SC - Nine killed in Emanuel AME Church shooting, Charleston; Dylann Roof charged #2

[Jinkasaurus]

I was wondering when this was going to happen.....

DR has requested to have his attorneys back via a hand-written note, today Sunday Dec 4th.

http://counton2.com/2016/12/04/dylann-roof-to-judge-let-lawyers-back-on-death-penalty-case/

"In a handwritten request, the 22-year-old Roof asks U.S. District Judge Richard Gergel to bring his defense team back on board for the guilt phase of his federal death penalty trial, which begins next week in Charleston.

Roof then says he wants to go back to representing himself for the penalty phase."

 

[Zuri]

I was wondering when this was going to happen.....

DR has requested to have his attorneys back via a hand-written note, today Sunday Dec 4th.

http://counton2.com/2016/12/04/dylann-roof-to-judge-let-lawyers-back-on-death-penalty-case/

"In a handwritten request, the 22-year-old Roof asks U.S. District Judge Richard Gergel to bring his defense team back on board for the guilt phase of his federal death penalty trial, which begins next week in Charleston.

Roof then says he wants to go back to representing himself for the penalty phase."

Wow. What is the likelihood he will present aggravating and mitigating factors effectively during the penalty phase? Probably zero.

What has me puzzled is why this has even gone to trial if Roof offered to plead guilty for LWOP. Or do I have this all wrong?

 

[MsJosie]

I cannot see the Judge allowing this type os 'yoyo' lawyer/not lawyer representation. Either you are the lawyer from start to finish or you are not. DR just likes playing a game IMO....he wants to run the court. I am sure his lawyers are pulling their hair out along with the Judge.

 

[YESorNO]

I was waiting for this as Judge Gergel was being very firm with Roof about what his lawyers could do or not do for him when he is representing himself.

Dylann Roof to Judge: Let Lawyers Back on Death Penalty Case

"...There will be a hearing Monday for Roof and prosecutors to discuss pretrial motions, and opening statements are currently scheduled for Wednesday. If Roof's request isn't granted and he continues to represent himself, he'll be making those statements, as well as questioning witnesses at trial. That could include relatives of the shooting victims, some of whom said at Roof's initial court appearance that they forgave him and would pray for him."

http://abcnews.go.com/US/wireStory/dylann-roof-judge-lawyers-back-death-penalty-case-43967101

Link: https://mgtvwcbd.files.wordpress.com/2016/12/roof-letter-picture.jpg?w=650
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Wonder if the press will be at the hearing tomorrow??????

 

[borndem]

I was waiting for this as Judge Gergel was being very firm with Roof about what his lawyers could do or not do for him when he is representing himself.

Dylann Roof to Judge: Let Lawyers Back on Death Penalty Case

"...There will be a hearing Monday for Roof and prosecutors to discuss pretrial motions, and opening statements are currently scheduled for Wednesday. If Roof's request isn't granted and he continues to represent himself, he'll be making those statements, as well as questioning witnesses at trial. That could include relatives of the shooting victims, some of whom said at Roof's initial court appearance that they forgave him and would pray for him."

http://abcnews.go.com/US/wireStory/dylann-roof-judge-lawyers-back-death-penalty-case-43967101

Link: https://mgtvwcbd.files.wordpress.com/2016/12/roof-letter-picture.jpg?w=650
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Wonder if the press will be at the hearing tomorrow??????

I knew it -- it had to happen -- at least he is smart enuff to know that he isn't smart enuff to handle this trial.

 

[YESorNO]

Killers facing death penalty rarely want to admit mental illness

"...Those who kill in the name of violent ideologies that are fueled by serious mental illness often live in a devastating loop.

They hold extreme views due to delusions caused by an illness. But they cannot see that they are ill because the delusions seem so real. And any attempt by their defense attorneys, no matter how skilled, to dilute their messages by offering evidence that a severe mental illness drove them to kill only confirms their paranoid worldview.

They believe their defense attorneys are working against them, too.

If Roof is like other killers who discharge their highly experienced legal teams to avoid presenting evidence of mental illness, he may not believe he has a serious illness, or doesn't want anyone to know about it, said Anthony Ricco, who's served as lead counsel on about 45 federal death penalty cases and teaches at Fordham School of Law.

