Poutre trial halted as attorney falls ill

(Stephen Rose for the Boston Globe)

Jason Strickland (left) sat with attorney Alan Black last month at a pre-trial hearing.

By Patricia Wen, Globe Staff

SPRINGFIELD - The child abuse trial of Haleigh Poutre's stepfather was abruptly called off today when the judge announced that one of the defense attorneys, Alan Black, was ill, a development that could jeopardize the completion of the trial.

Hampden County Superior Court Judge Judd Carhart told jurors the news at 9 a.m. just as they had taken their seats for the start of the second week of testimony in the criminal case against Jason Strickland. The trial was originally scheduled to last about two weeks. Jurors were told to return Wednesday, unless otherwise notified.

Black's co-counsel, Richard Rubin, said outside the courtroom that Black had been taken to the hospital for some routine screening tests, though Rubin would not say what was causing Black to feel sick. Rubin said Black does not have any chronic health problems.

Black apparently had been feeling poorly throughout last week. After the opening statements last Tuesday, the judge cut short the day around 11 a.m. after announcing that a "quasi-emergency" had come up. Later, an assistant clerk said that a participant in the trial was not feeling well, though he would not specify the individual's name. Rubin and an assistant clerk acknowledged today that it was Black.

When asked after opening statements last Tuesday who was feeling sick, Black said he was instructed by the court not to say. He did not appear visibly sick last week during the five days of the trial.

Rubin said that he should know by Tuesday whether Black will be well enough to return on Wednesday. The courts are closed on Tuesday in honor of Veteran's Day.

Strickland, 34, is accused of participating in a pattern of child abuse against Haleigh, culminating in near-fatal brain injuries that put her in coma in the fall of 2005. Haleigh, now 14, has recovered to the point that she is able to attend a day school in a Brighton rehabilitation hospital.

If Black's illness causes a prolonged absence, the judge would have to make some serious decisions. Jurors had been told originally the case would last no more than two and a half weeks, and it is unclear whether they could accommodate a longer trial. Rubin said he is not able to take over all of Black's roles because the two lawyers shared duties, and he is not well-versed enough in all aspects of the case to run the entire legal defense. A prolonged delay raises the possibility of a mistrial, Rubin said.

If a mistrial is declared, it would be the second time that the case has been delayed due to issues related to the defense attorneys. Last fall, the case was scheduled to go to trial when Strickland's original defense attorney, Greg Schubert, recused himself.

Schubert made the decision when Juvenile Court Judge James G. Collins was temporarily appointed to Superior Court to preside over the criminal case against Strickland. Collins had overseen Haleigh's custody and end-of-life decisions, and he and Schubert frequently sparred bitterly during juvenile court hearings.

After failing to get Collins to step down, Schubert resigned as Strickland's attorney, saying, among other things, that his client needed a lawyer who did not have a history of such contentious relationships with the judge. Black was appointed to represent Strickland in the trial this fall. Rubin joined Black to help with Strickland's defense.

Weeks later, Collins also recused himself from the case, which is now being presided over by Judge Carhart.

Patricia Wen can be reached at wen@globe.com.

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