Posted on 07/06/2006 10:35:02 AM PDT by SmithL
MARTINEZ -- Convicted murderer Susan Polk returned to court with an attorney today and immediately delayed her sentencing for next week on the grounds that she wants a new trial in the killing of her husband.
Contra Costa County sheriff's deputies escorted a handcuffed Polk, 48, into a Martinez courtroom, where she was greeted by attorney Charles Hoehn.
Hoehn told Superior Court Judge Terence Bruiniers that Polk wanted to delay her sentencing, which had been scheduled for July 14.
On June 16, a jury convicted Polk of second-degree murder in the October 2002 slaying of her husband, Felix Polk, 70, at their Orinda home. Polk had served as her own attorney during the trial and claimed that she stabbed him in self-defense.
Today, Hoehn requested transcripts from the three-month trial and discovery, or all evidence relating to the case. Bruiniers told the attorney to check with Judge Laurel Brady, who had presided over the trial and was out of town this week, to see if that request was feasible.
"Given the length of the trial, it's probably not practical," Bruiniers said.
The judge agreed to postpone further proceedings until Aug. 11.
Outside court, Hoehn said the county appointed him to be Polk's attorney because of a possible conflict with the public defender and alternate defender's offices. Hoehn acknowledged that it would "take a while" to get up to speed before he would move for a new trial.
Hoehn said he didn't believe Polk received a fair trial and that she should have been represented by an attorney. "It boggles the mind," he said, that Polk served as both the defendant and the lawyer with a "vigorous" prosecutor on the other side.
"It was distressing for me to see her represent herself in a case of such significance,"
(Excerpt) Read more at sfgate.com ...
Looks like she's a little late in getting a new attorney.
Everything this woman does boggles the mind.
Polk is permitted to represent herself --> She loses --> "Manifestly Unfair"
ORINDA - A Superior Court judge postponed the sentencing for convicted killer Susan Polk this morning after an attorney who tentatively agreed to represent her said he hopes to move for a new trial.
"I anticipate that I'll be able to (represent her) if all falls into place," said attorney Charlie Hoehn, who represented quintuple murderer Justin Helzer in 2004.
A jury in June convicted Polk, 48, of second degree murder for killing her husband, 70-year-old Felix Polk in 2002.
Hoehn told Judge Terence Bruiniers he will represent the Orinda housewife if he can get a copy of the trial transcript. Judge Laurel Brady, who presided over Polk's trial, has already declined a request for the transcript, Bruiniers responded.
Hoehn must make his request directly to Brady. Polk whispered occasionally to her new attorney during the 10-minute proceeding. After the hearing, Hoehn told a group of reporters Polk should not have acted as her own lawyer at trial.
"It was distressing to me to see her represent herself," he said.
Polk is set to appear in court with Hoehn on Aug. 11 to set a new date for further motions and sentencing.
She's crazy like a fox!
She's late ... on purpose. It worked ... so far.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.