Judge appoints Zoa White murder suspect an attorney

MOBILE, Ala. (WALA) - A Mobile County court has appointed an attorney to represent a murder suspect in the Zoa White case against his will.

Carlos Kennedy had originally wanted to represent himself. He was back in a Mobile County courtroom Tuesday but, this time, he was accompanied by defense attorney Jason Darley.

Kennedy was arrested in September 2010 for the murder of White , a retired realtor. Since then, Judge Joseph Johnston urged him to seek an attorney, but Kennedy refused.

Kennedy was found competent and allowed to represent himself.

That changed Tuesday.

Assistant district Attorney Jo Beth Murphree said he was ordered to have representation.

"No that was not his choice, it was the court's choice," said Murphree.

Murphree said, by law, the court has a right to appoint an attorney if a defendant is not competent to represent himself or did not knowingly or intelligently waive his right to an attorney.

Tuesday, the court recorded testimony from an expert witness for the state: Patrick Goff with the Alabama Department of Forensic Science.

The reason for the early testimony was the prosecution feared Goff wouldn’t be available for the trial date. The case was set to go to trial on Nov. 26, but now is set for May 6.

His testimony offered a first look at the DNA evidence in this case. It included a pair of blood-stained shorts and several swabs from the crime scene at White’s home.

Goff testified that most of the blood samples taken from White's home were a match for Kennedy's DNA.

"If I wasn't sure they were accurate, I wouldn’t be testifying,” said Goff.

Murphree said the testimony is significant to the prosecution's case.

"The DNA evidence that was just testified is an important part of this case,” said Murphree.

Goff also testified that semen was found on samples taken from the victim's rectal and vaginal areas but could not find the DNA and, therefore, could not test it up against Kennedy's.

Defense attorney Darley said he has been on stand-by for the case for some time but needed more time to prepare and examine evidence like what was in court Tuesday.

Darley said, "There’s a long way to go, but we’ll be fine.”