“Dylann Roof is thinking, ‘I’m the one. I’m the messenger of death,’” Ricco said...."

http://www.postandcourier.com/churc...cle_003fe382-b8b4-11e6-a590-07696c594719.html

 

[YESorNO]

Karina Bolster ‏@KRBolster 2h2 hours ago
JUST IN: #DylannRoof's standby counsel files motion to dismiss charges. Reasoning: unconstitutional abuse of powers. #chsnews #RoofTrial

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Chad K. Mills ‏@ChadKMills 2h2 hours ago
#BREAKING: Here's part of Judge Gergel's argument as he denies motion to dismiss the indictment of #DylannRoof. #RoofTrial #sctweets @wis10

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[YESorNO]

Karina Bolster ‏@KRBolster 2h2 hours ago
Pre-trial motion hearing underway for #DylannRoof's federal murder trial. #chsnews #RoofTrial

Chad K. Mills ‏@ChadKMills 2h2 hours ago
No video/audio feed in the media room yet. Looks like they're getting it fixed. #sctweets @wis10 #DylannRoof #RoofTrial

Chad K. Mills ‏@ChadKMills 2h2 hours ago
Feed is back up. Here we go. Gergel is talking about Roof's motion to reappoint attys. #sctweets @wis10 #DylannRoof #RoofTrial

Chad K. Mills ‏@ChadKMills 2h2 hours ago
"I need to ask you some very important questions," Gergel says to Roof. #sctweets @wis10 #DylannRoof #RoofTrial

Chad K. Mills ‏@ChadKMills 2h2 hours ago
#DylannRoof is standing at the podium as he talks to Gergel. He says no one forced him to make this decision. #sctweets @wis10 #RoofTrial

Chad K. Mills ‏@ChadKMills 2h2 hours ago
Gergel finds that Roof's decision is "knowing, intelligent, and voluntary." #sctweets @wis10 #DylannRoof #RoofTrial

Chad K. Mills ‏@ChadKMills 2h2 hours ago
"Are you sure you want me to do this?" Gergel asks. "Yes," Roof says. #sctweets @wis10 #DylannRoof #RoofTrial

Chad K. Mills ‏@ChadKMills 2h2 hours ago
"Ok, let me have you take a seat for just a moment," Gergel tells Roof. #sctweets @wis10 #DylannRoof #RoofTrial

Chad K. Mills ‏@ChadKMills 2h2 hours ago
#DylannRoof, despite the reappointment of his attorneys, still sits at the lead seat of the defense table. #sctweets @wis10 #RoofTrial

Chad K. Mills ‏@ChadKMills 2h2 hours ago
Gov't asked for its response. #sctweets @wis10 #DylannRoof #RoofTrial

Chad K. Mills ‏@ChadKMills 2h2 hours ago
"We would ask ... that he have the opportunity to read the government's filing," Prosecutor Richardson says. @wis10 #DylannRoof #RoofTrial

Chad K. Mills ‏@ChadKMills 2h2 hours ago
"I don't think it's the court's business to get into what the defense team's strategy is," Gergel says. @wis10 #DylannRoof #RoofTrial

Chad K. Mills ‏@ChadKMills 2h2 hours ago
Gov't is referring to a filing saying that the defense could raise issues that #DylannRoof objects to. #sctweets @wis10 #RoofTrial

Chad K. Mills ‏@ChadKMills 2h2 hours ago
Gergel asks Roof if he understands that. #sctweets @wis10 #DylannRoof #RoofTrial

Chad K. Mills ‏@ChadKMills 2h2 hours ago
Long pause as #DylannRoof reads the document (presumably the one filed by gov't). #sctweets @wis10 #DylannRoof #RoofTrial

Chad K. Mills ‏@ChadKMills 2h2 hours ago
Roof stands. #sctweets @wis10 #DylannRoof #RoofTrial

Chad K. Mills ‏@ChadKMills 2h2 hours ago
Roof says it doesn't alter his opinion to waive right to self-representation. #sctweets @wis10 #DylannRoof #RoofTrial

Chad K. Mills ‏@ChadKMills 2h2 hours ago
"I find the defendant has made a known and intelligent request," Gergel says as he grants #DylannRoof's motion. #sctweets @wis10 #RoofTrial

