Judge: Suspect in Aurora murder can't fire public defender

A man awaiting retrial in the gruesome slaying of his stepdaughter in Aurora tried to fire his public defender again Thursday, but a judge wouldn't allow it.

Laurence Lovejoy, 44, is scheduled to stand trial in January on charges he poisoned, beat, stabbed and drowned 16-year-old Erin “EJ” Justice in 2004. A DuPage County jury sent him to death row nearly four years ago, but the Illinois Supreme Court last year overturned the verdict and ordered a new trial.

In court Thursday, Lovejoy accused his attorney, a senior public defender, of being ineffective by, among other claims, “refusing” to pursue expert witnesses and other defense strategies he believes could help his case.

But Judge Kathryn Creswell ruled she could not legally consider Lovejoy's argument until after he is represented at trial.

“It's premature,” she said.

Lovejoy is charged with murdering Erin a Waubonsie High School track standout in her mother's Aurora townhouse on March 27, 2004, about three weeks after the teen accused him of raping her in Naperville.

He was convicted in February 2007 after prosecutors introduced physical evidence, including a partial bare footprint in Erin's blood, linking him to the crime.

More than two years later, however, Illinois Supreme Court justices overturned the verdict, ruling Lovejoy was denied a fair trial because he didn't get the chance to call a last-minute witness to rebut the footprint evidence.

Assistant Public Defender Mark Lyon said a defense team continues to work on the defendant's behalf, even without his cooperation.

“I hope Mr. Lovejoy will at least talk to us before trial,” Lyon said in court.

Thursday was not the first time Lovejoy, an indigent high school dropout, tried to fire a public defender. In April, he requested but was denied permission to represent himself in the death penalty case.

Also on Thursday, Lovejoy was ejected from the courtroom for talking out of turn, a repeat occurrence in his six-year legal saga.

“I am being forced to represent myself because they do not represent me, your honor,” he said moments before Creswell gave him the boot.

“We're done here, Mr. Lovejoy,” she said.

Jury selection begins Jan. 11.