The trial of Shawn Custis has been postponed till Feb. 9 after a change in defense attorneys Watch video
NEWARK -- After a change in defense attorneys, a trial has been delayed until next month for a Newark man charged with beating a Millburn woman in a 2013 home invasion attack caught on a "nanny-cam."
During a hearing on Tuesday, Superior Court Judge Ronald Wigler set Feb. 9 as the new date to begin jury selection in Shawn Custis's trial, according to an audio recording of the proceeding.
Custis was scheduled to go on trial on Jan. 26 with attorney Olubukola Adetula representing him.
But Wigler said during the hearing that Adetula has indicated he would be unable to continue to represent Custis, because their relationship has deteroriated to the point where Adetula does not believe he can adequately represent him.
The judge agreed to relieve Adetula as Custis's counsel and allow Essex County public defender John McMahon to represent him at the trial.
McMahon said during the hearing the postponement till Feb. 9 would allow him to better prepare for the trial. According to McMahon, Adetula and Custis both sought to end Adetula's representation in the case.
As a result of his lengthy criminal record, Custis is facing an extended state prison term of up to 40 years if he is convicted at the trial, Wigler previously said. Custis would then have to serve at least 85 percent of that sentence before becoming eligible for parole, Wigler said.
Custis, 45, is charged with attempted murder, aggravated assault, endangering the welfare of a child, robbery, burglary, criminal restraint and theft in connection with the June 21, 2013 incident.
Custis allegedly kicked, punched and threw the woman down the basement stairs as her daughter sat on the living-room couch, authorities said. Her 18-month-old son was asleep in an upstairs bedroom, authorities said. Custis also stole various items from the house, authorities said.
In May, Wigler ruled Custis is competent to stand trial after hearing testimony from two doctors. One doctor evaluated Custis for the defense and the other evaluated him on behalf of the state.
The judge found the state's expert to be "somewhat more credible." That doctor determined Custis understood the nature of the charges, could assist in his defense and understood the court procedures and roles of the parties involved, including the prosecutor, defense attorney, judge and jury.
Bill Wichert may be reached at bwichert@njadvancemedia.com. Follow him on Twitter @BillWichertNJ. Find NJ.com on Facebook.