Originally Posted By: The Italian Stallionette
Hey Kly & DT

Are you guys familiar with, or following at all the trial of Nidal Hasan, the Fort Hood shooter? I only just the other day took note when it was reported that he wants to be his own attorney. His lawyers say he WANTS the death penalty and that it's hard for them to continue to be his lawyer (I can imagine). confused

Anyway he is defending himself and will be questioning some of the victims on the stand. The lawyers wanted out of the case but the judge ordered them there as a back-up type thing. She said they'd have to go to a higher court if they needed to but refused to release them from their duty.

Just wondering your thoughts. How strange is it when you have to work for a client who wants the death penalty?

TIS




I had a client once, who after his arrest on a charge of rape and and attempted homicide decided bfore representation that he wanted the death penalty and therefore led investigators to a landfill where there were remains of past victims, some of whom he had been suspected of killing years ago. Just before the remains were uncovered, he changed his mind and told them he was kidding. Of course, he was charged with multiple killings with aggravated circumstances and we had to take a trial. He was easily convicted, and the jury had a more difficult time before returning a verdict of death. The sentence was vacated several years later by the trial judge, citing the US Supreme Court decision barring the death penalty for defendants, who are mentally retarded. His IQ was in the borderline range.

During a pretrial conference in chambers the judge, D.A. and I were discussing the two psychology reports from both sides that dealt with IQs. The judge said there was a legal term of idiot for one range of IQ and a term of moron for another range. She wondered aloud what do they call those in the range just below them, and I answered, "Prosecutors."

But to answer your question, it would be very strange to represent someone, who wants the death penalty. Judges are well advised not to let counsel withdraw because a defendant representing himself will leave a messy record, a frustrating trial, and likely an order for a retrial.