Homicide Charges and Self-Defense

My question involves criminal law for the state of: California

Hello,

I'll start by apologizing for this not being a simple yes or no question. This might take a few minutes to go over but it's a very serious problem. I could really use some advise on and I don't know where else to turn, so I am hoping someone knowledgeable can help me please.

My brother was involved in a case recently being tried as one homicide and one attempted homicide against 2 different individuals. The details available to the public can be found at http://www.amw.com/fugitives/case.cfm?id=76596

However, he totally feels that his actions were undoubtedly self-defense and this media coverage is an outrageous fabrication of the truth. The comments made on the news article on this link prove these other guys were very dangerous and he had every reason to fear for his life. http://www.tracypress.com/view/full_...red-in-Oakland

He feels that the public defender isn't doing near enough to fight for his side. One witness for the prosecution even purged himself on the stand against documented proof and nothing was said in his defense about it. He feels several key elements were overlooked during his preliminary trial. So, the main question I have is about Pro Per. Can he even go for a Pro Per defense in this case? Should he even try it? He would be using legal advice through sites such as this.

If perhaps an attorney IS needed, maybe someone knows a pro-Bono lawyer who would be interested in a case of this notoriety? Or, perhaps one who is affordable?

There should be plenty of time still for a good defense to be established. After Preliminary, he entered a new plea of Not Guilty and waived time 10&60 again.

He would just like better representation and strongly feels that the current defense is very weak. We don't know what else to do. He is 33 years old and has much of his life left ahead of him. He isn't trying to get off completely. He knows some time is going to come from this due to other charges. They include Felon in Possession of a Firearm, Possession of Marijuana and thanks to his awesome public defender, a new charge of Cultivation of Marijuana added during preliminary. This was added even after a witness already admitted that he had his Medical Marijuana prescription from a doctor and the cultivation in the house was his. As you can see, any advise from someone would be more helpful than what we have going now.

I am leaving this message on as many legal sites as it takes until someone can respond with a good answer. PLEASE EMAIL me if you can at jamesf@pacbell.net.

Thank you so very much for reading this far if you have. Your time and knowledge is greatly appreciated!

A layman trying to be their own lawyer on a homicide case is an absolute fool, no offense to your brother. If he feels his current PD is not properly representing him, he should contact the supervisor for assistance. He can contact any local legal aid offices for outside assistance, although there are no guarantees. Incidentally, there is a chance your postings on the matter will be found by the prosecution so be very careful what you say here. That whole thing about not identifying yourself when you post is there for a reason.

Also, lets be honest. If inviting someone over, then taking them into the basement to put the squeeze on them, while possessing a firearm, does not indicate premeditated and potentially nefarious intent, I don't know what does. One can easily mentally fill in the blanks as the cornered visitor, feeling threatened by the firearm and situation, attempts to overcome his theoretical assailant and is shot dead in the process. That is my dime novel interpretation of course.

If your brother doesn't want to proceed with a court-appointed lawyer, he can try to get his family to come up with the $25,000 or more it will take to retain a private lawyer for a homicide case.

He can also contact every lawyer in the country to ask if they will represent him for free. I don't see any compelling reason why they would.

A preliminary exam is a probable cause hearing, not a trial.

I suspect that self-representation will turn out to be a fast track to life without parole.

First of all, in light of what free9man mentioned, may I ask that a moderator remove the email listed in my previous post if possible, please?

Ok, well it sounds like that is what I needed to know. I do greatly appreciate your time in responding. Thank you!

$25000 is definitely going to be too much for any of us. Even if we wanted to, we couldn't come up with that kind of money. Perhaps he can contact some legal aid offices for now... if things just are not looking good as time goes on, then he can speak to the PD's supervisor.

I will pass this information on to him. Thanks again for your help.

Legal aid offices assist with civil matters. Public defenders offices assist with criminal matters - and he has one helping him right now.