Lexington-Fayette, Kentucky 2021-10-17 22:21:18 –
Some of the defendants charged with the attack on the U.S. Capitol chose to resign and represent themselves without being distracted by lack of legal training or repeated warnings from judges. I am.
That choice has already led to some strange legal manipulations and awkward exchanges in court.
A New York man charged with the January 6 riots wants to charge the government for working on his case. Pennsylvania restaurant owners are trying to protect themselves from prison. The judge told another New Yorker that he may have been accused during a court debate.
The right to self-expression is a basic principle of the Constitution. However, a long-time judge quoted an old adage that advised a former California police chief that he would be “a fool for his clients” if he represented himself.
“Just because you have the right to do something constitutionally doesn’t mean it’s wise,” said Michael Magner, a criminal defense counsel and former federal prosecutor in New Orleans.
The decision that at least five defendants defend themselves creates many challenges, especially for those behind the bar. If they say wrong in court, they run the risk of getting involved in more legal issues. They need to sift through the pile of evidence that the investigators have collected in the attack. And this strategy has already tested the judge’s ability to maintain court control.
“If I’m charged with a crime, I’ll never represent myself,” said Judge Royce Lamberth of the U.S. District Court before allowing him to handle his defenses against alleged riots. I told Alan Hostetter. The judge warned the former police chief that he had never seen anyone successfully represent himself since he was appointed to the bench in 1987.
The hostetter was arrested in June, along with five other men, on suspicion of colluding to prevent Congress from proving Joe Biden’s victory in the presidential election. The indictment links the four hostetters’ co-defendants to the Sleeper Center, the wing of the militia movement.
A hostetter who began teaching yoga more than 20 years later as an officer told Lambers that “corruption of this study” was one of the reasons he wanted to represent himself. His finances were also a factor.
“If they can’t convict you, I believe it’s government strategy and tactics that they at least want to bankrupt and destroy you,” the hostetter said.
Another defendant on behalf of himself, Brandon Fellow in northern New York, recently petitioned Judge Trevor McFadden of the US District Court to release him from prison, but failed.
The video shows a fellow filmed with a fake orange beard during a riot standing at a table in Senator Jeff Merkley’s office at D-Ore. Fellows were trapped this summer after missing an appointment for a mental health assessment and harassing a protection observer.
The Fellow took the position of claiming his release, ignoring the judge’s warning that he could be charged with perjury if he testified.
In doing so, the fellow may have exacerbated his legal problems.
The fellow told McFadden that he used what he described as a “loophole” read online to disqualify another judge who oversees an unrelated case in New York. To make him look like he knows the woman.
The fellow also asked the public defender, who represented him before rejecting the lawyer in the riot case, whether he should contact the judge’s family and try to replace McFadden, but the lawyer asked him. He warned that he would be arrested.
McFadden told the fellows in denying the fellow’s bid to release him that he might have interfered with the judiciary in the New York case and may be considering it in the riot case.
McFadden, nominated by President Donald Trump, also imprisoned self-proclaimed defendant Pauline Bauer last month for failing to comply with a court order to work with a protection observer during her pretrial release.
Bauer was arrested in May with a friend who joined her in the Capitol. According to the FBI, a video from a police officer’s body camera caught Bauer telling Speaker of the House Nancy Pelosi (D-Calif.) To be hanged.
Bauer, who runs a restaurant in the countryside of Kane, Pennsylvania, repeatedly interfered with judges at hearings. She also unnecessarily claims that the courts do not have jurisdiction over her, expressing an ideology that appears to fit into the “sovereign citizen” militant movement.
At a hearing on July 19, Bauer told McFadden that he did not want a “lawyer from the bench.” When the judge denied her request to dismiss her charges, she asked, “Under what conditions?”
“You can’t ask me for conditions,” McFadden replied. McFadden has appointed a lawyer to assist the defendant’s request, serving as a standby advisor to Fellows and Bauer.
A man in northern New York submitted a “price list” after Judge Randolph Moss of the US District Court ruled last month that Eric Boschené could represent him.
If the filings feel he’s appearing “under protest and compulsion,” he wants to charge up to $ 250,000 if he spends two hours in court, and $ 50,000 if he’s voluntarily there. It states. “Forced fluid dosing” costs $ 5 million based on Boshen’s billing schedule.
The judge denied the request, noting that Bochene was not ordered to take any action requiring payment. “Furthermore, as long as the defendant wants to pay to appear in court, the argument has no merit,” said the judge’s brief order.
According to court records, the fifth riot defendant, Brian Christopher Mock, began to represent himself last month after having an assistant federal lawyer as a lawyer. A tipster told the FBI that after Mock returned to Minnesota, he boasted that he had attacked police officers and destroyed the property of the Capitol.
More than 640 people have been charged with riots. Some cases have already been resolved with a sentence of less than one year in prison from probation. Some defendants charged with the most serious crimes, including conspiracy cases against members of the radical group, may face years of imprisonment if convicted.
If the defendant is not represented by a lawyer, it can be difficult for the judge to maintain the calm and control of the court.
“Courts will often turn backwards so that people don’t want to be their Perry Mason and make things worse,” Magner said.
Ron Kuby, a civil rights lawyer in New York, has been acting on behalf of about 12 self-proclaimed defendants and has been practicing the law for nearly 40 years, acquitting one of them. I have never seen it. However, favorable verdicts are not always their main purpose, he said, adding that defendants may want to use trials to make political claims.
He said laymen should not represent themselves for the same reason that lawyers should not.
“You have no objectivity,” Kuby said. “You need to be able to see the case in an objective way, it’s hard to do it when you feel you’re being criminalized to prevent an illegitimate president from taking power. , But it may sound crazy. “