Monday, February 1, 2010

Philadelphia, PA: Defendants taking lead in court cases

By Barbara Boyer

Inquirer Staff Writer

Troy Whye could be facing life in prison.
His girlfriend broke off their relationship and was stabbed to death in their Lindenwold apartment, where the couple's 2-year-old son stood over his mother's body, patting her hair.

"Troy, Troy, Troy," the tot told investigators as he made a stabbing motion and said, "Troy hit Mommom's face."

Although charged with murder, Whye, 38, doesn't want a lawyer to represent him. He is serving as his own attorney, a decision that some say is becoming more common across the country and one that many experts maintain is ill-advised.

"Defendants who do represent themselves, they do a terrible job, and they greatly increase their likelihood of being convicted," said Rutgers University-Camden law professor Russell Coombs. "They are more likely to make mistakes than even a bad lawyer."

Judges strongly discourage criminal defendants from pursuing "pro se" representation, but they have no choice if the defendant is competent and the decision voluntary.

Many defendants mistrust the system, disagree with court-appointed lawyers, or fear that their attorney will botch the case, experts said.

In 1975, the U.S. Supreme Court ruled that in addition to the right to counsel, defendants may refuse counsel and represent themselves.

There have been dozens of court challenges in New Jersey when judges have refused to let defendants take over their defense and notable convictions overturned in Camden County.

In 2005, the Camden murder conviction of Miguel Figueroa, who raped and killed a 13-year-old girl, was reversed because Figueroa was not permitted to represent himself. Two years later, acting as his own attorney, Figueroa was convicted again. He is serving life.

In 2004, the murder conviction and death sentence of Charles Reddish, who confessed to killing a special-education teacher in Cherry Hill, were overturned. Among concerns, justices noted the lower court erred in not allowing Reddish, a maintenance worker, to represent himself.

Given another chance, Reddish decided to plead guilty rather than go to trial. He is serving life for that murder and for the subsequent murder of his girlfriend.

In Whye's case, Superior Court Judge Thomas A. Brown decided in November that Whye could represent himself after Brown was convinced that Whye is competent and making the decision freely. The judge appointed a standby attorney to assist in hearings and at the trial, expected later this year.

"We essentially are going to be waiting in the wings," said Ted Baker, one of two lawyers expected to assist Whye.

No one in New Jersey or nationally keeps track of how many defendants serve as their own attorney or how effective those defendants are.

Erica J. Hashimoto of the University of Georgia School of Law, who has reviewed more than 400 federal and state cases, said her studies show that self-represented defendants are successful possibly half the time, but more research is needed.

Hashimoto served as standby counsel for a man charged with a white-collar crime in Washington and prepared flash cards her client used for objections and legal arguments.

He was acquitted. Hashimoto said the defendant knew so much about the witnesses that he was more effective at questioning them than she would have been.

"I doubt any attorney could have done better for him," Hashimoto said, while stressing the importance of standby counsel. "It can be a really good idea as long as you have a good relationship between the defendant and standby counsel."

There is a misconception, she said, that pro se defendants are more likely to be convicted because of the publicity of high-profile losses. The evidence, however, is often so overwhelming that those defendants likely would have been convicted even with the best defense lawyers, Hashimoto said.

Dale Jones, assistant public defender in New Jersey, estimated there were between 100 and 150 criminal pro se cases across the state last year. While defendants vary in sophistication, Jones said, he discourages self-representation.

"It's like a person who has not gone to medical school performing surgery," Jones said. "They simply don't understand why legal decisions are made."

Greg Hurley, an analyst with the National Center for State Courts, said he had twice been appointed standby counsel for defendants who changed their minds.

"They can do a reasonable job with cross-examination," Hurley said. Presenting a defense, understanding the law, and making objections that could be the basis of an appeal are more complicated.

"Even a bad lawyer learns something in law school," Hurley said. "If you don't know how to cross-examine an expert witness, than you don't stand a chance."

UCLA attorney Paul Bergman, though he has written The Criminal Law Handbook, a guide for defendants who want to participate in their defense, said, "it's never a good idea to represent yourself."

"The book will be helpful, but the system is just too complex," he said.

Winnie Comfort, spokeswoman for the Administrative Office of the Courts in New Jersey, said the state makes resources available online, mostly for civil matters, but still encourages consulting lawyers.

Officials are reluctant to expand criminal resources because the state doesn't want to encourage self-representation when the consequences of making mistakes can be severe, Comfort said.

In 2005, Warren County dentist Roy Rambo defended himself when he was on trial for murdering his wife.

Rambo spoke of himself in the third person as he tried to convince the jury that he shot his wife in the back in self-defense. His wife, he said, threatened to castrate and kill him.

"Linda Rambo was a jealous and unstable person," Rambo told the jury. "Dr. Rambo was in fear for his life."

He was found guilty and sentenced to 40 years. At sentencing, Rambo complained that the legal system is driven by money and without it, "you don't have a chance in hell to win."

In Camden County, Whye's demeanor in court has been calm and respectful, not unlike that of Assistant Prosecutor Sally Smith, who has more than 20 years' experience.

During a recent hearing, Brown ruled that a jury should not hear about Whye's 2001 convictions for assault and stalking stemming from a domestic-violence incident involving an ex-girlfriend.

Asked about the charges, Whye told the judge: "I've been having a lot of baby-mama drama through the years."

Contact staff writer Barbara Boyer at 856-779-3838 or bboyer@phillynews.com.

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