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McGrath fires another attorney in child porn case

Trial date vacated
By: Scott Thomas Anderson, Editor
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A Roseville man charged with possession of child pornography — who’s also the grandfather of a 2-year-old found dead this year — will not face trial in November as planned, after he fired an attorney for the second time in three months.

Dan McGrath, 58, is set to appear in federal court next week to address his ongoing legal ordeal. McGrath was first arrested in May when Roseville police detectives allegedly found child porn on his computer in the course of investigating the suspicious death of his young granddaughter, McKinley Wilder. McGrath was ultimately charged with possession of child pornography in federal court by the U.S. Attorney’s Office.

In August, McGrath was arrested by the West Sacramento Police Department for reportedly stalking the girlfriend of his former son-in-law, Mark Wilder. Though neither the Yolo nor Placer county district attorneys offices chose to bring charges against McGrath for stalking, federal prosecutor Matt Morris tried to have the defendant’s bail revoked, forcing him to await the trial in custody.

At that point, McGrath terminated the services of his attorney, Mark Riechel, and hired Roseville criminal defense lawyer Tim Balcom. On Aug. 28, Balcom successfully convinced a federal magistrate judge that McGrath had broken no new laws in the West Sacramento incident, nor violated the conditions of his bail. McGrath was released on recognizance again with the trial pending. However, Balcom said McGrath fired him shortly after the appearance.

“I was pretty surprised myself,” Balcom told the Press Tribune, “especially considering I’d just gotten him out of federal custody.”

McGrath’s new attorney, Kresta Daly, confirmed that his November trial date has been vacated.

“We have not set a new date to go to trial,” Daly said. “The original trail date was vacated in large part because of the switch in attorneys.”

Daly did not yet have an idea of when McGrath’s new trial date might be. In the meantime, he will remain free on bail.

McGrath’s daughter, Denise McGrath-Wilder, is currently charged with felony child abuse in connection with the death of McKinley. McGrath-Wilder’s attorney, Jess Bedore, confirmed that she remains in the Placer County Jail as the case moves forward.

Scott Thomas Anderson can be reached at scotta@goldcountrymedia.com. Follow him on Twitter at ScottA_RsvPT.