[Deathpenalty]death penalty news --- CALIF.

[Joerg Sommer]

death penalty news

July 9, 2004


CALIFORNIA:

Scanlan seeks self-represention in death penalty trial

Confessed killer Seti Scanlan wants to act as his own attorney when his 
second death-penalty trial begins in September.

The outspoken, unpredictable 26-year-old tried to fire his lawyers during 
his first trial, but Judge Robert Foiles denied his request.

Scanlan stands a much better chance of representing himself the second time 
around.

"He has the right to defend himself, and, unless there's a change in mental 
state, he can," said Chief Deputy District Attorney Steve Wagstaffe, who is 
prosecuting the case.

Scanlan pleaded guilty to murder and a host of other violent felonies, and 
his trial was held solely to determine whether he should spend the rest of 
his life in prison or get the death penalty. Scanlan says he wants to die 
to atone for killing bank manager Alice Martel in a 2002 robbery.

But after deliberating for days, three jurors held out against nine that 
wanted to send him to death row, prompting the judge to declare a mistrial.

During that trial, Scanlan said he wanted to act as his own attorney to 
speed things up and to spare his family the sorrow of having to testify. 
But the judge said it was too late in the game for Scanlan to dismiss his 
attorneys.

The state's Supreme Court briefly halted the case, but then allowed Foiles' 
decision to stand.

This time around, Scanlan has made his request while the judge is still 
scheduling the second trial.

"He can do what he wants," said Cliff Cretan, one of two attorneys who 
stood by Scanlan during the rollercoaster ride of his first trial.

Asked whether he would miss participating in the high-profile case, Cretan 
said, "I have mixed feelings. This is not something that's fun."

"We get along very well," Cretan said. "His only problem with us is that we 
want to do this the proper way. If there has to be a trial, we want it to 
be a proper one."

Foiles is scheduled to rule on Scanlan's request Tuesday at

9 a.m.

Since Scanlan has been deemed mentally competent to stand trial, it could 
be difficult for Foiles to deny him the constitutional right to 
self-representation in a criminal trial.

But Foiles could reject the request on the grounds that Scanlan, acting as 
his own lawyer, would likely disrupt or unduly delay the trial. During his 
first trial, Scanlan was tackled by deputies when he tried to hug his 
girlfriend, and cussed out bailiffs and the district attorney.

Though he is mostly cooperative on the stand, he can be unpredictable 
behind the scenes.

How much weight the judge gives to that will likely determine his ruling.

(source: San Mateo County Times)