The man shot in an altercation with a university police officer
Oct. 5 in Kerckhoff Hall decided last week to represent himself in
the case set to go to trial within the next two months.
Police say transient Willie Davis Frazier Jr., 52, was
trespassing in the second floor Kerckhoff Hall study lounge when he
was confronted by university police officer Terrence Duren. A
physical confrontation ensued and Duren, reportedly in fear for his
life, shot Frazier.
Frazier, who pled not guilty to two charges of assault and one
count of removing an officer’s weapon, said his public
defender, John Raphling, had not complied with some of his requests
and that he thought he could do a better job as his own
attorney.
Attorneys for both the prosecution and defense say
self-representation is generally a misstep.
“Most “˜pro per’ (those who are
self-represented) generally do not have the legal knowledge to
represent themselves,” said Deputy District Attorney Frank
Tavelman, the lead attorney for the prosecution.
Raphling echoed those statements.
“What’s frustrating mostly is it’s generally a
bad idea to represent yourself,” Raphling said. “Even
the smartest person in the world is going to have a tough time
representing himself.”
Raphling, who is in the process of turning over evidence, data
and other information he has collected to Frazier, said
self-representation makes the trial an uphill battle.
Originally, Frazier’s trial was supposed to have begun
within 10 days of March 30, but it will now begin within 30 days of
that same date.
Tavelman said the development does not change the strategy of
his case, and Raphling said he would be happy to return to the case
if asked.
“If (Frazier) realizes that he’s in over his head,
… he can always request that the court appoint a lawyer, and I
would be reappointed,” Raphling said.
Both Raphling and Tavelman said that while the occurrence is not
common, it is not completely out of the ordinary for clients to
request they represent themselves.
“I’m very hopeful that Mr. Frazier will figure it
out and do a good job,” Raphling said, adding that regardless
of who represents Frazier, he is an innocent man.
“If he gets convicted, … it’ll be an
injustice,” Raphling said.