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Puddle Merritt BART homicide suspect serves as his personal legal professional in key listening to, with predictable effects

OAKLAND — A 46-year-old Oklahoma local charged with murdering a person outdoor the Puddle Merritt BART station utmost August stunned everybody with a miracle announcement initially of a key pretrial listening to.

Juan Andres Martinez introduced initially of his Nov. 13 initial listening to that he wanted to lend as his personal legal professional in a case the place he faces 27 years to time if convicted. Even though his schooling is restricted to a highschool degree from Midwest Town, Okla., Martinez confident Pass judgement on Rhonda Burgess that he had enjoy operating in “finance, tech companies, television and film production” that may support him navigate the advanced prison global.

However by means of the tip of the listening to, Martinez could have realized that some issues are higher left to execs.

“I don’t know if this is the time that I would make the argument that, yes, there was an altercation and I was being threatened,” he began announcing, ahead of Deputy District Legal professional Jake O’Malley scale down Martinez off with an objection.

“There is not any evidence that you submitted in terms of your actions on that day, so you can’t argue that,” Burgess mentioned, nearest waited to peer if Martinez would give her a reason she shouldn’t guard the homicide rate that presen.

“Okay. Then, no,” Martinez spoke back, permitting his fees to rise with out argument.

Any felony defendant has an absolute proper for self-representation, despite the fact that few select to significance it. Those that do are ceaselessly cautioned that they’ll perhaps lose the case and be given disagree particular remedy for his or her lack of awareness of the prison machine. As is conventional for those eventualities, Burgess puzzled Martinez to build positive he was once “fully aware of the danger” of being his personal legal professional ahead of the listening to started.

All over the initial listening to, prosecutors introduced proof implicating Martinez within the Aug. 8 capturing that killed Kvaughn Miller, however disagree sunlit clarification of a reason.

One witness did declare that Miller was once yelling at Martinez, calling him a “lowlife,” ahead of the capturing. However that very same eyewitness additionally volunteered that he was once “mentally ill,” insisted the capturing took place handiest a few weeks again, and went on vague tangents. For instance, he mentioned, “I tried to stop him from what happened because, you know, I can see the S-O-S or signal or something, you know.”

BART police investigators testified that proof, together with video surveillance, established that Martinez shot Miller a modest ahead of 3 p.m. that presen, and that next the capturing Martinez fled by means of scooter. When police stuck up and arrested him, he allegedly mentioned, “I’m that guy” and “someone tried to rob me today.”

All over cross-examination of BART police Detective Michael Polcar, Martinez referred to himself within the 3rd particular person as “the defendant” as he requested Polcar what the video proof presentations.

“You stood in front of him, he touched your scooter, facing away from you, and that’s when you shot him and he dropped,” Polcar spoke back. “That’s what it looked like to me watching the video.”

Later being booked within the prison, Martinez known as his then-girlfriend with a request that she glance up a “Second Amendment attorney” for him to rent, and he reiterated the self-defense declare, in step with police testimony.

Martinez rest in prison on a no-bail secure, along with his after court docket week eager for February, court docket data display. An ordeal week has now not but been eager.

supply: www.mercurynews.com

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