A 36-year-old Oak Harbor man accused of rape and kidnapping will not get a new attorney ahead of a trial next week.

Both Robert C. Boese and his attorney, Matt Montoya, asked Island County Superior Court Judge Christon Skinner to allow them to part ways. But the request put the judge in a unique quandary.

Montoya filed a motion to withdraw this week because of his inability to communicate constructively with his client. In court March 20, Boese argued in favor of the motion, saying he did not have confidence in the attorney.

The problem, however, is that Boese refuses to waive his constitutional right to a speedy trial. The 60-day speedy trial deadline is next week, which means the trial needs to happen. Skinner said there’s no way that a new attorney could get ready for the trial in that short of time; he doubted that any attorney would even take the case if the trial was a week away.

Boese, however, argued that the situation was not his fault. He complained early on about Montoya and his case was assigned to Claire Highland, another attorney in the office. Highland, however, is in another state and isn’t able to appear for a trial at the courthouse in Coupeville.

Boese claimed he was told that Highland would fly in for the trial if she had to. But Highland appeared via video and told the judge that she advised Boese all along that she wouldn’t be able to try the case and that Montoya would have to do so. In addition, the motion states that she also has had a breakdown in communication with him.

In the end, Skinner ruled that he had no choice but to deny the motion since Boese would be significantly disadvantaged if assigned a new attorney who didn’t have adequate time to prepare. He made a point of saying he’s worked with Montoya for many years and considers him a vigilant, competent attorney. Montoya has held the county’s public defense contract for many years and has gone to trial in many serious cases, including murders. He was even featured in a national TV news story when he represented a high-profile murderer.

Both Boese and Montoya objected to Skinner’s decision.

“I do not agree to this ruling,” Boese said, “and I also want it to be known that the problem was not my cooperation with the attorney. I’ve always been cooperative. It’s just that we could not communicate effectively and I don’t feel like I was being represented effectively. So this is not in my best interest.”

The trial is set for March 26.

Boese pleaded not guilty Jan. 8 to rape in the first degree, kidnapping in the first degree, assault in the second degree and interfering with the report of domestic violence. All the counts were charged as domestic violence crimes.

According to a report by a deputy with the Island County Sheriff’s Office, Boese is accused of raping a woman in her bathroom after displaying a handgun, blocking her from leaving, pointing a firearm towards her and throwing her phone so she couldn’t call for help. The alleged incident occurred in Oak Harbor on Dec. 28, 2023.

Boese has denied any wrongdoing.

According to a trial brief from the prosecutor’s office, Boese was recorded in a call from the jail saying that he didn’t remember the day because he was on drugs, adding that he thought he had “a breakdown.” But in later phone calls, he said the sex was consensual, the brief states.

Montoya filed the motion to withdraw as Boese’s attorney on March 19.

The brief states that Boese engaged in plea negotiations but later told his attorney that he only did so “for his own amusement” and that if presented with an offer, he would refuse, although he used a vulgar term.

“Mr. Boese has been combative and disagreeable, to the point that any further communications are meaningless,” Montoya wrote. “There has been a complete breakdown in communication, as Mr. Boese’s hostile communication has had a negative effect on the defense and the ability to converse with my client.”

Montoya argued that there was time for a new attorney to take on the case as the defense has few witnesses and no expert witnesses are due to testify.

While Boese complained of ineffective representation, Montoya wrote that the accusation was “patently false” and that the firm conducted a thorough investigation while negotiating with prosecutors.