What’s Behind Murder Suspects Defending Themselves

It’s one of the most basic rights protected in the Constitution and it appears to be in popularity here in the Coachella Valley. It’s the right to defend yourself in criminal court. Several high-profile defendants in the Indio Jail are exercising the right.

“Pro Per” or Propria Persona, which means “by one’s self” in Latin, is a right protected in the 6th and 14th Amendments. It allows a defendant to represent him or herself in criminal court.

“You’re going to have to follow the same rules as an attorney would,” said Judge James Hawkins, who is required to read the statement to a defendant wanting to exercise the right. “You should be aware that self representation is almost always unwise. You might provide a defense that’s to your own detriment.”

In court Friday, 51 year-old David Reed was prepared to tell Judge James Hawkins he wanted to represent himself in his first-degree murder trial. After hearing the warning from the judge, he asked to withdraw his request. Local defense attorney John Pactrick Dolan will continue to defend Reed. After Reed’s court hearing, Dolan said, “Thinking about it as he sat there he didn’t want to take on the responsibility of his own representation.”

Palm Springs police say Reed killed Ricky Mosely on March 9, 2004, in Palm Springs. Mosley’s family was in court for Friday’s hearing.

Mosely’s brother Virgil Mosley said, “We want justice, regardless of who defends him, if he murdered he should get what he deserves.”

Daniel Garcia sits in cell 17-5 at the Indio Jail. Kausal Niroula is in 17-4. They spend much of the day planning their own defense.

The two are accused of killing Clifford Lambert with the help of three others.

Cameron Quinn, who used to be Garcia’s attorney, said, “They are able to get cases on the computer some of them have been in the system for awhile they know quite a bit there’s not questions about that.”

Daniel Garcia, Niroula and Joseph Duncan all representing themselves have requested laptops in order to prepare their defenses, citing a lack of access to evidence. All were denied for jail security reasons.

Pro Per defendants are still allowed to have their own budget for investigators and even legal council. They are not, however, allowed to appeal guilty verdicts citing their own defense mishaps.