Robbery suspect acts as own lawyer

Inside the Albemarle-Charlottesville Regional Jail, Robert Alan Morrison has been doing research in the law library and writing out motions by longhand to file on his own behalf.

The Boston native, who was indicted June 16 on a robbery charge, is acting as his own lawyer in Charlottesville Circuit Court. Morrison signed a written waiver of counsel in court Friday, and will return Tuesday for a hearing on his motions.

“My life is on the line here, I understand that,” Morrison said. “Pretty much, this is it. I think I can probably defend myself better than any other person.”

Morrison was charged in the April 1 robbery at the Bank of America at University Avenue and Chancellor Street. If convicted, he will face a mandatory life sentence under the three-strikes law. By choosing to represent himself, he will lose his right to appeal based on inadequate representation.

Public defender James Hingeley said it’s “very unusual” for defendants to act pro se in the local criminal courts.

“I think people recognize the importance of having a lawyer to help them with the case,” Hingeley said.

Morrison previously had been assigned a public defender, but Assistant Commonwealth’s Attorney Elizabeth Killeen said he requested to represent himself June 12 for a preliminary hearing in Charlottesville General District Court. Circuit Judge Edward L. Hogshire told Morrison on Friday that he still had the option of getting another attorney or having a lawyer assist him in his defense, but he said he’d resist any such help.

Tim Eckley, the staff attorney for the American Judicature Society, said pro se representation has gained popularity.

“Part of that is consistent with the self-help society that has developed over the last couple of decades,” Eckley said.

Eckley said anecdotal evidence shows that most pro se litigants are poor, have a high school education, are women, are young adults and are appearing in court for the first time. People are much more likely to represent themselves for civil cases than for criminal cases.

Online resources are available for people who want to represent themselves, but Eckley said that information focuses more on civil matters.

Morrison said he has had difficulty handling his case while incarcerated, explaining that he was unable to make copies of his motions and still doesn’t know his case number. Jail Superintendent Col. Ronald Matthews said inmates aren’t given any additional assistance or freedoms in the jail if they are representing themselves. Inmates are allowed to buy pens and paper from the canteen, sign up for visits to the law library and pay to have copies made.

Furthermore, Killeen said, pro se defendants aren’t able to view open files in the prosecutor’s office. Conversations between a pro se defendant and a prosecutor also are different than those between a defense attorney and a prosecutor, Hingeley added.

“One of the things a lawyer can do in helping someone with their case is talk knowledgeably with the prosecutor and an unrepresented defendant can’t do that,” Hingeley said. “A lot of what the lawyer does is based on skill and experience and training, and an unrepresented party doesn’t have that.”

If a pro se defendant who signed a counsel waiver changes his mind later about an attorney, Hingeley said the judge would make the decision whether he would get a lawyer.