When a defendant chooses to represent themselves in criminal court, they must follow the same professional standards as licensed attorneys, including understanding rules of evidence and procedure, and cannot claim ineffective assistance of counsel as grounds for appeal; this often leads to worse outcomes for untrained defendants who underestimate the complexity of legal proceedings.
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"I Don't Care!"—Arrogant Inmate's Sovereign Act BACKFIRES!Added:
When I'm talking, you do not talk over me.
>> Bro, I got 10 in, four left to do. I do not care. It's 3 years.
>> You're making a huge mistake.
>> None of that, bro. None of the stuff you're talking about right now make any sense to me, do I care about it at all, even a little bit, man.
>> Mr. Jones, I don't care what you want with regard to that.
>> It's 3 extra years, max. You work with the prosecution, you ain't here for me.
>> I'm sorry?
>> That's nothing.
>> Are you able to read and write?
>> Sometimes. Depends on how many pictures are on >> All right, stop.
Stop. Mr. Jones is present before the court with counsel, Mr. Morton. Mr. Arnold's here on behalf of the state of Ohio. I've been I've been told that there's an issue.
>> Uh your honor, my client has indicated to me that he might want to represent himself in this matter.
Um I just wanted to bring it to the court's attention to have the court address that issue.
>> All right, Mr. Jones, I want you to tell me what's going on.
>> I just want to represent myself. I feel like nobody's going to fight for me like I'm going to fight for myself. Went through voir dire, I've been through jury trials. I've done all this before.
>> You go to law school?
>> No, I do not, sir.
>> So, do you do you know all of the rules of evidence and the rules of criminal procedure?
>> I don't think I really need it with this case. It's pretty >> You absolutely need them because every time something happens, Mr. Arnold here has been a a practicing trial attorney with the prosecutor's office in Hamilton County and Warren County for how long, Mr. Arnold?
>> Well, if you add in military time, almost 46 years.
>> 46 years. He's a skilled trial attorney.
He knows the rules of evidence and he knows the rules of procedure. You can roll your eyes at me all you want.
>> care about none of that.
>> But here's the problem. I'm required by by my canons that I hold you to the same standard that I hold Mr. Arnold, even though you have no formal training or education in the law.
I'm sorry?
>> It'll be all right.
>> It'll be It won't be all right. I'm telling you you won't you won't >> I ain't got no time, bro. I got 10 in, four left to do. I do not care at all, even a little bit. It's 3 years. It's cut and dry.
What happened happened. I didn't start this.
Jury let the jury decide. Don't care about none of that, bro. None of the stuff you talking about right now make any sense to me do I care about it at all even a little bit, bro. It's three extra years max.
>> So, what are you telling me?
>> I'm telling you I can represent myself.
I can handle it. It's not that serious.
>> Is Ms. Martin a skilled trial attorney?
>> That's cool. I I might be a skilled trial attorney, too. Sometimes you just got to try stuff in life and never know how you might good you might be at it.
>> You ever picked a jury before?
>> I have. I've been through masses of those. I've been through about at least seven different ones though. Some of them didn't go all the way through.
People got sick and stuff like that. Had to do it all over again.
>> You realize that if I if you do this, you cannot use your you cannot use ineffective assistance of counsel as a grounds for an appeal. It's not a basis for an appeal. You'll be representing yourself. You'll be held to the exact same standards that I hold Mr. Arnold to and it would be a it would be a huge mistake.
>> All right.
>> I'm sorry.
>> It's not It's not cool. It's It's It's You're making a huge mistake.
>> I'm I'm at a whole bunch of those sitting in prison right now for something I didn't do, so I've made a lot of mistakes. I don't can't live life with regret, bro.
Got to do what you got to do.
>> Well, I'm inclined to decline that request. We are here on the day of jury trial. The jury is waiting for me to bring them down. I'm inclined to allow Ms. Martin to proceed representing you.
>> I don't want Ms. Martin representing me.
I'll represent myself.
I don't need somebody that's going to lay down and work with the prosecution.
