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Judge Delays Decision On Attorney Conflict In Excelsior Triple Slaying

Posted: 4:51 pm PST January 5, 2009Updated: 4:38 pm PST January 6, 2009

A San Francisco Superior Court judge Tuesday delayed ruling on whether to remove the attorney of a man accused of murdering a San Francisco father and two of his sons last summer.

Edwin Ramos, a 22-year-old suspected member of the MS-13 street gang, is being held without bail for allegedly fatally shooting Anthony "Tony" Bologna, 48, and his sons Michael, 20, and Matthew, 16, on June 22 in the city's Excelsior District.

Police have said the family may have been mistaken for rival gang members.

Prosecutors have claimed Ramos' attorney Robert Amparan has a conflict because he represents another man -- also an alleged MS-13 member currently in federal custody -- whom prosecutors may call as a witness in the case against Ramos.

Judge Teri Jackson said today she wanted to review the matter and hear final arguments from prosecutors and defense attorneys before issuing a decision Wednesday.

Though Jackson appointed a separate attorney for the potential witness today, she indicated Amparan's prior representation might still constitute a conflict.

Jackson is also weighing whether both men could sign "knowing and intelligent" waivers of the conflict.

The conflict matter has delayed the case from moving forward for several weeks.

Ramos' preliminary hearing is scheduled to begin Wednesday afternoon, but if Jackson rules Amparan must drop the case, Ramos would have to receive new representation, pushing the case back once again.

Ramos told Jackson Monday that he trusted and wanted to keep Amparan.

Amparan said today that if Jackson decides to remove him from the case, he will appeal the decision.

He said after the hearing that he feels it is "very unlikely" the preliminary hearing will begin Wednesday.

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