AUGUSTA — The man accused of killing Robert “Bobby” Orr a year ago and then setting fire to Orr’s Readfield home to cover up a robbery is now on his third court-appointed attorney.

David B. Silva Jr., 33, who most recently lived in Orr’s Readfield home, asked a judge today to appoint attorney William Maselli, of Portland, to represent him in the case. Justice Michaela Murphy agreed to the appointment.

“I found a lawyer that’s willing to take my case court-appointed,” Silva told Murphy. “William Maselli came to see me Sunday and said he’s willing to take my case.”

Murphy was in Kennebec County Superior Court, and Silva attended the hearing by video link from Somerset County Jail in East Madison, where he is being held without bail.

Later this afternoon, Maselli confirmed that someone from his office had been in contact with Silva.

“Assuming I am appointed, it will take some time before I will have sufficient work in on the case to be able to speak anything about it,” Maselli said.

Silva, wearing an orange jail uniform and handcuffed, sat at a table in a room at the jail. A corrections officer stood nearby.

Murphy had scheduled the phone conference after Silva’s most recent attorney withdrew from the case and Silva indicated that he would hire an attorney.

“My family was looking for lawyers for me,” Silva said. “I don’t have the money; my family does.”

At today’s hearing, Silva told the judge that his economic circumstances have not changed since he was approved for a court-appointed attorney shortly after his arrest.

At that time, William Baghdoyan was appointed to represent Silva. Later, attorney Lisa Whittier was appointed. Court records show those attorneys withdrew from the case in December, and Murphy gave Silva time to hire a new attorney.

Orr’s widow, Janet Orr, watched the brief video hearing accompanied by an advocate from the state Attorney General’s Office.

Silva is accused of killing Robert A. Orr, 53, by shooting him in the head on Feb. 8, 2011, as he sat in a living room chair. Orr’s remains were discovered the next day as investigators sifted through the debris of the flattened Church Road home.

Silva and his girlfriend Lindsey Spence, of Plymouth, Mass., had moved into the Orrs’ home a few weeks prior to the killing.

They were renting a room, Silva said later in a jailhouse interview, and Silva was looking for work.
Authorities say Silva shot Orr, stole several items from the Orr home, including Orr’s pickup truck, five firearms, and his dog, and fled — with Spence driving a separate vehicle — to Silva’s hometown of Carver, Mass.

There, authorities said Silva traded some of the items for six bags of heroin. Police found Silva at his parent’s home and brought back to Maine.

He pleaded not guilty to charges of intentional or knowing murder, arson, robbery and theft.

The murder charge carries a minimum penalty of 25 years in prison and a maximum term of life in prison.

Last April, the judge had set a timetable indicating Silva’s trial would get under way early this year. Now, with the change of attorneys, the trial is likely to be held later.

Murphy told Assistant Attorney General Andrew Benson and Silva today that she would soon set up a conference hearing with them and Maselli to discuss the case’s scheduling.
 

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