98911, People v. Baez

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know everything about his case. Mr. Buchholz has to knoweverything about you before they can get together and try tonegotiate.DEFENDANT: I don’t think anybody knows anythingbetter pertaining to the case than I.THE COURT: Well, you know, you may know moreabout what happened. But you don’t know about the law, Mr.<strong>Baez</strong>. You don’t know the negotiation process, because youhave never been in this position.DEFENDANT: Exactly.THE COURT: All right.So it’s absolutely best for a lawyer to try to negotiate foryou rather than try to negotiate yourself.And, I mean, that is just the bottom line. You can dowhatever you like. If you want to represent yourself, I’ll giveyou all the admonishments that the law requires, and if youdecide to represent yourself against my advice, I mean, that’swhat you will do.But you will be at such a disadvantage, you will be at sucha disadvantage if you are negotiating with the State on yourown, you might tell them things Mr. Buchholz might not tellhim. You might tell them things that would help them try thecase against you rather than help you out.He knows the things that are going to benefit you and heknows the things that are going to hurt you, because he knowsthe law and you don’t.So I would suggest that you let him proceed on your case.* * *He just knows so much more about it than you.I’m saying that because I don’t–I just think you’d beinsane to try to represent yourself.DEFENDANT: I feel that is the best thing for me.THE COURT: All right.We can do–would you do this for me? Before you makeyour decision, will you let Mr. Buchholz review the materials-16-
he has, sit down with you one more time and talk about thecase, talk about–if you still desire to do what you say in thisfirst paragaph, and if you sit down with him and he will talkto the State before the next date, I’ll give you a long enoughdate to have that conversation, and he can give you an answerfrom the State, whatever.Once you have had that conversation, if you still want toget rid of your lawyer, I’ll give you all your admonishmentsand then you will proceed on your own.But once you make that decision, you will be on yourown.* * *You’re in an unbelievably terrible position when you tryto represent yourself. *** I would not possibly representmyself, even as a lawyer, and I have been a judge fourteenyears, a lawyer for twenty-seven. I would not represent myselfno matter what the charge was.All right?DEFENDANT: Yes, ma’am.THE COURT: Mr. Buchholz, what I’d like you do is havea conversation with him, sit down at the jail before the nextcourt date, and then sit down with Mr. Brogan.”Buchholz indicated that he would meet with defendant and that hehad just hired a mitigation expert, and the court explained the role ofthe mitigation expert to defendant. The court noted that the mitigationexpert would need time to compile her report, and then it turned backto defendant’s request:“[THE COURT:] So I think you ought to be a little morepatient and realize that even though you think thatrepresenting yourself might be to your benefit, it may sealyour fate.All right?DEFENDANT: Yes, ma’am.”At the end of this discussion, the court repeated its instruction toBuchholz to meet with defendant to discuss all of the discovery thathad been tendered, and the parties agreed to continue the case to-17-
Page 1 and 2: Docket No. 98911.IN THESUPREME COUR
Page 3 and 4: strangulation. On Mena’s body, Co
Page 5 and 6: when she turned her back defendant
Page 7 and 8: The court indicated that defendant
Page 9 and 10: then occurred:“THE COURT: All rig
Page 11 and 12: If this were a case that were near
Page 13 and 14: to talk to the lawyer. Actually the
Page 15: * * *Let me-just from reading the f
Page 19 and 20: to get it resolved,” and defendan
Page 21 and 22: eaking and entering, six counts of
Page 23 and 24: Defendant’s younger brother, Gena
Page 25 and 26: DeSloover also presented a “psych
Page 27 and 28: to return him to his mother’s hou
Page 29 and 30: that, as an axis II diagnosis, 4 th
Page 31 and 32: others,” indicated by at least th
Page 33 and 34: of defendant’s juvenile records s
Page 35 and 36: Defendant also called Ruben Granvil
Page 37 and 38: certainly don’t believe he was br
Page 39 and 40: appropriate sentence.”Defendant
Page 41 and 42: irrelevant, because its theory was
Page 43 and 44: motion for appointment that he plan
Page 45 and 46: person. When Granich later told the
Page 47 and 48: Mr. Baez on that date, on prior dat
Page 49 and 50: ANALYSISI. Right to CounselDefendan
Page 51 and 52: and attorney Theis. After the court
Page 53 and 54: private counsel and that it could n
Page 55 and 56: egarding Granich’s experience gen
Page 57 and 58: We can do-would you do this for me?
Page 59 and 60: experience, and conduct of the accu
Page 61 and 62: 1989), but that case is distinguish
Page 63 and 64: firsthand the credibility and belie
Page 65 and 66: Defendant’s second expert witness
Page 67 and 68:
defendant was not under the influen
Page 69 and 70:
did apply the “death is the appro
Page 71 and 72:
second phase of a death penalty hea
Page 73 and 74:
defendant participated in an aggrav
Page 75 and 76:
childhood and early introduction to
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98911, People v. Baez

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