Sean Williams gets new lawyer, new trial date — Judge says there’ll be no more lawyers appointed

GREENEVILLE, Tenn. (WJHL) — In an order filled with stern warnings, a federal judge appointed a fourth attorney for accused child rapist and child pornography producer Sean Williams, said he wouldn’t get a fifth, and postponed his trial on an escape charge to July 16.

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Judge Ronnie Greer’s 13-page memorandum opinion and order, filed Monday afternoon on the eve of what would have been day one of Williams’ escape trial, named Bristol attorney Ilya Berenshteyn to represent him. Greer didn’t pull any punches about Williams, who also faces federal child pornography production charges, being down to his last chance after the withdrawal of his three previously appointed attorneys.

“(T)he court issues a fourth and final warning to Mr. Williams, in unmistakable terms: if he cannot work harmoniously with his next attorney and either he or his substitute attorney inform the court of a desire or need to dissolve their attorney-client relationship, Mr. Williams will have waived his constitutional right to an attorney and will represent himself from then on, including at trial.” (emphasis from Greer order)

Greer also said the July 16 date was not subject to change after multiple previous continuances due largely to Williams changing attorneys. If either he or Berenshteyrn complains of an “irreparable breakdown” in their relationship, “even on the very morning of the trial,” the trial will occur as scheduled, Greer wrote.

Williams’ case has received broad attention, and he is at the center of two federal civil lawsuits against Johnson City and some of its current and former police officers.

In one, a former federal prosecutor who worked with Johnson City Police Department (JCPD) claims JCPD fired her after she pressed them in 2020 and 2021 to broaden an investigation into Williams beyond a federal ammunition case. The other is on behalf of at least nine alleged sexual assault victims and claims JCPD essentially enabled his alleged crimes and that there was some level of corruption involved.

The order comes two weeks after Greer approved attorney Joseph McAfee’s motion to withdraw. It answers the question of why Greer said he had to grant the motion “because of Mr. Williams’ actions.”

Williams himself had tried to fire McAfee several weeks earlier and Greer had denied that motion. Following that, Williams “filed a complaint of misconduct against him with the Tennessee Board of Professional Responsibility,” something Greer wrote forces McAfee to take time and provide an answer so the board won’t summarily suspend his license.

COMPLETE COVERAGE OF THE SEAN WILLIAMS CASE

Greer wrote that contrary to poorly representing Williams, McAfee had attempted to give him solid legal counsel and that when he denied Williams’ request he “urged Mr. Williams to heed Mr. McAfee’s legal advice and stop trying to manage his own defense.”

Greer’s order outlined in detail the former Johnson City businessman’s issues with his first three attorneys. In addition to the federal charges, Williams faces multiple state counts of child rape related to three alleged incidents at his downtown Johnson City apartment. Authorities also allege that video and photo evidence shows him sexually assaulting more than 50 different women in his apartment.

Why one more chance?

After reciting numerous problems starting with three previous appointed attorneys and noting another judge had already issued a “final warning” that he wouldn’t get a fourth, Greer said a couple factors led him to appoint one more lawyer. Berenshteyn follows David Leonard, Bryce McKenzie and McAfee — all of whom had motions to withdraw approved by Greer.

Greer noted the Sixth Amendment right to counsel “is a solemn one,” and said it requires that a defendant be both “unreasonable” in their interactions and relationship with appointed attorneys and also “persistent” in efforts to demand new counsel.

Williams, he wrote, did not try to get Leonard or McKenzie fired, and in fact said he didn’t know why McKenzie quit and “thought he was great.”

Greer wrote that Williams has likely displayed similar behavior with all three attorneys, citing him being reprimanded for “talking when he should be listening,” and noting he “wants to oversee every conversation” and “every effort that’s made to prepare for the trial.”

But inferring that the problems were similar in the previous situations isn’t enough, as “inferences are not the currency of the realm when the Court deals in matters of the Sixth Amendment…”

In addition to lack of an explicit showing of “persistent” demands for replacement attorneys, Greer wrote that Williams has never indicated he wants to represent himself.

“Because Mr. Williams maintains that he does not wish to proceed pro se and the record lacks verifiable evidence of persistent, unreasonable demands for the dismissal of all three of his attorneys — and because his Sixth-Amendment right to counsel is a solemn one — the Court is loath to rule that it can make an explicit finding, on this record, that he has waived his right to representation.”

Final final warning

Greer wrote that if Williams does end up without Berenshteyn by his side, “any lamentations about is lack of preparedness” or his lack of qualifications to represent himself “will not countenance a motion to continue” and he won’t endure a prejudice to his defense, because he’s been warned numerous times.

Greer ended the lengthy order with a warning to Williams about “the dangers of self-representation.”

He noted Williams hasn’t studied law, isn’t an attorney and is unfamiliar with federal rules of evidence or rules of criminal procedure. He is “unacquainted with matters of trial strategy, and does not seem to have any understanding of the difference between relevant and irrelevant evidence,” Greer continued.

Such deficits, he noted, could be even more problematic, “even disastrous,” in the much more serious child pornography production trial, as prosecution of such cases “often involves reams of digital forensic evidence and expert-witness testimony.”

Williams won’t be instructed on the meaning or applicability of federal rules, but he’ll still be expected to abide by them, Greer wrote. He said Williams will act unwisely if he doesn’t make every effort to work together with Berenshteyn.

“The court strongly urges him not to engage in conduct — for example, micromanagement of his own defense, particularly as it pertains to matters of legal strategy — that might compromise the attorney-client relationship between him and his new attorney…

“In short, the Court strongly urges Mr. Williams not to represent himself.”

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