Chad K. Mills ‏@ChadKMills 2h2 hours ago
Gergel says he "urges" Roof to reconsider his wish of representing himself during penalty phase. #sctweets @wis10 #DylannRoof #RoofTrial

Karina Bolster ‏@KRBolster 2h2 hours ago
BREAKING: Judge Gergel grants #DylannRoof's motion to waive his right to self-represent. #chsnews #RoofTrial

Chad K. Mills ‏@ChadKMills 2h2 hours ago
Defense Atty. David Bruck takes seat closest to aisle. Kimberly Stevens takes the one to Bruck's left. @wis10 #DylannRoof #RoofTrial

Chad K. Mills ‏@ChadKMills 2h2 hours ago
#DylannRoof moves down to the third seat at the table. #sctweets @wis10 #RoofTrial

Karina Bolster ‏@KRBolster 2h2 hours ago
David Bruck takes over as lead counsel for Roof. Judge is allowing Roof to self-represent during the SENTENCING phase. #chsnews #RoofTrial

Karina Bolster ‏@KRBolster 2h2 hours ago
Here's how it will look like: David Bruck = lead atty during guilt phase, Dylann Roof = lead attorney during sentencing #chsnews #RoofTrial

Karina Bolster ‏@KRBolster 2h2 hours ago
Judge Gergel has strongly suggested that #DylannRoof let his current attorneys represent him during the sentencing phase #chsnews #RoofTrial
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[YESorNO]

Chad K. Mills ‏@ChadKMills 2h2 hours ago
Bruck stands up to address Gergel about various issues. #sctweets @wis10 #DylannRoof #RoofTrial

Chad K. Mills ‏@ChadKMills 2h2 hours ago
He files a motion about evidence. #sctweets @wis10 #DylannRoof #RoofTrial

Chad K. Mills ‏@ChadKMills 2h2 hours ago
Gergel questions Bruck as to why he didn't have the particular exhibits ready before the Sept. deadline. @wis10 #DylannRoof #RoofTrial

Chad K. Mills ‏@ChadKMills 2h2 hours ago
The Gov't presented its exhibit list on Oct. 10. #sctweets @wis10 #DylannRoof #RoofTrial

Chad K. Mills ‏@ChadKMills 2h2 hours ago
"I'm not going to hold someone to a deadline on a capital case," Gergel says. #sctweets @wis10 #DylannRoof #RoofTrial

Chad K. Mills ‏@ChadKMills 2h2 hours ago
As Bruck speaks, #DylannRoof looks calm. He looks forward w/ hands in lap. #sctweets @wis10 #DylannRoof #RoofTrial

Chad K. Mills ‏@ChadKMills 2h2 hours ago
Gergel instructs the Gov't and Defense to sit down together and work the exhibits out. #sctweets @wis10 #DylannRoof #RoofTrial

Chad K. Mills ‏@ChadKMills 2h2 hours ago
"We have some other pending matters," says Bruck, mentioning his motion to dismiss indictment. #sctweets @wis10 #DylannRoof #RoofTrial

Chad K. Mills ‏@ChadKMills 2h2 hours ago
"I do a very general vanilla opening statement," Gergel says. #sctweets @wis10 #DylannRoof #RoofTrial

Karina Bolster ‏@KRBolster 2h2 hours ago
David Bruck asks about guilt phase of trial. Judge Gergel says he likes a "vanilla" explanation for opening statements. #chsnews #RoofTrial

Chad K. Mills ‏@ChadKMills 2h2 hours ago
He'll tell jurors about their duties, burden of proof, circumstantial evidence. #sctweets @wis10 #DylannRoof #RoofTrial

Karina Bolster ‏@KRBolster 2h2 hours ago
Judge Gergel says he likes to get into detail for closing arguments. Likes to keep opening statements basic. #chsnews #RoofTrial

Chad K. Mills ‏@ChadKMills 2h2 hours ago
Back to the motion made by #DylannRoof the other day to suppress jail videos. #sctweets @wis10 #RoofTrial

Chad K. Mills ‏@ChadKMills 2h2 hours ago
That discussion is delayed, since gov't says those videos would possibly be used in penalty phase. #sctweets @wis10 #DylannRoof #RoofTrial

