Pubdate: Tue, 26 Sep 2006
Source: Green Bay Press-Gazette (WI)
Copyright: 2006 Green Bay Press-Gazette
Contact: http://www.greenbaypressgazette.com/contact/forms/editor_letter.shtml
Website: http://www.greenbaypressgazette.com/
Details: http://www.mapinc.org/media/879
Author: Andy Nelesen, MURDER FOR HIRE TRIAL WILL START TODAY

Diaz Fails In Attempt To Fire His Lawyer

A 33-year-old man who allegedly tried to hire someone  to kill a 
Brown County narcotics agent and a  confidential informant will stand 
trial today, despite  his efforts to fire his lawyer.

Leo Manuel Diaz in June pleaded not guilty to two  counts of 
solicitation of first-degree intentional  homicide. If convicted on 
both charges he faces 25  years in prison.

At a hearing Monday, Diaz claimed that his lawyer, Eric  Pangburn, 
had a conflict of interest because he  represented in an unrelated 
case a man who Diaz claimed  was a witness in an unrelated federal 
investigation  against him.

In a discussion with Brown County Circuit Court Judge  William 
Atkinson, Pangburn acknowledged representing  the man, but knew 
nothing of an ongoing federal  investigation. Pangburn said his 
representation of the  other man had nothing to do with Diaz's case 
and didn't  see it as a conflict.

Atkinson asked Diaz for more information about the  alleged federal 
case, but he was unable to provide  specifics. Atkinson ruled that 
there was not enough  information to remove Pangburn from the case 
and scuttle the jury trial.

After Atkinson rejected the move, Diaz asked to have  Pangburn fired 
outright, a move Atkinson also quashed.

"This is the same doggone motion I heard two minutes  ago," Atkinson 
said. "I'm not going to allow you to  fire him on the eve of trial."

According to the felony criminal complaint filed in  May, Diaz began 
talking with another inmate while in  the Brown County Jail on a drug 
case and allegedly said  he wanted to have the narcotics agent and 
the confidential informant who helped build the case  killed.

Diaz also allegedly told the inmate that he wanted his  co-defendant 
from the drug case killed, but said the  drug cartel he worked with 
would take care of that once  the man was deported to Mexico.

Diaz said he would pay more for killing a law  enforcement officer 
because "killing a cop was going to  bring more heat and be harder to 
do," the complaint  said.

During conversations at the jail, Diaz allegedly  offered to pay the 
inmate $5,000 to kill the informant  and $10,000 to kill the 
now-former narcotics agent, a  nine-year veteran of the Brown County 
Sheriff's  Department. The agent rotated out of the county's drug 
unit as part of routine personnel changes.

Diaz said he was owed $25,000 in drug debt and promised  to set up 
the other inmate in the drug trade if he went  through with the 
killings, the complaint said. Diaz  also offered the inmate a BMW 
once both men were  killed.

Drug agents recorded a conversation between Diaz and  the inmate 
where they discussed the offer, but it was  in less detail than in 
previous conversations,  according to the complaint. Diaz wrote on a 
piece of paper "Kill them both. Don't leave any witnesses," and  then 
tore up the paper, according to the complaint.

Diaz told the inmate to make a phone call and say "It's  a beautiful 
day" as a signal to indicate both men were  killed, the complaint said.

Diaz is being held in lieu of $500,000 bail in the  murder-for-hire case.

The underlying drug case was closed earlier this month  when Brown 
County Circuit Court Judge J.D. McKay  sentenced Diaz to five years 
in prison and four years  of release on extended supervision for 
selling more  than 110 pounds of marijuana -- with a street value 
of  more than $170,000 -- in Brown County.
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