I'm going to do what I got to >> Martin is does not is not >> I'm That's cool. Your opinion is irrelevant in this matter. Your opinion is not helping her none.
You work with the prosecution. You ain't here for me.
>> You are You are incorrect. I do not work with the prosecution. I do not work with the defense counsel. Actually, one of one of my functions here is to make sure that your constitutional rights are protected, which is what I'm doing right now. I'm >> That will be tested. We will see about that.
>> The other The other problem is obviously you have a right to remain silent. Um with with you asking questions and and you're making a huge mistake.
>> Add it to the list. It's a whole bunch of them. Long list.
>> Is Is anyone threatened you in any way or promised you anything in order to to get you to waive your right to counsel?
>> No.
Just want to represent myself.
I can't go I can't go any worse than they might be about to go. It's only 3 years, man.
It's only 3 years.
I got to sign it in front >> And as long as you under as long as you understand that in in asking questions and picking the jury and everything that you do this The The other Here's the other problem.
Here's the other problem. Is he in shackles?
>> Yes.
>> Okay. There's the other problem. Because you are in custody, you have shackles on. Do you want the jury to see you in shackles?
>> That's going to answer an appeal by itself. I realize that part. You're not supposed to let the jury see me in shackles. So, I mean, that's kind of like a tipsy turvy type of thing right there. Know a little bit more than most.
Ain't all the way simple. Close to it, but >> All right, Mr. Jones. I've been handed You've been handed a waiver of right to counsel. You understand that you have the absolute constitutional right to be represented by an attorney. Do you understand that?
>> Yes, sir.
>> You understand that you you are not being charged for Ms. Martin's services, that you have the right to have an attorney appointed to you free of charge. Do you understand that?
>> Yes, sir.
>> And you understand the charge against you is a felony of the third-degree assault because of because of your status, the status of the alleged victim, and the location of the incident being in a depart in a Department of Corrections, that the maximum penalty is 36 months in prison.
>> Correct.
>> All right.
>> [snorts] >> Are you aware of any possible defenses to this charge of this allegation?
>> Meaning what?
>> I'm I'm just asking the question. Do you Are you aware of any? Are you aware of any?
>> I understand the question you're asking, sir.
>> Well, you're you're going to represent yourself and put on a defense, I assume, at least at least by way of cross-examining the witnesses presented by the state.
>> Right.
>> Do you understand that?
>> Yes, sir.
>> All right. Do you understand that there may be possible defenses that you could raise in your in your cross-examination of the state's witnesses or in presentation of witnesses on your own behalf. Do you understand that?
>> like impeaching a witness?
>> I Sir, I'm not going to I'm not I'm not going to explain every single thing to you. That's why I'm That's why I'm trying to encourage you to go with counsel here.
Do you understand?
>> Yes, sir.
>> All right. There may be possible mis- possible mitigating circumstances. Do you understand that?
>> Huh? No, no, I don't.
>> You don't know what mitigating circumstances are?
Again, that's another reason why you need to have a >> Three years long. Three years. That's nothing.
>> Let Let me ask you Let me tell you something.
Uh If when I'm talking, you do not talk over me. Do you understand that?
>> Yes, sir.
>> You're not going to misbehave in my courtroom. You're not going to misbehave in front of this jury, cuz I'm going to tell you right now it's going to end very quickly and very badly for you if you do.
>> It's three years.
>> Well, you You're the one that selected to go with a jury trial. So, you keep on saying it's only three years. That's fine.
All right.
>> They tried to give me two of it anyways.
Might as well go to trial.
>> Okay.
Do you understand that I've told you several times now, if you represent, you will be detrimental It will be detrimental to your case. Do you understand that?
>> I don't I don't know if I believe that.
That's your opinion.
>> It is my opinion, and I'm I'm strongly advising you against it. But, do you understand that that in my opinion, if you represent yourself, it will be detrimental to your case.
>> Everybody's entitled to their opinion.
>> Okay. But, do you understand what I'm telling you?