Chad K. Mills ‏@ChadKMills 2h2 hours ago
Defense plans to file a couple more motions today. #sctweets @wis10 #DylannRoof #RoofTrial

Chad K. Mills ‏@ChadKMills 2h2 hours ago
Gergel leans back in chair and looks on w/ a smile as Bruck goes on about potential motions. #sctweets @wis10 #DylannRoof #RoofTrial
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[YESorNO]

Chad K. Mills ‏@ChadKMills 2h2 hours ago
Now, onto jury selection discussion. Again, 67 people on strike list. #sctweets @wis10 #DylannRoof #RoofTrial

Karina Bolster ‏@KRBolster 2h2 hours ago
Judge Gergel now explains the jury strike process. Says he will bring all 67 in at once. #chsnews #RoofTrial

Chad K. Mills ‏@ChadKMills 2h2 hours ago
"We will summons these 67 individuals to the courtroom," Gergel says. #sctweets @wis10 #DylannRoof #RoofTrial

Chad K. Mills ‏@ChadKMills 2h2 hours ago
"And then, we will strike," he says. #sctweets @wis10 #DylannRoof #RoofTrial

Karina Bolster ‏@KRBolster 2h2 hours ago
Public not be allowed in courtroom during jury strikes. There will be too many people there. Can watch in overflow. #chsnews #RoofTrial

Chad K. Mills ‏@ChadKMills 2h2 hours ago
Public will not be allowed in physical courtroom during strikes. But can watch feed from overflow room. @wis10 #DylannRoof #RoofTrial

Chad K. Mills ‏@ChadKMills 2h2 hours ago
But, Gergel will allow the public to come back in to watch the swearing in of the 12 juror and 6 alternates. @wis10 #DylannRoof #RoofTrial

Karina Bolster ‏@KRBolster 2h2 hours ago
Timeline of trial. Govt estimates 7-8 days for their case. Defense "Very little additional time". #chsnews #RoofTrial

Chad K. Mills ‏@ChadKMills 2h2 hours ago
They're talking about possibly sequestering witnesses now. #sctweets @wis10 #DylannRoof #RoofTrial

Karina Bolster ‏@KRBolster 2h2 hours ago
Govt requests to sequester the witnesses, however exception would be for family members, victims. #chsnews #RoofTrial

Karina Bolster ‏@KRBolster 2h2 hours ago
Govt also asks case workers shouldn't be sequestered - FBI agent, etc. Govt says there are three people. #chsnews #RoofTrial

Karina Bolster ‏@KRBolster 2h2 hours ago
Defense doesn't object to sequestration. Has no problem with family members staying in the courtroom during the trial. #chsnews #RoofTrial

Karina Bolster ‏@KRBolster 2h2 hours ago
Judge Gergel says he will allow #DylannRoof's family to sit in courtroom during trial. Including parents, grandparents. #chsnews #RoofTrial

Karina Bolster ‏@KRBolster 2h2 hours ago
This means #DylannRoof's family members will NOT be sequestered for the trial. #chsnews #RoofTrial

Chad K. Mills ‏@ChadKMills 1h1 hour ago
Prosecutor Richardson has no objection to having #DylannRoof's parents/grandparents in courtroom during trial. #RoofTrial @wis10 #sctweets
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[YESorNO]

Karina Bolster ‏@KRBolster 1h1 hour ago
Now court is talking about how Govt./Defense will handle the media. "We don't plan on speaking to them" Richardson says. #chsnews #RoofTrial

Chad K. Mills ‏@ChadKMills 1h1 hour ago
"Obviously, we're not speaking to the press," Prosecutor Richardson says. #sctweets @wis10 #DylannRoof #RoofTrial

had K. Mills ‏@ChadKMills 1h1 hour ago
"We can do our part in helping them do their jobs," Gergel says of the media. #sctweets @wis10 #DylannRoof #RoofTrial

Chad K. Mills ‏@ChadKMills 1h1 hour ago
"We intend to post them," Gergel says of documents presented as evidence. #sctweets @wis10 #DylannRoof #RoofTrial

Chad K. Mills ‏@ChadKMills 1h1 hour ago
For that reason, Gergel wants all of those exhibits on a thumbdrive before they're presented. #sctweets @wis10 #DylannRoof #RoofTria

