Oregon standoff defendant Jason Patrick urged the court Wednesday to allow him to represent himself in his pending federal conspiracy and weapons case without a standby counsel to help him.
U.S. District Judge Anna J. Brown, after a lengthy discussion of the risks Patrick faces, allowed him to be his own lawyer, but overruled his objection to having a standby attorney and appointed Andrew Kohlmetz to serve in that role.
Brown said she was protecting Patrick's interests.
"I don't consent to standby counsel,'' Patrick told her.
"You don't have to consent,'' Brown replied.
Patrick has pleaded not guilty to three counts of an indictment stemming from the armed occupation of the Malheur National Wildlife Refuge. He's charged with conspiracy to impede federal officers from doing their work at the refuge through intimidation, threats or force, possession of a firearm or dangerous weapon in a federal facility and using and carrying a firearm in the course of a crime of violence.
Patrick becomes the third co-defendant in the conspiracy case to represent himself. A request from a fourth defendant, Duane Ehmer, is pending.
Patrick, a 44-year-old roofer from Georgia, was arrested at a checkpoint outside the refuge on Jan. 27, a day after state police and the FBI arrested the occupation leaders during a traffic stop on the way to John Day.
The judge asked Patrick if he could abide by court directions and accept court rulings without making outbursts as he's done in her courtroom in the past.
"Do you think you're able to do that?'' she asked.
"Yes,'' Patrick answered.
"From my observations in which you've spoken out of turn in court before, you demonstrate a lack of knowledge and awareness of the rules of how a criminal proceeding goes,'' Brown said. "There's going to be rulings you don't agree with. You will not be allowed to speak out about it. That requires discipline, and it puts you at risk if you don't observe it.''
The judge referred to a Feb. 24 court hearing when Patrick, asked if he understood his constitutional rights, replied, "I understand I have no rights at all. You're the federal government. You're going to do whatever you want.''
In April, Patrick nearly was bounced out of court after he made several loud quips during a case status hearing. The judge admonished him to be quiet, but he challenged her then, saying, "I was just asking if there are going to be more violent outbursts by the judge.''
In court Wednesday, after the judge explained that a defendant's sentencing is determined partly based on the need to "promote respect for the law,'' and asked Patrick if he understood, Patrick said, "I understand respect for the law would be great for this case.''
Brown urged him to stay on track with her and not go off on a tangent.
Brown cautioned Patrick Wednesday that if he speaks out of turn or argues after she's made a ruling in court, he could be excluded from the courtroom and taken to a holding cell to watch the proceeding on video.
"I've seen you as someone who is desperate to be heard,'' Brown said, adding that she's skeptical he can act appropriately without legal counsel to guide him.
The judge asked him why he believes he's in a better position to represent himself than Kohlmetz, an experienced criminal defense lawyer who has served as his court-appointed lawyer.
"First of all, I have a vested interest,'' Patrick told the court. Kohlmetz, he added, may be afraid to bring forward some of his arguments because of his obligations to the court and his legal practice.
The judge made sure Patrick understood the potential prison sentences he could face if convicted and that he was making the decision to represent himself voluntarily.
Brown asked if Patrick was facing any physical, mental or emotional problems that could interfere with his ability to follow directions in court.
"Only the marshal that threatened my family,'' Patrick replied.
Last month, he reported that a deputy U.S. marshal had "made comments, 'my mother would be harmed''' after he was led out of court.
The judge told Patrick that she had informed the U.S. Marshal's office, which has begun an investigation.
A trial is set for Sept. 7.
-- Maxine Bernstein
mbernstein@oregonian.com
503-221-8212
@maxoregonian