‘Fifth and final warning’: Court appoints new lawyer for Sean Williams

GREENEVILLE, Tenn. (WJHL) — A judge has granted Sean Williams’ request for a fifth court-appointed attorney ahead of his federal child pornography trial, but warned Williams that if he doesn’t get along with his new attorney, he will have to represent himself again.

In an order filed Thursday, Judge Ronnie Greer of the U.S. District Court in Greeneville appointed Mark E. Brown of Knoxville as Williams’ new attorney. He also granted Williams’ request to delay the trial. The trial is now scheduled for Oct. 22.

The judge also replaced Ilya Berenshteyn as Williams’ “elbow lawyer.”

Greer’s decision to appoint a new attorney comes after he determined before Williams’ escape trial last month that Williams “waived his right to court-appointed counsel under the Sixth Amendment by ‘willfully obstructing these criminal proceedings through his lack of cooperation and his unreasonable demands on his court-appointed counsel.'”

In Thursday’s order, Greer expressed concerns about Williams representing himself in his upcoming trial on three counts of sexual exploitation of a minor.

“While the Court’s finding that Mr. Williams — despite the Court’s repeated warnings about the high stakes of his need to work with his attorneys and the dangers and disadvantages of serving pro se — waived his right to counsel by his conduct, the Court has developed concerns about how his pro se status could affect the administration of justice in his upcoming trial,” Greer’s order said.

Each charge of sexual exploitation of a minor carries a prison sentence of up to 30 years.

“The stakes are high for Mr. Williams,” Greer wrote.

According to Greer, the potential lengthy prison sentence combined with the nature of the trials for such charges, which often involve “reams of digital forensic evidence and expert testimony,” is intimidating for any defendant, but even more so for one without a lawyer.

Williams represented himself at his escape trial last month, often clashing with Greer and violating courtroom procedures. In Thursday’s order, Greer said Williams’ “lack of legal knowledge and courtroom procedure were painfully apparent” and should force Williams to “think long and hard” about the court’s earlier warnings about the potential pitfalls of representing himself.

Last month’s escape trial ended with a jury convicting Williams of one count of escape related to his Oct. 18, 2023, escape from a prison van. The jury also found him not guilty of one count of alleged escape related to a separate incident at the Washington County Detention Center on July 23, 2023.

According to Greer, the divided verdict was not the result of Williams’ legal ability, but of the prosecution’s failure to meet the heavy burden of proof.

“Mr. Williams’s inept — and nearly disastrous — approach to handling his prior case, the potential life sentence he faces if convicted of the child abuse charges in his pending case, the abundance of digital and forensic discovery he faces, and his failure to retain an expert witness for his defense all lead this Court to conclude that the efficient and effective administration of the criminal law at this time necessitates the appointment of counsel,” Greer’s order said.

The granting of Williams’ requests for new counsel and a later trial date also came with a “fifth and final warning.” If Williams cannot work “harmoniously” with his new attorney, he will have to represent himself again and “he will be on his own.” Greer also warned that he will not postpone the trial date, which has already been postponed more than once, if Williams has a falling out with his new attorney.

“In short, Mr. Williams must be ready for trial on the newly set date, either through the representation of his new attorney or through his own attorney.”