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Mon Nov 28, 2016, 03:39 PM

So Dylan Roof will be allowed to represent himself

Whatever - throw away the fucking keys - hope it ends like Charles Manson - life without parole

14 replies, 1270 views

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Arrow 14 replies Author Time Post
Reply So Dylan Roof will be allowed to represent himself (Original post)
malaise Nov 2016 OP
no_hypocrisy Nov 2016 #1
malaise Nov 2016 #2
Solly Mack Nov 2016 #3
malaise Nov 2016 #4
Solly Mack Nov 2016 #5
malaise Nov 2016 #7
csziggy Nov 2016 #14
Yo_Mama Nov 2016 #9
Solly Mack Nov 2016 #11
Yo_Mama Nov 2016 #12
Solly Mack Nov 2016 #13
Txbluedog Nov 2016 #6
malaise Nov 2016 #8
Adrahil Nov 2016 #10

Response to malaise (Original post)

Mon Nov 28, 2016, 04:01 PM

1. Colin Ferguson, the Long Island Railroad Shooter is a textbook example of why

capital murder defendants should at least get a Legal Aid attorney/Public Defender to handle their cases.

https://en.wikipedia.org/wiki/1993_Long_Island_Rail_Road_shooting#Trial


Roof won't even be able to mitigate the facts of his case to prevent either the death penalty or life in prison.

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Response to no_hypocrisy (Reply #1)

Mon Nov 28, 2016, 04:05 PM

2. Colin Ferguson is Jamaican - he went to on of the better boy's schools

and snapped a couple years after migrating to the US. I have friends who went to school with him. Even now they can't believe what he did.

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Response to malaise (Original post)

Mon Nov 28, 2016, 08:14 PM

3. I'm not entirely sure it isn't a strategy by the defense.

David Bruck the now former lead attorney for Roof.

Bruck is adamantly anti-death penalty. Which is a good thing to my thinking. I am as well. But read the article, Bruck is no pro-white power defendant lawyer. He takes high-profile death penalty cases to prevent the death penalty. Whether a client is guilty or innocent, Bruck wants due process that is fair and unbiased, free of corruption. He also does not want the death penalty imposed.

My thinking - Roof was deemed competent to stand trial.

The prosecution is seeking the death penalty. Both state and federal. Currently, it is the federal hate crimes trial in play. The state has also ruled Roof competent to stand trial for when it is their turn.

Dylann Roof, Charleston Church Shooting Suspect, Can Act as His Own Attorney

Dylann Roof's request came against his lawyers' advice, and U.S. District Judge Richard Gergel said he would reluctantly accept the 22-year-old's "unwise" decision.

The judge delayed the process of narrowing the jury pool when Roof's lawyers suggested that their client either didn't understand the charges against him or couldn't properly help with his defense. The lawyers didn't say what led them to question Roof's fitness for trial.

The decision came after Gergel wrapped up a hastily called two-day hearing to determine if Roof is mentally fit to stand trial, hearing testimony from psychologist James Ballenger and four other unnamed witnesses and reviewed sworn statements from three others.



I want Roof to go to prison for a long, long time. Let me get that out of the way before some knee-jerk decides I'm defending his actions in any way. However, I do not support the death penalty.

Yes, it does say Roof wanting to be his own counsel is against his lawyers' wishes, but duh. It is important to state that, especially considering they said Roof wasn't able to assist in his own defense. If he isn't able to assist in his defense, how can he be able to defend himself?

But if Roof, acting as his own lawyer, begins to display erratic behavior for all to see - especially the jury - then how competent is he really? Yes, he has already been ruled competent but his behavior as his own lawyer could cast reasonable doubt about the expertise & veracity of those who say Roof is competent. It could be a game changer, however unlikely.

See what I'm saying?

Roof ends up in a mental institution instead of prison. Prison would be better, actually. The horror stories from mental hospitals make regular prison sound far superior - unless you are under penalty of death - as Roof is, both federal and state.

