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LOCKPORT – David J. Grover, the Town of Tonawanda man accused of kidnapping and sexually abusing a 5-year-old North Tonawanda girl July 28, lost his attorney this week.

Assistant Public Defender Michele G. Bergevin withdrew from the case after it was belatedly discovered that Grover’s brother Kevin, a witness who testified against David Grover in the grand jury, had been represented by Bergevin five years ago in Family Court. Bergevin didn’t know that because prosecutors had refused to give her the grand jury minutes. They revealed the information to her earlier this week.

Another attorney will be chosen to represent Grover, 34, who faces a maximum of 25 years in prison if convicted. He turned down a plea offer Dec. 6 and is scheduled for trial in Niagara County Court Feb. 4.