SMETHPORT — An Olean, N.Y., woman who pleaded guilty in May to a motor vehicle accident in which a Portville, N.Y., man died was denied a different attorney on Wednesday.
Tifany M. Prescott, 28, had pleaded guilty May 6 to charges of homicide by vehicle while DUI, homicide by vehicle, two counts of DUI-alcohol and summary charges. She has not been sentenced.
On Wednesday, a status conference was held before President Judge John Pavlock because Prescott wanted a different attorney. She is being represented by Public Defender Philip Clabaugh.
“The grounds (for a new attorney) that she asserted was bias on my part,” Clabaugh told Pavlock.
Clabaugh said he was not comfortable divulging the nature of the asserted bias due to attorney-client privilege.
Prescott was asked why she requested a different attorney.
“I just don’t feel like he really cared enough about my case, and I feel like I was rushed to sign a plea,” she said. “He wasn’t on my side.” Prescott said she feels “all alone.”
District Attorney Stephanie Vettenburg-Shaffer said she did research into law related to Prescott’s request and concluded, “A defendant is entitled to counsel; they are not entitled to counsel of their choice.”
Shaffer explained that Prescott had not alleged any actual conflict, and she opposed her request.
Pavlock agreed with Shaffer’s findings.
“You don’t get an attorney that you feel connects with you,” he told Prescott. “You get a competent attorney that represents your interests.”
Pavlock said that since nothing was raised to show that anything improper happened, he denied the motion for a new attorney.
On May 6, Prescott pleaded guilty to allegations that on Jan. 3, while under the influence of alcohol and driving at a speed greater than prudent, Prescott was in a car accident. Her passenger, 24-year-old Ryan Frair of Portville, was ejected from the car and landed in the road.
Prescott is incarcerated in McKean County Jail in lieu of $60,000 bail. She is scheduled to be sentenced on June 25.