By MIKE CORN

Hays Daily News

Facing a charge of first-degree murder, David Knapp is now on his third attorney -- all in less than a week.

On Tuesday, Ellis County District Judge Ed Bouker agreed to let attorney Tony Rues withdraw from the case. Rues had been appointed to represent Knapp on Thursday after defense attorney Paul Oller withdrew, citing possible conflict of interest.

Knapp said he requested Rues' withdrawal from the case.

Despite warnings that Knapp never would be in total control of trial strategy, Bouker announced that someone from the Salina Public Defender's office will step in to represent Knapp in the case. It is not yet known who that attorney will be.

Knapp faces charges of first-degree murder/inherently dangerous felony, distribution of an opiate drug, fentanyl, and possession of cocaine. That specific murder charge has not been used before in Kansas courts.

Charges against Knapp were filed in connection with the Oct. 30, 2006, death of Frank A. Brown, 46, Gorham, at the Budget Host Villa motel. Brown died as a result of an overdose of the drug fentanyl.

The charge essentially contends that Knapp killed Brown while in the commission of an inherently dangerous felony -- the distribution of the drug fentanyl, which is often used to control pain in the final stages of cancer.

Tuesday's hearing had not been expected to go on as planned, primarily because of Rues' short time on the case. The hearing date had been set long ago so that Oller could argue for dismissal of the charge.

Trial in the case has been set for March 17, although it's now not known if that date will remain or if the entry of a new attorney will delay that start of a trial.

Knapp made it clear that he's expecting the case to go to trial.

With five sheriff's deputies on hand, Knapp continued to be critical of the decision to release Oller from the case.

He also complained that Rues had been trying to get out of the case since his appointment.

"I was told by him that I would be more comfortable with someone outside the area," Knapp said at the hearing.

Bouker interrupted Knapp as he prepared to read a page-long statement.

In the course of explaining what role Knapp will play in the case, Bouker mentioned a series of events, including trial by jury, deciding to testify or the possibility of a plea agreement.

"It ain't going to happen," Knapp quickly responded to the idea of not going to trial on the case.

Observers all along have expected the case to go to trial.

Bouker warned Knapp that he would not be able to switch lawyers until he finds one that will follow the same trial strategy that Knapp desires.

Special-projects coordinator Mike Corn can be reached at (785) 628-1081, Ext. 129, or by e-mail at mcorn@dailynews.net.