Sean Williams’ 3rd attorney out, no replacement yet

GREENEVILLE, Tenn. (WJHL) — Federal Judge Ronnie Greer granted appointed defense attorney Joseph McAfee’s motion to withdraw from accused child pornography producer Sean Williams‘s case Monday, further delaying Williams’ first trial.

Greer did not immediately appoint a successor as he had done following two previous attorney removals in Williams’ case. The case has a high profile due to allegations that Williams drugged and raped dozens of women in his downtown Johnson City apartment, and due to two separate civil lawsuits accusing the Johnson City Police Department of improper conduct related to Williams.

“I have not agreed at this point to appoint substitute counsel,” Greer said. “I may or may not.”

Complete Coverage of the Sean Williams Case

McAfee was Williams’ third appointed attorney after Williams dismissed David Leonard last summer and Bryce McKenzie was approved to withdraw in December 2023.

Area attorney and former federal prosecutor Corey Shipley said Greer has “a tough analysis” as he considers whether to potentially put Williams’ defense in his own hands.

“One has the right to counsel under the Sixth Amendment … but what happens is the judge doesn’t want to allow defendants to kind of play the game and just get attorney after attorney after attorney,” Shipley said.

“These cases here, when one represents themselves it gets very careful scrutiny of the Sixth Circuit, any appellate courts. So what the judge has to make sure he or she does is make sure they give that individual the right to have an attorney, but also if they say they don’t want an attorney they have the right to represent themselves.”

His withdrawal comes just two weeks before an already-delayed trial on escape and attempted escape charges that was set to begin May 14. His trial on three counts of production of child pornography remains scheduled for Aug. 27.

“This is not where I wanted to be, but I think it’s where we are,” Greer said.

Outside the federal courthouse, McAfee said it was the first time in 13 years of acting as appointed counsel for federal defendants that he’d withdrawn under these types of circumstances — with his client’s attempt to remove him unsuccessful but with circumstances that simply don’t allow him to remain in the role.

“I appreciate the court considering the motion,” McAfee said. “I think the rules of professional responsibility dictate that I withdraw from the case, though I intended on finishing it when I took it.”

Williams, who was first jailed on April 30, 2023, is charged with escape from a transport van in Greeneville Oct. 18 (he was at large until Nov. 21) and with an attempted escape from the Washington County jail last July.

Appoint number four or let him represent himself?

Just three weeks after denying Williams’ own motion to fire McAfee, Greer spent nearly 90 minutes behind closed doors with Williams and McAfee. When the courtroom reopened, Greer said he had “given Mr. Williams the opportunity to say what he wanted to say.”

He had also considered McAfee’s motion and appeared to pin responsibility for granting it on Williams.

“I think the court is placed in the position because of Mr. Williams’ actions that it must grant Mr. McAfee’s motion to withdraw,” Greer said. He said McAfee had argued that he couldn’t continue given Williams’ actions and facts surrounding the trial and his potential for representing him.

Greer referred to a previous warning from Judge Cynthia Wyrick that “if (Williams) couldn’t get along with Mr. McAfee no appointment (for a replacement) would be made.”

Shipley said if Williams wound up in one of the rare cases of self representation, the judge would appoint an “elbow counsel” who sits at the table with a “pro se” defendant.

“That attorney cannot ask questions, they cannot object, but they’re there as an advisory role because the judge wants to protect the system, making sure that individual is protected,” Shipley said.

Williams, who owned Glass and Concrete LLC, is alleged to have sexually assaulted at least three children at this fifth-story apartment based on video and photographic evidence allegedly discovered after he was arrested in Cullowhee, N.C. April 30, 2023. Williams had been wanted for nearly two years on a federal ammunition charge out of Johnson City at that point.

He’s also alleged, though not yet charged — with drugging and raping or sexually assaulting more than 50 women at the apartment, with cameras set up around his home recording the alleged assaults.

After concluding his main remarks, Greer wound up in a short back and forth with Williams, something that’s now happened during a couple of recent hearings.

“I saw you asking Mr. McAfee something,” Greer said. “He’s not representing you anymore.”

Williams then began referring to letters he’s given to the court saying he wanted them unsealed, which would make their contents available to the public.

“I just want my opinions filed with the court,” Williams said, raising his voice.

“You can certainly file them pro se (on his own without a lawyer), but please understand … if you file frivolous matters they’re subject to being stricken by the court’s order.”

Shipley said finding an attorney that can work with Williams and vice versa is still the ideal solution.

“But when you have someone that just asks repeatedly for new counsel, you know, cases have to get tried … and the public has a right to see this case through and this case tried to a verdict.”

Defendants sometimes do try to game the system, Shipley acknowledged.

“If a defendant is trying to do that, and kind of game the system and overly extend this trial, the judge has to come in and make those tough decisions. And this case is one of those cases.”

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