Lierman's Attorneys Withdraw, Cite 'Witness' Reasoning

The two attorney's appointed to represent a Neligh man accused of sexual assault of a child have filed a motion to withdraw as his counsel.

Documents filed in district court on Tuesday state Ronald E. Temple and Frederick T. Bartell and the firm of Fitzgerald, Vetter, Temple & Bartell filed a motion to withdraw as counsel for Darryl Lierman of Neligh and cited §3-503.7 of the Nebraska Rules of Professional Conduct, which refers to conflict as "Lawyer As Witness."

According to the Nebraska Judicial Branch, "combining the roles of advocate and witness can prejudice the tribunal and the opposing party and can also involve a conflict of interest between the lawyer and client."

Lierman's jury trial was expected to begin May 16.

He is charged with three counts of first degree sexual assault of a child (class 1B felonies), three counts of third degree sexual assault of a child and four counts of child abuse (class IIIA felonies).