"For you to go to bat and take the case to trial or
even to pursue a plea, if that's what you were alluding to before, with these lawyers is going to be totally against your
interest..." ~Judge Matz Fall of 2002, to the accused.
ONE YEAR LATER.
"So a prudent thing to do for somebody in your situationwould be isI'll take my best shot at it.
You can take your best shot at being your own lawyer, if you want, or you can be a lawyer." ~Judge A. Howard Matz. Fall of 2003, to the same accused, in the year of his secret hearing, and the situation. The most unusualsituation, requiring his vital knowledge of the law.
"For you to go to bat and take the case to trial or
even to pursue a plea, if that's what you were alluding to
before, with these lawyers is going to be totally against your
interest and against my duty to assure that you get effective
assistance of counsel." ~Howard Matz. Summer of 2002, pre-trial of Killercop.
"Indeed, it is the
duty of trial courts to protect an accused's right to counsel..." See Sandoval v. Calderon, 241 F.3d 765, 774 (9th
Cir. 2000)
08.22.2002
Page 20, Lines 16-19
Judge: “If you had said to me judge, I want to be my own lawyer, I would have spent a half hour explaining to you why that would be an absolutely mistaken decision on your part.”
Page 20, Lines 24-25
Judge: “If you are not seeking to represent yourself you’re making a wise decision.”
Page 32, Lines 13-14
Judge: “What about you, Killercop?”
Killercop: “I’m just a cog in the wheel at this point.”
FACT:
The reach of the guarantee of Due Process into criminal prosecutions is not susceptible of exact definition. It has been said that as, applied to a criminal trial, denial of Due Process is the failure to observe that fundamental fairness essential to the very concept of justice. California v Trombetta, 476 U.S. 479, 104 (1984)
"So that's one alternative. You get another lawyer.
But you get-that lawyer, and it could be a man or a woman, on
the basis and in the manner I just described. In principle, the
alternative to you having another lawyer derived from that method is
to represent yourself.I don't know whether that's
what you're seeking.
But if
that's what you're seeking, then I would do my best to bang you
on the head and kick you on the shins, and ..., talk you out-of-that, because it would be totally against your interests." ~Howard Matz. Winter of 2002, pre-trial of Killercop.
NOTE: MATZ LOST ME @ "I really don't understand...But if
that's what you're seeking...,"
Page 62, Lines 14-17
Judge Matz: “Okay. Well, I’ve already told you, as you acknowledged earlier today, Killercop, that any individual who chooses to proceed on his own was taking enormous risks and subjecting himself to aconsiderable disadvantage.”
Judge: “You don’t think you have the ability to defend yourself against the United States of America, and you’re right about that. I agree with you 100 percent. It would be crazy to do it…”~Judge A. Howard Matz.January of 2003, in the year of his secret hearing.
Matz has set the benchmark for cronyism, incompetence, and arrogance.
HMMMMMMM, PRUDENT??? SOUNDS TO ME LIKE HOWARD IS "PROVIDING LEGAL ADVICE FROM THE BENCH"...AND ISN'T THAT AGAINST THE LAW? LET'S DOUBLE CHECK OUR FACTS, YEP, IT SURE IS. BACK UP COPY HERE. THAT'S THE TRUE SITUATION.
"U.S. District Judge Nancy Edmunds advised Umar Farouk Abdulmutallab not to get rid of his attorneys, but he insisted. Edmunds then granted his request and asked if he had anything further to say. "If I want to plead guilty to some counts ... basically, how would that go?"
Asked for comment on Monday's developments, Miriam Siefer, who headed Abdulmutallab's defense team, said: "Mr. Abdulmutallab has the right to represent himself, and he's exercised that right."
The Code of Conduct for United States Judges prohibits judges from practicing
law, see CODE OF CONDUCT FOR UNITED STATES JUDGES, ch. 1, Canon 5F, and from "serv[ing]
as an officer, director, active partner, manager, advisor, or employee of any business other
than a business closely held and controlled by members of the judge's family."
08.27.2003:
Page 60, Lines 15-17 Judge: “Killercop, as the record amply demonstrates, has gone through four attorneys; he’s fought with all of them; he’s insisted on firing all of them.
Page 62, Lines 14-17
Judge: “Okay. Well, I’ve already told you, as you acknowledged earlier today, Killercop, that any individual who chooses to proceed on his own was taking enormous risks and subjecting himself to a considerable disadvantage.”
Page 14 Judge Matz: In principle, the alternative to you having another lawyer derived from that method is to represent yourself. I don’t know whether that’s what you’re seeking. I really don’t understand what you’re seeking. But if that’s what you’re seeking, thenI would do my best to bang you on the head and kick you on the skins(sic), and I’m speaking figuratively, I don’t mean that literally, talk you out of that.Because it would be totally against your interests.
Page 18 Judge: “You don’t think you have the ability to defend yourself against the United States of America, and you’re right about that. I agree with you 100 percent.”“It would be crazy to do it…”
Folks, actually and factually I begged the court to not remove the original first attorneys at the September 23, 2002 hearing, page 18, Line 7-10.See below.
“I would therefore request respectfully this court order the Public Defender’s Office to BE prepared to try the case on October 22 [2002] asso [previously] ordered and to deny any motion to be relieved.” ~Killercop
And I did tell him EXACTLY what I wanted as between those two alternatives when we next met on 01.17.2003. He just refused to listen. In the interests of justice no doubt.
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