Attorney accused of being no show for fourth straight appearance for defendant

Brian P. Griffen is indicted on counts of burglary, 3rd, and grand larceny, 4th, and four times since October he's appeared before Judge Robert C. Noonan to answer to those charges.

Four times Griffen's attorney has been missing in action, according to Noonan.

Today, the judge told Griffen it's time for him to find a new attorney.

According to documents, Griffen is represented by David S. Widenor, a Buffalo-based defense attorney.

Griffen told Noonan he's paid Widenor $800 to represent him.

According to court staff, Widenor has never denied representing Griffen and Assistant District Attorney Will Zickl said he's received written correspondence from Widenor about the Griffen case.

Noonan said he's written to Widenor and told him he better make his next court appearance (which was today) or there could be financial consequences.

On at least one occasion, Widenor reportedly told Noonan that he forgot to record Griffen's court appearance on his calendar.

"I can't just leave this case on the calendar until someday he decides to grace me with his presence," Noonan said.

Zickl told Noonan, "(Griffen) has been here every time he's been directed to be here. We certainly support his realization that perhaps he needs another attorney."

Griffen was indicted in October and accused of breaking into a building on Fisher Road, Oakfield, sometime between June 12 and June 26 and stealing a dune buggy, Yamaha Kodiak 4-wheeler and a Honda dirt bike.

Under questioning from Noonan, Griffen said he has a job. He didn't ask for a court-appointed attorney. He said he has missed work to make his court appearances, which brought a sad shake from Noonan.

Noonan said that if Griffen files a grievance with the bar association that might be the best way for Griffen to get his $800 back. Noonan said he couldn't wait, however, for Griffen to get reimbursed before he retains another attorney.

Noonan ordered Griffen back in court March 6.

Whether Griffen files a grievance (about his attorney's absenteeism), Noonan said, is entirely up to him.