Louisiana: Judge: Angola inmate can defend self

ST. FRANCISVILLE, La. (AP) -- The judge in the Jeffrey Cameron Clark murder trial ruled that the 50-year-old Angola inmate has the right to represent himself. Clark is one of five prisoners accused of first-degree murder in the Dec. 28, 1999, slaying of security Capt. David Knapps, 49, during an escape attempt at Louisiana State Penitentiary's Camp D. The case has been hit with numerous delays, including a mistrial in the first attempt to try Clark last year. Retired Orleans Parish Judge Jerome M. Winsberg questioned Clark at length to determine if Clark understands the implications of acting as his own attorney in a trial in which prosecutors are seeking the death penalty. Winsberg also advised Clark he should allow court-appointed attorneys Tommy Damico and Joe Lotwick to handle his defense, but noted that Clark has the constitutional right to act as his own lawyer. Although he granted the motion, Winsberg continued the appointment of Damico and Lotwick as co-counsel. Clark told the judge he has no questions about the attorneys' competence or commitment to his defense. He said he has studied the law by reading law books and court rulings and by helping other inmates with post-conviction filings. "We have a divergence of philosophies" on the best way to defend against the charge, Clark told the judge, differences that were discussed with Winsberg outside the courtroom. Although he said he was not asking to represent himself to delay the trial, Clark's first move as his own attorney was to introduce a motion to remove the "Angola 5 prosecution team" from the case. Winsberg denied the motion. Clark said prosecutors Tommy Block and Mike Futrell of Jefferson Parish and Hugo Holland and Lea Hall of Caddo Parish now have a personal interest in trying him since he filed a federal civil rights suit against the four and several Angola prison officials last week. Questionnaires were to be given to potential jurors Thursday in Covington, and jury selection is tentatively set for Tuesday. The trial will be held in St. Francisville. The federal suit, made available to the public Tuesday, claims Angola Warden Burl Cain and other prison officials violated his civil rights by recording telephone calls to his lawyers. Block, the lead prosecutor, announced earlier this year that transcripts of conversations show that some of Clark's calls to his attorneys were recorded. He said he turned over the transcripts of Angola 5 prisoners' calls to former Assistant U.S. Attorney Al Winters and "a clean team" of outsiders to determine if they contained any privileged material. Clark said Block's explanation misses the point because Block had a duty to report what Clark terms "violations" to the proper authorities. In asking Winsberg to dismiss the motion, Hall said prison officials are not violating the law by recording inmate phone conversations and steps were taken to avoid violating the attorney-client privilege. Clark will wear a "stun belt" under his outer clothing, and Winsberg said he could order Clark to be shackled or to remain seated at the defense table during jury selection and the trial. The judge added that Clark will not receive special treatment because he is representing himself and he cannot seek a new trial, if convicted, on the grounds that he had ineffective counsel. Clark is serving a life sentence for first-degree murder in the October 1984 shooting death of Andrew Cheswick, an assistant manager of an Airline Highway lounge. Published: Fri, Apr 29, 2011