CHARLESTON, S.C.: The white man accused of fatally shooting nine black parishioners at a church was allowed Monday to act as his own attorney, opening the door to courtroom spectacles at his death penalty trial, including Dylann Roof questioning survivors of the attack and relatives of the dead.
Roof’s decision to represent himself comes months after he offered to plead guilty in exchange for the promise of life in prison. But federal prosecutors have refused to take the death penalty off the table in the slayings at Emanuel AME Church in Charleston. Until now, Roof has been represented by one of the nation’s most respected capital defenders.
He joins a long line of high-profile defendants who acted as their own attorneys, often with poor results. Serial killer Ted Bundy, Beltway sniper John Allen Muhammed and Army Maj. Nidal Hasan, who killed 13 people at the Fort Hood military base in Texas, ended up with death sentences.
After firing their lawyers, Long Island Rail Road shooter Colin Ferguson was sentenced to 200 years in prison, and 9/11 conspirator Zacarias Moussaoui was sent away for life.
Defendants who act as their own lawyers generally want to bring attention to their causes and publicize their actions. That almost always runs counter to the advice of lawyers, who urge them not to incriminate themselves.
“They think they have a message, and that’s unfortunately what leads to these crimes in the first place,” said New York attorney Tiffany Frigenti, author of an article called Flying Solo Without a License: The Right of Pro Se Defendants to Crash and Burn for her law school journal.
In approving Roof’s request to act as his own lawyer, U.S. District Judge Richard Gergel also appointed his defense team to stay on as standby counsel, available for advice and assistance throughout the trial. That team includes celebrated death penalty attorney David Bruck, who slid down one seat and let Roof take the lead chair after the judge’s order Monday.
Roof’s motion came the same day jury selection resumed in the case, a process halted Nov. 7 after lawyers for Roof questioned his ability to understand the case against him. After a two-day competency hearing, Gergel last week ruled Roof was competent to stand trial.
The court needs 70 qualified jurors before attorneys can begin whittling that number down to 12 jurors and six alternates. Twenty-four more potential jurors will be questioned on Tuesday.