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Court rules against man who assaulted his attorney in court

by Elizabeth Stawicki, Minnesota Public Radio
May 13, 2008

The Minnesota Court of Appeals has ruled a defendant who assaulted his public defender forfeited his constitutional right to an attorney. The ruling stems from a St. Louis County man who beat up his attorney in open court.

St. Paul, Minn. — In July 2006, William Lehman was standing trial on charges he assaulted two men with a knife. After the state rested its case, Lehman asked for a new public defender. The judge refused.

Lehman then attacked his attorney. He wrestled him to the floor and punched him repeatedly in the face. Court documents say blood covered the counsel table and courtroom floor.

After a four-hour break, the trial resumed and Lehman again asked for a new lawyer, saying he was incapable of representing himself. The judge denied Lehman's request and read several cases supporting the forfeiture.

Here's a portion of the transcript of the trial.

LEHMAN: Well, after what you have read, it seems to me most of them cases require repeated disruptions. That's one disruption.

JUDGE: I understand your position, and the one disruption was sufficient to cause the forfeiture based upon the vicious attack that you chose to engage in here against your attorney this morning.

LEHMAN: Aren't we assuming guilt there? Don't I have a right to a trial on that attack?

JUDGE: Ultimately you will, if there is charges filed, but you did commit the offense in the presence of the Court.

Lehman appealed the judge's decision on grounds that the Constitution's Sixth Amendment guarantees him the right to court-appointed counsel.

The Appeals Court disagreed. It said while the issue is one of first impression in Minnesota, other state and federal courts have said defendants forfeit the right to an attorney when they engage in serious misconduct.

The panel said it was "aware that forfeiting a defendant's right to court-appointed counsel is an extreme sanction. But the outrageous and manipulative conduct of appellant in this instance justified the district court's decisions."

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