>> Yes, sir.
>> All right. Do you understand that if you represent yourself, you're going to be held to the same standards as any other defense attorney and the same standards as I I'm going to hold Mr. Arnold. Do you understand that?
>> Yes, sir.
>> Have you ever represented yourself before in any criminal prosecution?
>> No, sir.
>> And you wish to go forward today without the assistance of an attorney.
>> I Can I get Can I get a few minutes?
I need to use the bathroom anyways.
>> Few minutes for what?
>> To use the bathroom, think about it, make sure this is what I want to do.
>> Take him to the bathroom.
>> I just want to say one thing real quick, Your Honor. I ain't getting the opportunity to use the bathroom. Your Your officer wouldn't wouldn't allow me to come out the cuffs. I don't know how I'm supposed to I don't want to be rude or crude. Like I know I got off to a bad start with you, sir, and that's not what my intentions were. I'm just kind of obnoxious. Uh I mean, I'm sorry.
>> Yeah, I'm not in charge of security here, Mr. Jones. The deputies and the transport officers are in charge of you.
You're >> So, how am I supposed to I'm supposed to use the bathroom in cuffs? How am I supposed to be able to wipe myself in cuffs? And your officer refused to move the cuffs when I was locked in the cell.
I'm just trying to use the bathroom. I need to use the bathroom before we get started, sir.
>> Rhodes?
>> Yes, sir.
>> What's What's the issue with him?
>> I was never asked to remove the cuffs.
>> Yes, he was, man.
You know I had to had to use the bathroom. I don't know what else I'm supposed to say. I don't need I need the cuffs >> let's get through this and we'll talk about your bathroom after that. All right. I advise you that you're charged with an assault of a corrections officer as an inmate at the correctional facility.
Maximum penalty as we have said is 36 months in prison.
Now, the the issues that present themselves with regard to you representing yourself obviously is a logistics issue since you are incarcerated. Uh the shackles on your legs will remain. Uh the court is going to make a finding. And again, if you want to have a hearing on this, Mr. Arnold?
>> Your Honor, I just ask the court to take note that he's previously been convicted of assault on a corrections officer and is an inmate incarcerated for offenses of violence.
>> So, I'm going to I'm going to make a finding that that you that you pose a security risk to this courtroom. So, the shackles on your legs are going to remain there. Now, I'm going to accommodate you in that both the state and you will do your opening, your voir dire, your voir dire, your opening, the questioning of witnesses, and your closing arguments from counsel table. Now, you can stand up at that table without your legs being seen because there's there's for the record there's a skirt or the the bench itself in front of you hides your feet.
No one can see your legs.
Uh you understand that?
>> Yes, sir.
>> All right.
So, I I've already told you that in the court's opinion representing yourself is is probably going to hurt your case, right? You understand that I've said I've said to you already that the state of Ohio is represented by a competent, experienced trial attorney, and that you will be held to the same standard as Mr. Arnold. You understand that?
>> Yes, sir.
>> All right. The rules of evidence and rules of procedure, even if you don't know them, will apply to you. Do you understand that?
>> Yes, sir.
>> I cannot assist you at all during the course of the trial.
>> Yes, sir.
>> You want to get again understand that this is not a license for you to abuse the dignity of this court.
>> Yes, sir.
>> There will be no appeal for ineffective assistance of counsel.
>> Yes, sir. Yes, sir.
>> Again, how old are you?
>> 38.
>> How far did you go in school?
>> I dropped out.
>> See, are you able to read and write?
>> Yes, sir.
>> Do you have any prior experience in representing yourself?
>> I don't represent myself. I've always had good dialogue with my attorneys.
>> Okay. Do you have any prior experience your prior experience in the legal system?
>> Uh just being charged with stuff.
>> Okay.
Uh you don't have any formal training in the law?
>> No, sir.
>> All right.
And you have no mental mental deficiency or conditions that would interfere with you uh understanding what's going on here today?
>> Not that I'm aware of.
