing date are set for 10:15 a.m. Thursday.
Acosta objected to the delay in setting the preliminary hearing.
Acosta was arrested with his wife and four others — Tracie Judith Nichols, 46, Bryan Edward McBeth, 36, Ashley Morgan Asti, 31, and Richard Lee Haberman, 73 — on Feb. 4 on suspicion of trafficking drugs and firearms, according to a news release from the Humboldt County Drug Task Force.
Acosta and Carroll are facing three felony charges related to maintaining a drug house and having drugs, heroin and Alprazolam, for sale, but in a previous interview Acosta said the charges are baseless.
The other people arrested were his clients who visited his home office and the drug charges don’t apply to drugs that were in his home for personal use, Acosta said.
Acosta filed a demurrer contesting the charge related to maintaining a drug house since the complaint against him and Carroll states that occurred on one date and not on a continuous basis like the charge requires, but it was denied.
Acosta and Carroll are facing three felony charges related to maintaining a drug house and having drugs, heroin and Alprazolam, for sale, but in a previous interview Acosta said the charges are baseless.