You never had any doubt in their ability. I know you don't. In fact, you've always told me you're satisfied with them and that you're not dissatisfied at all; and now with this situation, even though you've been able to make an opening statement and to question some witnesses, I'm concerned about your ability to do other things that lawyers have to do. Spent a lot of money developing -- having investigators developing witnesses. I'm not sure that you can effectively call witnesses. I have another concern about your ability to put on a case if we get to the sentencing phase of the trial. I just don't think you have the understanding of how to go about doing it. It's quite difficult to ask questions of witnesses on cross-examination. It's kind of difficult to present evidence effectively. I want you to consider that. I want you to consider real carefully whether you do want to continue to represent yourself. I was going to ask you this even before you told me about your problem.
What do you think you want to do? [The defense lawyers are] up to speed. They've been here the whole time. I think they can effectively stand in and represent you in the rest of this trial. . . . One of the reasons you said you wanted to represent yourself was because you said you could speak for yourself better than anybody. You've had that chance in opening statement. Now maybe it's time for professionals to continue with the case.
What is it you want to do?
Muhammad: I want them to continue.
Judge Millette: Okay. Well, let's go through a couple of things. The first thing is this. If I let them take over the case again, I'm not going to let you change again and represent yourself. I told you before that once the trial starts, it's going to be at the court's discretion as to whether you can represent yourself or not. When you asked before, it was at the very beginning of the trial, and you told me you had been thinking about it for several months, and that's the main reason why I let you represent yourself. Now, if they take over this case, they stay as counsel the rest of the way. Do you understand that? We're not going to switch back again.
Muhammad: Yes, your honor.
Reviews of Muhammad's performance as his own counsel: Mixed, with almost everyone saying he may have scored some points with the jury. He's been humanized to them and he was polite. This article posits his stint as his own attorney may have been calculated. Our view, posted Tuesday, in which we asked whether Muhammad is crazy or crazy like a fox is here.
We like this quote from today's Washington Post editorial on the switch:
First, although the Supreme Court has said that defendants competent to stand trial are also deemed competent to choose to represent themselves, states can -- and should -- impose more stringent tests of competency before allowing defendants to proceed on their own. Second, as in Mr. Muhammad's trial, the judge can provide "standby counsel" to advise defendants on points of law. It was unseemly for prosecutors in the sniper case to complain that Mr. Muhammad was asking his lawyers for too much help, and unnecessary for Judge Millette to admonish Mr. Muhammad against such questioning. If a defendant proceeding on his own at least has the good sense to ask for help, that is all to the better -- not just for the defendant, but for the society that seeks to hold him accountable.
