Jailed man invokes self defense

By Tasha Kates

Published: July 11, 2008

Robert Alan Morrison has already put himself in front of a jury.

“I’ve already run the trial through my mind several times,” said Morrison, who is detained at the Albemarle-Charlottesville Regional Jail. “I think I’m going to be OK.”

For the past month, Morrison has represented himself on a robbery charge. Since he took over his own defense during a preliminary hearing June 12, Morrison has insisted that he wants to invoke his constitutional right to represent himself.

Morrison, 48, said he ended up in Charlottesville on his way back home to Boston. He was charged with robbery in connection with an April 1 incident at the Bank of America on the Corner.

Although Morrison said he was told he would face up to 20 years if convicted of unarmed robbery, he actually is facing a mandatory life sentence under the state’s three strikes law.

This is the first time Morrison has represented himself in court, although his “terrible criminal history” has afforded him opportunities to watch cases go through court firsthand.

Spur of the moment

Morrison said he made the decision on the spur of the moment when he learned how much time he would face if convicted.

“I didn’t have much confidence in the attorney,” said Morrison, referencing the public defender he was originally assigned. “I decided at that moment that I couldn’t have this man represent me.”

Morrison said he wouldn’t mind having the help of an attorney, but he doesn’t have money to hire his own and doesn’t trust any of the attorneys whom the court might appoint. His motive for rejecting legal assistance is a common reason why some defendants act pro se, according to Anne Coughlin, the O.M. Vicars Professor of Law and Barron F. Black Research Professor at the University of Virginia law school.

“Sometimes a defendant might be making a political statement,” Coughlin said. “He might be expressing a distaste for the bar generally, or he might not trust appointed counsel because he might view appointed counsel as somehow aligned with the state as opposed to his own interests.”

Options open

During his appearances in Albemarle courts, Morrison has been apprised of his rights and given options for attorney assistance. Morrison said he has been assigned standby counsel just in case he changes his mind.

“My belief is that they want to do it right,” Morrison said, “… to make sure my constitutional rights are being met so they can send me away for the rest of my life.”

Dave Chapman, the Charlottesville commonwealth’s attorney, declined to comment for this story because his office doesn’t typically comment on cases without a law enforcement or public policy reason to do so.

Coughlin said it is unusual for people to represent themselves in a criminal case because of the complicated nature of the law

“It makes just about everyone involved in the process really worry about the potential outcome,” Coughlin said. “At the same time, we have a commitment to individualism, to allowing people to make an autonomous decision. If someone decides that they prefer to go it alone, then we let them do that. But boy, is it tough.”

Making preparations

Morrison is doing the legwork to prepare for a trial. He makes regular visits to the jail’s law library, writes motions out by hand and gets copies as needed with help from the jail staff. When he returns to court on Monday, Morrison said he plans to discuss getting measurements taken at the bank to assist in his defense.

Both he and Elizabeth Killeen, the assistant commonwealth’s attorney handling the case, have been filing motions to outline where and how Morrison can view evidence gathered in the case.

In one motion filed with the city’s circuit clerk, Killeen writes that she wants to avoid interacting with Morrison outside of the courtroom just in case something he says causes her to become a witness in the case.

Although he said he knows the stakes he’s facing, Morrison said he’d prefer to lead himself through a jury trial that will decide where he spends the rest of his life.

“Even if I get a life sentence, if it’s any consolation at all, at least I didn’t hold my phony baloney attorney’s hand and I wasn’t led to the slaughter,” Morrison said.

He is scheduled to appear Monday in court to discuss motions.