Monday, August 5, 2013

Dad accused of choking teen son, forcing him to stay in shed (Mobile, Alabama)

Dad is identified as DAVID DIAMOND. No mention here of a mother in the home or anywhere else.

ADA wants no contact order for father Father accused of choking son

Updated: Sunday, 04 Aug 2013, 9:58 PM CDT
Published : Sunday, 04 Aug 2013, 3:16 PM CDT
Renee Dials

MOBILE, Ala. (WALA) - Mobile County prosecutors are hoping to hear from a circuit court judge who has been asked to set a hearing on two motions in a domestic violence case we've been following. It involves a man accused of choking his son , and forcing the teen to stay in a shed during the day.

David Diamond may be back in court before his September 2 preliminary hearing. Diamond pleaded not guilty .

Assistant District Attorney Nicki Patterson is asking the judge set a hearing on two motions she recently filed.

One of the motions involves Diamond's lawyer, Steve Giardini . Patterson believes Giardini has a conflict of interest, because he was in charge of two investigations involving Diamond in 2002 and 2008 when he worked as an Assistant D.A.

"The cases were not prosecuted. They were reviewed. DHR is the one who brought them forward. Some actions were taken by DHR, and there was no law enforcement involvement as far as our records show, but Mr. Giardini was the person in charge of those investigations, and ultimately the one who made the decision to close," Patterson said.

Reporters questioned Giardini on July 29 about a possible conflict of interest.

Reporter: "Would that present a conflict to represent him?"

Giardini: "Potentially."

Renee: "So you're not saying you didn't, you're just saying you don't recall?"

Giardini: "I have no recollection of it."

Giardini told reporters he couldn't remember any cases involving Diamond while he was with the D.A.'s Office.

Patterson wants the judge to decide if Giardini should step aside as Diamond's defense lawyer. She also wants to keep Diamond away from the teenager he's accused of choking. In her request for a no contact order she sites the father's treatment of the boy, which includes forcing him to remain in a shed for hours during the day.

She also said he forced the teen to do bare knuckle push-ups on the concrete, eat cold foods, and take cold showers.

Patterson said if the motion is granted, Diamond would face two options.

"The father could leave the home and leave the child in the home with another responsible adult, or if he chose not to do that, then DHR could be ordered to place the child in appropriate environment," she said.

Patterson said it would be difficult to proceed with the domestic violence case if the child remains in Diamond's care.