Staff Writer

ONEONTA —The second day of lawyer Andrew Van Buren's city court trial began Wednesday with the firing of his attorney.

Van Buren asked that his council, Terence O'Leary of Walton, be removed before testimony resumed Wednesday morning, as O'Leary had been discharged as his attorney.

"Most defendants do not have legal training," Judge Walter Terry said, while considering the request. "In this case, of course, we do have a defendant with legal training ... however, the usual advantage of having an attorney is to have some impartial and objective views in trial strategy."

Van Buren's request was granted, and as O'Leary packed up his belongings he asked the court to note Van Buren was moving in an "agitated" manner.

Van Buren threw a pen to the floor.

"If you want agitation, I'll give you more agitation," he said. "Send me a bill and leave, please."

O'Leary had no comment as to his dismissal.

Van Buren, who successfully defended Colin Davidson in the garage-brawl trial, is charged with trespassing, littering, resisting arrest and disorderly conduct stemming from a March 28 incident.

Van Buren allegedly parked his car on the property of 244 Chestnut St. in what he said was an attempt to protect his client after a rock had been thrown through the window of the apartment next door to where Davidson was staying. After his presence was reported to Oneonta City Police, Van Buren supposedly used profanities toward the officers and threw a coffee cup into the street. He was taken into custody for littering.

Testimony resumed with the final witness for the prosecution, Sgt. Cameron Allison, who recounted the events of March 28.

Shannon Munson appeared for the defense, and then Van Buren took the stand and gave his testimony, stating that when Davidson first told him of the rock, Van Buren advised him to call the police.

"He made a moan that I can't really describe," Van Buren said.

Van Buren then gave his version of the events and his state of mind at that time.

"Unless you've been through a two-week trial with a young man you know in your heart to be innocent, who faces serious charges, you have no idea how mentally and physically exhausted I was," he said.

He rebutted several items from earlier testimony, including details of his exchange with Officer A.J. Taylor, whether the thrown coffee cup went near Officer Dennis Nayor and whether Van Buren resisted arrest.

"I was completely compliant in body and mind when they grabbed me," he said, adding that any motion he made during the arrest was an attempt to relieve pain in his shoulder.

During cross examination, prosecutor Michael Breen asked Van Buren about his responses to James Christiance — who co-owns the property at 244 Chestnut St. with his wife — and the officers who responded to the scene.

"They cut you a lot of slack, didn't they?" Breen asked.

Van Buren said he did not believe the officers cut him any slack.

The defense rested following Van Buren's testimony. The jury will decide on a verdict today following closing statements.