Fool for a client?
Mentally competent -- but not to be his own lawyer.
Abraham Lincoln is said to have remarked that "a man who represents himself has a fool for a client."
That may be true but the U.S. Supreme Court and the criminal court system allows -– with a judge's approval – a person accused of a crime to defend themselves at trial. For a judge, however, determining whether a criminal defendant is a "fool" or is competent to act as their own lawyer, is not an easy call.
Consider Keenan McIntosh, 24, charged with shooting to death his mother Patrice McIntosh, 50, during an incident in their Logan home on Dec. 29, 2013. For much of the time since his arrest, McIntosh's mental health and ability to understand his situation and cooperate with his lawyers has been an open question.
In September 2014, he was formally declared mentally incompetent to proceed to trial and transferred to Norristown State Hospital's forensic unit for continuing evaluation and treatment. There he stayed, at times refusing to cooperate with psychiatric evaluations or his lawyers. His commitment was reviewed and extended every 60 days.
In February, psychiatrists decided McIntosh was now mentally competent to assist in his defense but McIntosh was now firm in his demand to act as his own lawyer. So veteran public defenders Stephen Gross and Geoffrey Kilroy, members of the Defender Association's special homicide unit, called in Clarence Watson, a forensic psychiatrist, for a new evaluation of McIntosh.
McIntosh, his lawyers and Assistant District Attorney Brett Furber were in court Wednesday for a status hearing before Philadelphia Common Pleas Court Judge Lillian Ransom. The judge announced the conclusion of Watson's evaluation: McIntosh was competent to be tried for his mother's slaying but not competent to represent himself.
Watson was needed for the professional opinion on mental competence. But anybody could see that McIntosh was not happy.
"I know what's going on," he told Ransom. "Why am I still at the hospital? If I'm competent, why am I not back in the jail?"
McIntosh then told Ransom he wanted to be his own lawyer: "I am not going to trial with the public defenders."
Contrary to the stereotype, Philadelphia's homicide defenders are considered among the best in the business; they only defend homicides involving indigent defendants. Ransom tried to explain that to McIntosh, and assure him that he could still make key decisions in his defense, but he was not listening.
"They already got their minds made up about what they want me to do," McIntosh continued. "It's my life. It's not their life and it's not another lawyer's life."
Ransom told McIntosh that the "conversation is over" and ruled that he could not represent himself. And oh, you'll stay at Norristown State Hospital undergoing continuing evaluation and treatment.
McIntosh said nothing as he was escorted from the courtroom.
Coincidentally, McIntosh's hearing came the same week Ryan Duboise, 27, of Kensington, defended himself in his jury trial for murder in the April 2, 2014 slaying of girlfriend Monet Hall, 26.
Duboise will be back for sentencing on June 27.