Jose Calo leaves the Luzerne County Courthouse after he was appointed a new attorney on Tuesday. Ed Lewis | Times Leader
Click here to subscribe today or Login.
WILKES-BARRE — A Nanticoke man charged in the drug driving death of James Mahon in Plymouth last year was appointed a new defense attorney Tuesday due to a breakdown in the attorney-client relationship with his previous lawyer, Luzerne County Chief Public Defender Steven M. Greenwald.
Jose Calo, 58, of Pine Street, was under the influence of fentanyl when he crashed his Ford Explorer that killed Mahon, 86, in the area of 10 E. Main St. on June 25, according to court records.
Greenwald graduated in 1977 from Wyoming Valley West High School when Mahon was an assistant principal.
Calo when presented with a plea agreement offered by the District Attorney’s Office in March began to express his disappointment that Greenwald had a prior “relationship” with Mahon, according to court records.
Greenwald said he had no relationship with Mahon other than the fact Mahon was an assistant principal at the high school he attended. Greenwald said he had not spoken with Mahon in nearly 45 years.
Despite the near half century of not seeing or speaking with Mahon, Calo felt there was a conflict with Greenwald defending him on charges of homicide by vehicle, homicide by vehicle while driving under a controlled substance, accidents involving death, driving under a controlled substance, driving with a suspended license and several traffic violations.
Since March, Calo refused to meet with Greenwald and members of the public defender’s office at the county correctional facility.
Greenwald filed a motion for a conflict attorney to be appointed to represent Calo.
In court Tuesday, President Judge Michael T. Vough said defendants have a right to be represented by an attorney but don’t have the right to chose an attorney if they are unable to afford one themselves.
Greenwald said the attorney-client relationship with Calo has broken down despite not agreeing with Calo that there was a conflict because he attended the same high school when Mahon was an assistant principal.
An attorney will be appointed to represent Calo, whose trial was continued from May 5 to Sept. 8.
Mahon was struck by Calo’s Ford and was partially trapped under a parked vehicle in front of 10 E. Main St., according to court records.
Emergency medical technicians and firefighters removed Mahon and transported to Geisinger Wyoming Valley Medical Center where he died.
Calo’s Ford overturned and came to rest outside the Turkey Hill store. He became alert when he was administered two doses of Narcan and transported to a hospital.
Court records say a test of blood drawn from Calo several hours after the crash showed levels of fentanyl in his system.
Calo remains jailed at the county correctional facility without bail.