Roof could also be found guilty but not get the death penalty. But I think the odds are he will get the death penalty - especially at the state level - which would prompt a new strategy - if you're a defense attorney who is vehemently against the death penalty. Sure, it's a "Hail Mary" play - but it might work.

He could get a guilty but mentally ill verdict, but once deemed mentally fit again, he'd still have to complete his prison sentence, which could still include the death penalty.

I could be wrong, of course. (and I most likely am wrong)

This was all brought on because I have a hard time believing Bruck wouldn't fight against allowing Roof to be his own counsel unless something else was in play. The man truly despises the death penalty.

Any lawyers on DU wanting to help me understand things better, please do.

Of course, it could be that Roof thinks he can defend himself, keeping Bruck as help. It could be that simple, and Bruck will now have to do his best to mitigate any damage. Bruck's goal isn't to keep Roof out of prison, but to keep him from being killed by the state.










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Response to Solly Mack (Reply #3)

Mon Nov 28, 2016, 08:19 PM

4. Like you I'm against the death penalty

Sadly he now gets to question the families of those whom he slaughtered

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Response to malaise (Reply #4)

Mon Nov 28, 2016, 08:21 PM

5. Yes, and I do find that more than distasteful. It's sickening.

He deserves life in prison. He also needs mental help (I think). Killing him won't change anything.



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Response to Solly Mack (Reply #5)

Mon Nov 28, 2016, 08:23 PM

7. Agreed

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Response to malaise (Reply #4)

Mon Nov 28, 2016, 11:41 PM

14. Having seen the families on TV I think they can handle the twerp

The people he attacked have more dignity and class than he could ever achieve. I hope they can shame him into admitting that what he did was horrific - but they won't try to. They will simply be examples of the best humans can be and reminding the world was a sorry excuse for a human he is.

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Response to Solly Mack (Reply #3)

Mon Nov 28, 2016, 08:46 PM

9. I too think the lawyers are in on it and it is a ploy to delay the inevitable.

Roof will be sentenced to death and executed, unless the DP is made unconstitutional. But having Roof represent himself, who is clearly incompetent to defend his interests in a DP trial, provides grounds for years of appeals and a retrial.

At this point, the only possible defense strategy is to run out the clock as long as they can to avoid actual execution.

There is no workable defense. He was not legally insane at the time, and his own statements made his motivation clear.

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Response to Yo_Mama (Reply #9)

Mon Nov 28, 2016, 08:50 PM

11. It just struck me as odd, considering Bruck.

Guilt isn't the issue. I think everyone knows Roof is guilty of multiple murders and hate crimes. Bruck is about avoiding the DP.

I don't know. Like I said...just seemed odd.

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Response to Solly Mack (Reply #11)

Mon Nov 28, 2016, 09:01 PM

12. Bruck can't get him out of the death penalty, and if he defends him,

the best grounds for appeal (inadequate defense at trial) are not going to be there.

I think Bruck has told Roof, or encouraged Roof, to do this. That's what I thought the instant I read the news.

There isn't the hostility here between client and lawyers that one usually sees in such cases.

Bruck will be there, guiding Roof, and then Bruck will start the appeals. They should be able to run it five or ten years.

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Response to Yo_Mama (Reply #12)

Mon Nov 28, 2016, 09:04 PM

13. You're probably right.

Thanks!

I'm glad someone else thought it a possible ploy. It helps.

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Response to malaise (Original post)

Mon Nov 28, 2016, 08:22 PM

6. Oh please

 

It's a ploy to set up the inevitable appeal when he's found guilty

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Response to Txbluedog (Reply #6)

Mon Nov 28, 2016, 08:23 PM

8. I hear you

Good point

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Response to malaise (Original post)

Mon Nov 28, 2016, 08:48 PM

10. How much you wanna bet....

 

... that at some point he argues that Trump getting elected should result in automatic acquittal?

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