Posted on 08/21/2007 2:19:31 PM PDT by SmithL
MARTINEZ -- A Superior Court judge is set to hear evidence this afternoon and decide whether convicted murderer Susan Polk must reimburse the county $219,373.31 for her trial expenses.
Polk was transferred from state prison to Superior Court this morning to contest contentions by attorneys representing Contra Costa County who say she should pay back the county for the attorneys, investigators and subpoena delivery services the county paid for.
Polk told Presiding Judge Terence Bruiniers that, although her home is on the market for $1.5 million, she is indigent and cannot afford the legal costs.
"I am disputing the contention by county counsel that I am able to pay," Polk said.
A jury convicted Polk last year of second-degree murder in the 2002 stabbing death of her husband, Felix Polk. During a three-month-long trial, she said she was defending herself against her husband when she killed him.
Although Polk acted as her own attorney at trial, between the time of her arrest and her trial, a series of lawyers represented her, including attorneys from the Public Defender's Office and private attorneys appointed by the court at the county's expense.
In cases when poor defendants cannot afford attorneys and other legal services, the county covers legal expenses by appointing a public defender or a private attorney at no cost to the defendant.
At the time that Polk requested a public defender and free legal services, the court granted her request because she had no liquid assets to pay for her legal fees. But because she will acquire cash after the sale of her house, deputy county counsel Esther Milbury said Polk has enough equity in the Orinda estate to reimburse the county.
Polk told Bruiniers said that the county's belief that she is able to pay because her house is valuable "is an unreasonable interpretation of the statute."
The law was meant to apply to people with liquid assets, she asserted.
Bruiniers set a hearing at 1:30 p.m. this afternoon for both sides to present evidence.
Polk Ping
Sentence 16 years to life. She should not profit from her crime. Surely 50% of the home would be considered her dead husband’s assets. Did husband have any other heirs? The house should be seized for payment of her debt to society.
Justice???
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