Judge: Public defender stays in Cole case

A Cook County judge refused Thursday to use money posted by the county's former chief financial officer to pay for a private attorney for an ex-county employee who is now in jail.

Judge James Patrick Murphy had been asked by the public defender's office to approve a request to withdraw from representing Tony Cole, a former aide to ex-Chief Financial Officer Donna Dunnings. The office argued Cole could use the $4,000 posted as his bond to pay a private lawyer.

That money had been posted by Dunnings when Cole was arrested on charge of violating an order of protection in connection with a domestic battery charge. Cole was fired and Dunnings resign under pressure when news of her bailing Cole out of jail became public.

Murphy refused the request, noting that to use the money in that manner, he would have to hold a hearing and hear from Dunnings herself.

"If he qualifies for the public defender's office, that's the end of it," said Murphy, who did require Cole to sign a sworn affidavit saying he could not afford an attorney.

Cole again claimed in court that he is the victim of a political conspiracy.