Today, a judge heard from both the Bibb County DA's office and the attorney for Stephen McDaniel. They discussed whether it's appropriate for McDaniel's former employer to take the 25 year old to trial for two counts of felony burglary.
McDaniel is charged with stealing from apartments at the Barristers Hall Complex back in 2008 and 2009. The Barristers Hall Complex is also the same residence where murdered Mercer law grad Lauren Giddings once lived.
Judge Tilman Self called Friday's hearing a unique and rare motion. McDaniel worked for the DA's office from February 2011 through April 2011. McDaniel's attorney, Floyd Buford, filed a conflict of motion last week because he says McDaniel built personal relationships while he was worked there.
Over the course of his internship McDaniel worked around 300 hours. He prepared memos and worked closely with the juvenile court.
Bibb County DA Greg Winters says he understands why Buford filed the motion but does not agree with it.
Buford says if the DA's office stays on this case his client's 6th Amendment rights to due process will be violated.
"The problem in my view obviously in that 1) It is speculation. There's no concrete evidence, but 2) Where do you draw the line. If it was somebody that I grew up with or one of my assistance grew up with or somebody went to church with... and do you just remove that one person or in this case our entire office. Where do you draw the line?" says Winters.
McDaniel's parents were at Friday's hearing to support their son who has been in jail since July 1st.
Judge Tilman Self is expected to make a decision early next week. McDaniel faces up to 40 years in prison for these felony charges.
Police are still calling McDaniel a person of interest in the murder of his neighbor 27 year old Lauren Giddings.