Bathroom, though.
>> Uh now tell me once again, is it your intentions, is it your desire uh that you want to proceed in this trial representing yourself?
>> I'm I'm pretty sure.
>> Now, you got to be certain.
>> I mean >> Why don't we do this? Why don't we do this, Mr. Jones? Let's start Let's allow uh Ms. Martin to uh represent you and if something happens and you don't you want You can change your mind later. It's easier to go that way than to go the other way.
You can't have it both ways. What's that?
>> I use the bathroom cuz I really got to go, sir.
I just need to use the bathroom. I'll be a lot more focused and stuff. I really got to use the >> All right, Rhodes, take him to the bathroom. I'm not going to go over this with you again. You have this last one last opportunity.
>> sir.
>> All right.
Take him Let's go off the record. We are back on the record in the state of Ohio versus Aaron Jones. Mr. Jones, uh you've had your second trip to the bathroom now. Uh I take it everything went better?
>> Yes, sir.
>> All right. Now, uh you have in front of you a form called waiver of counsel.
I've gone over with you all of the elements uh of granting that waiver.
Uh do you still wish to proceed as your own counsel?
>> I need to get some counsel. I need real counsel. I My fam- I've I've talked to my family and they they was talking about hiring a lawyer. I thought it was thought it was more cut and dry than I thought a little more confidence in Ms. Martin and that and just at this point in time I'd rather just wait on my family to get a lawyer for me.
>> That's not going to happen. This case is proceeding to trial today.
>> Well, I'll represent myself, then.
>> You You You want Ms. Martin >> No, I don't want I don't want her near me, around me, or nothing. She can leave.
>> the form in front of you.
All right, Ms. Martin, you'll stay uh behind uh Mr. Jones as uh standby counsel. Mr. Jones, uh you have uh that's your signature, sir?
>> Yes, sir.
>> And you read this document?
>> Well, not really.
Why is Ms. Martin here?
>> Cuz I'm making her as a standby counsel in case there's an issue. She'll be in the back of the courtroom.
>> I don't I don't need her.
>> Mr. Jones, I don't care what you want with regard to that. I'm following procedure and this is what we're going to do. Read the form, please.
>> The whole reason the whole reason of of represent myself is cuz I didn't trust the lady. That was >> She's she's not she's she's >> She's still here and attached to my case. That's the >> She's removing herself.
>> I'm removing her. Well, what's for that?
What's for me to be able to represent myself?
>> You You will be. Sign the form.
>> It's already signed.
>> All right, read I'm sorry, I misspoke.
>> You already seen my signature was on that sheet. You already seen it was there. What are you talking about?
>> Mr. Jones, read the form. You said you didn't read >> signed it, man. It's cool. Go ahead.
>> Read the form.
Are you able to read and write?
>> Sometimes.
Depends on [snorts] how many pictures are on >> You done?
>> I ain't reading. I already signed it.
We already went over it. It's cool.
>> All right, the court will make a finding then, sir, that you made a knowing, intelligent, and voluntary waiver of your right to counsel and the court will accept that. Ms. Martin will stay in the courtroom as standby counsel.
Other than that, are we ready to >> Ms. Martin is standby counsel.
>> Mr. Jones, I'm going to tell you one Mr. Jones, I'm going to tell you what >> allowed to object and I'm my own counsel now. I'm not allowed to object to anything.
>> Did you say the word objection?
>> I did. I said I object.
>> What are you What are you objecting to?
I removed >> Ms. Martin is standby as counsel. I'm representing myself. I don't I'm objecting to having her here. I don't trust her. That's the whole reason of me releasing her was to represent myself cuz I didn't feel confident with her abilities, nor did I feel confident enough with her not working with the prosecution or to help lay down and obtain a conviction. My My My removing of her was based on >> Stop. Your objection is overruled. Ms. Martin will stay in the courtroom as acting counsel. Stand by counsel, sorry.
All right, are we ready to bring the jury down?
>> Yes, your honor.
>> All right, bring them down.
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