Karina Bolster ‏@KRBolster 1h1 hour ago
Judge asks that all exhibits for the trial be submitted via thumb drive so they can posted for the public to see. #chsnews #RoofTrial

Karina Bolster ‏@KRBolster 1h1 hour ago
Judge Gergel says "we've spent a lot of time trying to think about this strategically." He thinks this is easiest way. #chsnews #RoofTrial

Karina Bolster ‏@KRBolster 1h1 hour ago
Judge Gergel says the ONLY thing that won't be online is the crime scene photos. This goes back to a prior conversation. #chsnews #RoofTrial

Chad K. Mills ‏@ChadKMills 1h1 hour ago
Crime scene photos will not be posted online, Gergel says. #sctweets @wis10 #DylannRoof #RoofTrial

Karina Bolster ‏@KRBolster 1h1 hour ago
Judge Gergel plans for a speedy jury striking process Wednesday with opening statements there after. #chsnews #RoofTrial


Chad K. Mills ‏@ChadKMills 1h1 hour ago
The jury will be in the courtroom Wednesday morning at 9:30. #sctweets @wis10 #DylannRoof #RoofTrial

Chad K. Mills ‏@ChadKMills 1h1 hour ago
Gov't Prosecutor Richardson will be up first after judge's opening statement. #sctweets @wis10 #DylannRoof #RoofTrial

Karina Bolster ‏@KRBolster 1h1 hour ago
Court now in recess until Wednesday. Pre-trial conference over. #chsnews #RoofTrial

Karina Bolster ‏@KRBolster 1h1 hour ago
TIMELINE: Jury strikes 9 a.m. Wednesday, opening statements follow. Govt 7-8 days for testimony, Defense not much longer #chsnews #RoofTrial

Karina Bolster ‏@KRBolster 1h1 hour ago
To clarify... it's very typical for the defense to file a motion to dismiss a suspect's charges before trial #chsnews #RoofTrial #DylannRoof

Chad K. Mills ‏@ChadKMills 1h1 hour ago
We are adjourned for the day. #sctweets @wis10 #DylannRoof #RoofTrial

Karina Bolster ‏@KRBolster 21m21 minutes ago
Karina Bolster Retweeted
Doesn't sound like #DylannRoof will be wearing his jail jumpsuit when trial starts Wednesday. [video=twitter;805815626212212736]https://twitter.com/sydneylive5/status/805815626212212736[/video] …
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https://twitter.com/ChadKMills

https://twitter.com/KRBolster
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[YESorNO]

Judge: Dylann Roof can have attorneys represent him for guilt phase only of his death penalty trial

"...Family members of the nine people gunned down in the shooting and church members packed one side of the courtroom as Roof stood before the judge to reverse his earlier request to act as his own attorney during his entire hate crimes trial. Instead, he will represent himself only during the portion of the trial when jurors decide if he gets a death sentence or life in prison without parole...

Defense attorneys have offered for Roof to plead guilty and serve life in prison without parole, but federal prosecutors are seeking the death penalty for 33 counts including hate crimes.

After Gergel ruled, renowned capital defense attorney David Bruck stood to resume handling pretrial motions on Roof's behalf. The switch means that now defense attorneys will question witnesses, including survivors of the shooting, during the the guilt phase of the trial rather than Roof handling that questioning...

Gergel's approval of the latest move gives the self-avowed white supremacist control over what evidence is presented on his behalf when the time comes for the defense to try to sway jurors to give him life in prison. During the penalty phase, defense attorneys typically offer evidence about a defendant's serious mental illness or other brain impairments, history of abuse, severe family upheaval and similar issues as possible mitigating factors in a killing. Earlier court filings show the defense team Roof discharged last week had planned to provide evidence of a “mental disease or defect or any other mental condition."...

Meanwhile, Roof also faces the death penalty in state court where authorities have charged him with nine counts of murder and other offenses. That trial is scheduled to begin in mid-January, and the tumultuous issues in federal court are impacting his state public defenders' ability to counsel him, those attorneys contend..."

http://www.postandcourier.com/churc...cle_0f2c7f40-baee-11e6-acc5-57571574d8a3.html
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[Alice253]

I may be way off base but I almost get a sense that DR wants to receive the death penalty. Wouldn't he be a little more protected on death row as opposed to eventually being placed in gen population? Is he competent enough to think about that? Just something I have been pondering.

