Is Pro Se Your Best Defense?

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COLUMBIA S.C. (WOLO)- Many people can recite the words that protect citizens from persecution for their actions or even speech, otherwise known as the Miranda Warning.  Miranda, as it is known, based on the case from the 1960’s of United States V Miranda.

The jist of Miranda is that people accused of a crime have the right, based on the Sixth Amendment to the Constitution, to have the assistance of counsel in all criminal prosecutions.  Simply put, if someone charged for a crime wants an attorney, it is his right to have one, even if he can’t afford it.

However, what if you don’t want one, and would rather represent yourself Pro Se…a Latin term meaning “on behalf of themselves?”

“A pro se defense,” according to attorney Josh Pozsik from Pozsik / Carpenter “Is as much your right as having someone else represent you.”  Pozsik points to a 1975 Supreme Court decision, where the Justices ruled a defendant can represent themselves, “even if it is to their own demise.”

Dylann Roof, who is accused of killing nine people in a Charleston church on June 17^th, 2015, has been granted the right to put on a pro se defense by presiding Judge Richard Gergel, who also cautioned Roof about the gravity of the case.

“In this case,” says Pozsik, the judge has agreed to let Roof defend himself, without counsel.  Pozsik does point out that Roof’s now former attorney, David Bruck, will be allowed to provide advice to him, as “standby council.”  Bruck, a graduate of the USC School of Law, will not be allowed, according to Pozsik, to question witnesses or argue to the jury, but can be asked questions by Roof and consult in real time.  “I wouldn’t believe so,” says Pozsik when asked if pro se was the right  move on Roof’s part.  Pozsik, points out that Roof does not have any experience in the courtroom, nor to his knowledge have even a day of law school under his belt.

Pozsik refers to the case not as a “who-done-it,” but a question of the death penalty and if the “Federal Government is going to execute this young man.” This means that Roof’s strategy should be more saving himself from execution than a defense against who committed the crime.  “He will want to ask questions of the victims for forgiveness,” Pozsik says when it comes to Roof’s case, “and really direct it toward saving his life.”

Should Roof find himself over his head, he will have to ask the judge for Bruck, or another attorney to step in.  This request, however, could be denied, since Roof, in effect, waived his right in making and winning the motion for pro se.

The case will commence once the jury is selected, which could be a long process, since the pool of potential jurors is more than 500 people.

ABC Columbia will provide complete and in-depth coverage of the jury selection and trial as it progresses.

Renderings by Robert Maniscalco