Man at center of witness intimidation saga in Milwaukee moves to withdraw guilty plea

A sprawling, chilling witness intimidation case took another surprise turn Friday as defendant Antonio Smith moved to withdraw his guilty plea just as it appeared he was headed for sentencing.

Milwaukee County Circuit Judge Joseph Donald reluctantly canceled the sentencing and started the process of Smith getting a new lawyer.

Smith told the judge he felt pressured to take the plea and wanted to withdraw it.

Donald said he gave Smith time before entering the plea to two homicides in February in the midst of a trial. And the judge noted he asked if Smith needed more time.

Donald noted the court rulings instruct judges to "liberally" grant a hearing when a defendant wants to withdraw a guilty plea. That means he has little room to deny it. Had Donald denied it, an appeal of his decision was likely.

"I know this is frustrating to all parties concerned," Donald said but added he needed to grant it to "ensure the defendant is afforded all due process rights."

RELATED: Man at center of witness intimidation, homicide case abruptly stops trial, pleads guilty

When it was clear the sentencing would not happen, family members of the victims stood and walked out of the courtroom

Because Smith will be raising the issue of ineffective counsel, Smith's attorney, Tom Erickson, is off the case. A new lawyer will be appointed by the public defender's office. The next hearing is May 12.

If Smith's move to withdraw his plea is unsuccessful, he will be sentenced. But getting to a new hearing could take months. If he succeeds in pulling back the plea, a new trial is possible.

The long-running, complicated case highlights the problem of witness intimidation in Milwaukee, which prosecutors say is threatening the bedrock of the criminal justice system.

ARCHIVE COVERAGE:  Witness intimidation 'out of control' in Milwaukee County

Smith was charged with killing Eddie Powe in July 2015. Eight days later, authorities say, he executed 17-year-old Breanna Eskridge, Powe's girlfriend and a witness to his killing. Smith was arrested but from behind bars he orchestrated a plot to kill another witness to Powe's murder, John Spivey.

The plot was foiled after investigators detected it in jail calls.

Everyone in the case, besides Smith, has been convicted and sentenced.

Acted as own attorney

After various delays, the case finally went to trial in February with Smith acting as his own attorney. Erickson sat by his side.

A week into the trial Smith asked that Erickson take over as attorney. On the day when Smith's former girlfriend and mother of his child, Shantrell Lyons, was to take the stand, the trial was halted for several hours over a legal issue. Later that day Smith and his nephew, Shaheem Smith, entered guilty pleas.

In a memo filed this week, Erickson said the issue that stopped the trial was cell phone location maps produced by Milwaukee police. The maps initially showed that Smith's phone was not in the vicinity of the Powe killing. However, new maps given to Erickson that day showed Smith's phone was at the scene of the Powe murder.

Erickson said the original maps helped Smith's case and he mentioned them in his opening to the jury. Erickson said giving him different maps so late in the case was unfair and should result in a mistrial.

Assistant District Attorney Karl Hayes countered that defense was given the raw cell phone data and could have done its own analysis and made its own maps, Erickson's memo said. Donald denied Erickson's argument for a mistrial or to exclude the maps, it said.

At Smith's plea hearing in February, it was suggested Smith hoped his plea might spare his nephew, Shaheem Smith, an extended prison term. The only concession Hayes was willing to make, though, was that the state would make no recommendation on Shaheem Smith's sentence. Donald gave him 10 years.