Sent from my SAMSUNG-SGH-I337Z using Tapatalk

 

[MsJosie]

What is Roofs purpose in representing not representing himself?

Also, in some states when a defendant represents themselves they give up certain appeals, if not all together. So will Roof give up his right to appeals?

Thanks

 

[YESorNO]

Good questions Alice and Josie. I don't know.

 

[YESorNO]

I found this on Wiki:

Pro se legal representation in the United States

https://en.wikipedia.org/wiki/Pro_se_legal_representation_in_the_United_States

Appeals???

 

[YESorNO]

Phillip ���� ���� ���� ‏@LittleHaiti_ 3m3 minutes ago
Members of Charleston's Emanuel AME Church prepare themselves for Dylann Roof's trial http://bit.ly/2gYRBLo

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[YESorNO]

‘See What Racism Looks Like’: Charleston Families Brace for Dylann Roof’s Trial

"Malcolm Graham sat in a crowded federal courtroom last week and watched as Dylann Roof, the man accused of killing Graham’s sister and eight other black parishioners in a Charleston church last year, commanded the attention of the room. Jury selection is underway in Roof’s murder trial, and at times Roof stood to speak to the judge or object to potential jurors. He “paraded around the courtroom,” Graham said. And that may have been just the beginning....

Once the trial is underway, Graham, who works in Charlotte, N.C., as a consultant, plans to be in court every day. “I owe it to Cynthia,” he said. “I feel that I have a moral obligation to represent her in the courtroom. To ensure that he knows Cynthia’s family and friends are there to support her even in death.”

Graham will not be alone. Reports from the courtroom suggest relatives of all nine people gunned down in the Emanuel AME Church—Hurd, DePayne Middleton Doctor, Rev. Clementa Pinckney, Myra Thompson, Rev. Sharonda Coleman-Singleton, Ethel Lance, Rev. Daniel Simmons, Susie Jackson and Tywanza Sanders—have attended last week’s jury selection. Few family members are speaking to the press until the trial is completed...

Though federal prosecutors are seeking the death penalty, the families of the Charleston victims are divided. Some agree that death is a fitting punishment for a man who attacked a peaceful bible study, but Savage says his clients would prefer if Roof received life imprisonment without the possibility of parole. With death, he says, “the punishment for Roof comes to an end.” He would rather “let him think about what he did. Why he did it and think of Tywanza’s words.” Savage also worries that through the appeals process, hearings could drag out for years to come, and repeatedly reopen the survivors’ and victims’ families’ wounds. According to Michael Radelet, sociology professor and criminologist at the University of Colorado, it took an average of 19 years before those executed in the U.S. in 2016 were killed...."

http://time.com/4589024/charleston-dylann-roof-trial-families/
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[cujenn81]

What is Roofs purpose in representing not representing himself?

Also, in some states when a defendant represents themselves they give up certain appeals, if not all together. So will Roof give up his right to appeals?

Thanks

It is of my opinion that his reasons for wanting to represent himself during the sentencing phase is because he doesn't want his medical/mental records discussed and his lawyers will likely introduce those records and claim that some type of mental disorder or deficiency caused him to commit these crimes rather than hate. Also, if he represents himself during the sentencing phase, he can get up there and argue "his cause" (aka his motive), hoping that it will result in what he ultimately wanted (starting a race war, riling people up, instigating fights, pitting blacks against whites, etc.).


Sent from my iPhone using Tapatalk

 

[MsJosie]

It is of my opinion that his reasons for wanting to represent himself during the sentencing phase is because he doesn't want his medical/mental records discussed and his lawyers will likely introduce those records and claim that some type of mental disorder or deficiency caused him to commit these crimes rather than hate. Also, if he represents himself during the sentencing phase, he can get up there and argue "his cause" (aka his motive), hoping that it will result in what he ultimately wanted (starting a race war, riling people up, instigating fights, pitting blacks against whites, etc.).


Sent from my iPhone using Tapatalk

Thanks....all that makes sense. He is smarter and knows or has done alot of research while in jail to beable to request all this. Normal inmates would not think of it. IMO, DP may be his fate....the guilt is already known. I hope the Judge is able to rein him in if he starts on his cause.