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)
