A hearing is about to begin in the Jan. 6 case of Brandon Fellows, who said he wanted to represent himself earlier this month.
He did so despite acknowledging the whole 'fool for a client' adage.
Background, @lawcrimenews: lawandcrime.com/u-s-capitol-br…
He did so despite acknowledging the whole 'fool for a client' adage.
Background, @lawcrimenews: lawandcrime.com/u-s-capitol-br…
For now, his lawyer Cara Kurtz Halverson is in court.
AUSA Thomas A. Gillice for the government.
Judge: Are you still interested in representing yourself?
Fellows: Yes, sir.
Asked if he ever studied law, Fellows replies he has in the last three or four weeks.
AUSA Thomas A. Gillice for the government.
Judge: Are you still interested in representing yourself?
Fellows: Yes, sir.
Asked if he ever studied law, Fellows replies he has in the last three or four weeks.
Judge McFadden asks if Fellows understands the top count is a felony.
"Yes, I don't think it's gonna hold," he replies.
The judge presses does he understand he currently faces significant jeopardy from the charges.
Fellows says he does.
"Yes, I don't think it's gonna hold," he replies.
The judge presses does he understand he currently faces significant jeopardy from the charges.
Fellows says he does.
The judge quizzes him, generally, on his knowledge on the federal rules of evidence and criminal procedure.
Fellows says he requests standby counsel.
"I personally think it's unwise for you to try to represent yourself," Judge McFadden tells him.
Fellows says he requests standby counsel.
"I personally think it's unwise for you to try to represent yourself," Judge McFadden tells him.
Even with standby counsel, there's a downside for him being the one making split-second decisions pro se.
"I don't want you to think there are no trade-offs" to lawyer being standby counsel vs. representing Fellows, the judge says.
Fellows wants to persist with standby counsel.
"I don't want you to think there are no trade-offs" to lawyer being standby counsel vs. representing Fellows, the judge says.
Fellows wants to persist with standby counsel.
It's official.
"I find that the defendant knowingly and voluntarily waived the right to counsel," Judge McFadden says, appointing Cara Kurtz Halverson as standby counsel.
Fellows moves to reconsider the detention decision. (Judge previously ordered him jailed before trial.)
"I find that the defendant knowingly and voluntarily waived the right to counsel," Judge McFadden says, appointing Cara Kurtz Halverson as standby counsel.
Fellows moves to reconsider the detention decision. (Judge previously ordered him jailed before trial.)
The standby counsel is concerned about the possible conflict of interest of her name appearing on filings that may be "frivolous."
To avoid that concern, the judge orders her to file them on his behalf — "not suggesting in any way that she has approved them."
To avoid that concern, the judge orders her to file them on his behalf — "not suggesting in any way that she has approved them."
There will be a hearing on Oct. 12 on his motion.
Hearing adjourned.
Hearing adjourned.
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