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American Morning
Risks of Self-Representation in Court
Aired October 21, 2003 - 07:07 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: The judge, LeRoy Millette, warned Muhammad that his requested move was a mistake. And, as Jeff Toobin reports this morning, defending oneself in court is rarely successful.
(BEGIN VIDEOTAPE)
JEFFREY TOOBIN, CNN LEGAL ANALYST: John Muhammad is defying one of the oldest sayings in law: "The man who represents himself has a fool for a client." When defendants represent themselves, they almost always lose.
It's a special category of defendants who try -- those more interested in making a point than beating the rap. Assisted suicide doctor, Jack Kevorkian, did it. Unabomber Ted Kaczynski is doing it now in his appeal.
RON KUBY, CRIMINAL DEFENSE ATTORNEY: Generally speaking, there are two categories of defendants who insist on representing themselves. There are political defendants -- people whose crimes are political crime, political statements, or whose defenses are political -- on one hand, and crazy people on the other. And the line between them isn't always clear.
TOOBIN: Though they rarely win, these defendants often create headaches for judges and prosecutors, with frivolous motions, irrelevant arguments and their own bizarre ideas of what constitutes legitimate evidence.
Colin Ferguson, convicted of killing six commuters on the Long Island Railroad, turned his trial into a near circus.
COLIN FERGUSON, CONVICTED OF MURDER: I object to that, judge.
UNIDENTIFIED MALE: The objection is noted.
FERGUSON: Prejudicial effect.
TOOBIN: Before allowing defendants to represent themselves, judges usually order detailed psychiatric examinations to make sure these would-be attorneys are mentally confident. Muhammad passed his exam; so did Zacarias Moussaoui, the only person charged in the U.S. in connection with the September 11 terrorist attacks. The judge says Moussaoui has filed so many groundless motions that he may be hurting his own case.
(on camera): There tends to be a limit on how much these defendants can accomplish -- grandstanding, disruption, delay, yes. But acquittal? Almost never.
Jeffrey Toobin, CNN, New York.
(END VIDEOTAPE)
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com.
Aired October 21, 2003 - 07:07 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: The judge, LeRoy Millette, warned Muhammad that his requested move was a mistake. And, as Jeff Toobin reports this morning, defending oneself in court is rarely successful.
(BEGIN VIDEOTAPE)
JEFFREY TOOBIN, CNN LEGAL ANALYST: John Muhammad is defying one of the oldest sayings in law: "The man who represents himself has a fool for a client." When defendants represent themselves, they almost always lose.
It's a special category of defendants who try -- those more interested in making a point than beating the rap. Assisted suicide doctor, Jack Kevorkian, did it. Unabomber Ted Kaczynski is doing it now in his appeal.
RON KUBY, CRIMINAL DEFENSE ATTORNEY: Generally speaking, there are two categories of defendants who insist on representing themselves. There are political defendants -- people whose crimes are political crime, political statements, or whose defenses are political -- on one hand, and crazy people on the other. And the line between them isn't always clear.
TOOBIN: Though they rarely win, these defendants often create headaches for judges and prosecutors, with frivolous motions, irrelevant arguments and their own bizarre ideas of what constitutes legitimate evidence.
Colin Ferguson, convicted of killing six commuters on the Long Island Railroad, turned his trial into a near circus.
COLIN FERGUSON, CONVICTED OF MURDER: I object to that, judge.
UNIDENTIFIED MALE: The objection is noted.
FERGUSON: Prejudicial effect.
TOOBIN: Before allowing defendants to represent themselves, judges usually order detailed psychiatric examinations to make sure these would-be attorneys are mentally confident. Muhammad passed his exam; so did Zacarias Moussaoui, the only person charged in the U.S. in connection with the September 11 terrorist attacks. The judge says Moussaoui has filed so many groundless motions that he may be hurting his own case.
(on camera): There tends to be a limit on how much these defendants can accomplish -- grandstanding, disruption, delay, yes. But acquittal? Almost never.
Jeffrey Toobin, CNN, New York.
(END VIDEOTAPE)
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com.
