DAYTON — The state public defender on Friday withdrew as counsel in a federal court hearing for a man facing execution for a slaying he denies, raising questions about his office's future role in the case.

        Ohio Public Defender David Bodiker asked U.S. Magistrate Michael Merz to allow himself and his team of lawyers to withdraw as counsel for John W. Byrd Jr. Testimony in the hearing on whether Mr. Byrd is innocent of killing Colerain Township convenience-store clerk Monte Tewksbury in 1983 wrapped up Friday.

        The move followed disclosures that Mr. Bodiker's office earlier failed to reveal several sworn statements from another inmate who says he committed the crime.

        “This case has become focused not on John Byrd's innocence, but the conduct of his lawyers,” Mr. Bodiker told Mr. Merz. “By our actions, we have dug a hole and pulled John Byrd down into it.”

        Mr. Merz said only that Mr. Bodiker could step aside and that other public defenders must continue to represent Mr. Byrd.

        A federal appeals court postponed Mr. Byrd's execution in September to allow for Mr. Merz to hear his claims of innocence.

        Prosecutor James Canepa of the Ohio attorney general's office said if the public defender's office were allowed to step aside, new attorneys would have had to have been appointed, effectively delaying Mr. Byrd's execution.

        “The impact would be to pull the plug on the proceedings and start at square one,” Mr. Canepa said.

        A man who was with Mr. Byrd at the convenience store the night of the slaying, John Brewer, has confessed to killing Mr. Tewksbury.

        Prosecutors say Mr. Brewer, who also was convicted of murder in the slaying and cannot be tried again, is only trying to spare his friend's life.

        At least five affidavits have been taken from Mr. Brewer. Two of the statements were disclosed earlier this year, and three were revealed during the hearing this week.

        Mr. Merz will recommend to the 6th U.S. Circuit Court of Appeals in Cincinnati whether Mr. Byrd's claim is legitimate, with the deadline Nov. 30.

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