That's never going to happen. This isn't an American court where a lawyer with a degree from a Cherios box is allowed to degend death penalty cases.
Ben Myers is a KC with a stellar reputation. If anything, based on the events so far, he might have a claim for his client undermining his good name!
Sorry to burst your bubble, but lawyers in American courts cannot defend death penalty cases unless they are qualified to do so. And the qualifications do not come from a Cheerios box.
2023 California Rules of Court
Rule 4.117. Qualifications for appointed trial counsel in capital cases
(a) Purpose
This rule defines minimum qualifications for attorneys appointed to represent persons charged with capital offenses in the superior courts. These minimum qualifications are designed to promote adequate representation in death penalty cases and to avoid unnecessary delay and expense by assisting the trial court in appointing qualified counsel. Nothing in this rule is intended to be used as a standard by which to measure whether the defendant received effective assistance of counsel.
(b) General qualifications
In cases in which the death penalty is sought, t
he court must assign qualified trial counsel to represent the defendant. The attorney may be appointed only if the court, after reviewing the attorney's background, experience, and training, determines that the attorney has demonstrated the skill, knowledge, and proficiency to diligently and competently represent the defendant. An attorney is not entitled to appointment simply because he or she meets the minimum qualifications.
(c) Designation of counsel
(1) If the court appoints more than one attorney, one must be designated lead counsel and meet the qualifications stated in (d) or (f), and at least one other must be designated associate counsel and meet the qualifications stated in (e) or (f).
(2) If the court appoints only one attorney, that attorney must meet the qualifications stated in (d) or (f).
(Subd (c) amended effective January 1, 2007.)
(d) Qualifications of lead counsel
To be eligible to serve as lead counsel, an attorney must:
(1) Be an active member of the State Bar of California;
(2) Be an active trial practitioner with at least 10 years' litigation experience in the field of criminal law;
(3) Have prior experience as lead counsel in either:
(A) At least 10 serious or violent felony jury trials, including at least 2 murder cases, tried to argument, verdict, or final judgment; or
(B) At least 5 serious or violent felony jury trials, including at least 3 murder cases, tried to argument, verdict, or final judgment;
(4) Be familiar with the practices and procedures of the California criminal courts;
(5) Be familiar with and experienced in the use of expert witnesses and evidence, including psychiatric and forensic evidence;
(6) Have completed within two years before appointment at least 15 hours of capital case defense training approved for Minimum Continuing Legal Education credit by the State Bar of California; and
(7) Have demonstrated the necessary proficiency, diligence, and quality of representation appropriate to capital cases.
(Subd (d) amended effective January 1, 2007.)
(e) Qualifications of associate counsel
To be eligible to serve as associate counsel, an attorney must:
(1) Be an active member of the State Bar of California;
(2) Be an active trial practitioner with at least three years' litigation experience in the field of criminal law;
(3) Have prior experience as:
(A) Lead counsel in at least 10 felony jury trials tried to verdict, including 3 serious or violent felony jury trials tried to argument, verdict, or final judgment; or
(B) Lead or associate counsel in at least 5 serious or violent felony jury trials, including at least 1 murder case, tried to argument, verdict, or final judgment;
(4) Be familiar with the practices and procedures of the California criminal courts;
(5) Be familiar with and experienced in the use of expert witnesses and evidence, including psychiatric and forensic evidence;
(6) Have completed within two years before appointment at least 15 hours of capital case defense training approved for Minimum Continuing Legal Education credit by the State Bar of California; and
(7) Have demonstrated the necessary proficiency, diligence, and quality of representation appropriate to capital cases.
(Subd (e) amended effective January 1, 2007.)
