Judge denies accused murderer's request for new counsel

By Gabrielle Sarann

CREATED Sep. 18, 2012 - UPDATED: Sep. 18, 2012

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  • The man killing his wife at Cape Coral daycare in front of innocent children now wants to spend more of your tax dollars on getting him a new public defender. Video by fox4now.com

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FORT MYERS, Fla. - If accused murderer Robert Dunn is remorseful about allegedly killing his wife at a Cape Coral daycare four years ago, he didn't show it. Instead, he tried have his attorney replaced.

"it's the comments that he makes to me i think are inappropriate for somebody who's supposed to be helping me," said Dunn in open court.

The defendant not only told David Brener, his defense attorney, that he wants him out, he told Judge Margaret Steinbeck, too.

"He's very condescending, [has a] put down attitude towards me," added Dunn.

The 48-year-old, who's accused of gunning down his wife, Christie Lozier-Dunn, at the Bobbie Noonan's Child Care in Cape Coral claims his lawyer told him "you are a murderer" and "you shot your wife in front of all those kids." Brener tells the judge that's not so.

"I believe that Mr. Dunn believes these comments have been made, when they have not been made, because of his mental illness," replied Brener. Dunn added, "All this mention of my mental illness, I'm tired of that, too"

Dunn, who allegedly killed his wife in front of her 2-year-old daughter, says he doesn't like his lawyer's tone as the case has made its way through the courts since the murder in 2008.

"He's being derogatory toward me," said Dunn. "He's been that way for two and a half years now."

Brenner says it's been two-and-a-half years of struggling to help Dunn in spite of his mental illness. He says Dunn's claim that his own defense attorney is trying to get him convicted is absurd.

"The notion that we are actually colluding with the state, to assist the state in the prosecution, is a paranoid, delusional thinking process," explained Brener.

Judge Steinbeck rejected Dunn's request for another lawyer. The trial is set to begin on October 15. And if convicted, Dunn could get the death penalty.