Posted on 01/20/2006 12:47:20 PM PST by SmithL
MARTINEZ -- An Orinda woman accused of killing her husband three years ago can represent herself at trial, a judge ruled today after removing her high-profile attorney from the case because of a conflict of interest.
Susan Polk, who had told Superior Court Judge Laurel Brady last week that she wanted to dump Daniel Horowitz, can indeed defend herself on charges that she killed her husband, Berkeley psychotherapist Felix Polk, the judge said.
But it was unclear after today's hearing in Martinez whether Polk, 48, will be ready for a trial scheduled to begin Jan. 31. She is charged with killing her husband in their Orinda home in October 2002 during an acrimonious divorce. She insists that she acted in self-defense.
In court today, Brady warned Polk, who previously has acted as her own attorney, to behave herself in court. The judge also told Polk that what she was doing could pose some problems.
"It is a risky way to proceed," Brady said. "It's certainly not recommended. It's your choice, and I've granted your request."
When the judge asked Polk if she would be ready for trial, she didn't answer directly but instead said she planned to file several motions, including one renewing her demand that every judge in Contra Costa County be barred from presiding over the trial.
During the hearing, Horowitz agreed that he could no longer represent Polk. Afterward, he said he accepted Brady's decision and wished Polk the best. The judge also removed his co-counsel, Ivan Golde, from the case, leaving Polk without counsel. Polk did ask for the attorneys' assistant, Valerie Harris, to continue helping her.
"I hope she can get a fair trial," Horowitz said.
(Excerpt) Read more at sfgate.com ...
I think Mark Twain said some thing like A person who is there own lawyer has a lunatic for a client." I think its true to.
Bah, good riddance to her. And she's keeping Valerie? Too funny; guess DH will still be working behind the scenes, then.
Wonder if they'll make public the "police report" Polk supposedly filed stating that DH told her things indicating he was involved in his wife Pamela Vitale's death. Would like to see how good she is at writing fiction.
That Horowitz took up her case because he was convinced she is innocent is a terrible irony.
He is bound by the law to say nothing against her under any circumstances and he won't.
Oh, I know he won't. I was just surprised that Valerie is being retained. Seems like she would've gone with DH.
IOW, she stabbed him in the back.
As opposed to where she stabbed Felix.
Someone defending themselves has a fool for a lawyer and an idiot for a client.
LoL!! That's even better! :_)
Huh?
I don't get this part either. Why?
...she planned to file several motions, including one renewing her demand that every judge in Contra Costa County be barred from presiding over the trial.
Yeah! Really weird! Thanks for the link--I missed that thread.
I hadn't been following Horowitz since shortly after the murder.
I'll have to stay tuned in closer--looks interesting (or morbid, lol).
Is this a special circumstances case?
No matter what she says about DH, he is mandated to NEVER speak against her.
I do not believe DH killed his wife but there are some truly odd things about the financing of the house. And then he has that really creepy lawyer (Golde?) speaking out in support of him and apparently is his alibi.
He borrowed the money for the new house, etc etc etc. Said he was doing someone a favor by borrowing their monoey. His finances are beyond suspect.
He was also part of a movement to legalize drugs. One has to wonder if there was a drug deal gone bad or the kid thought he could score some drugs from DH wife.......
That said, nothing he did or said in this lifetime warranted the cold blooded murder of his wife.
That trailer story is beyond strange - and it is such a trashy trailer at that. Money laundering? While some of his statements (regarding the house, finances, and other things) have shown that he is not all that smart, I do not believe he is stupid enough to reveal any involvement, if true, in his wife's murder to Polk.
He sure was laundering money, unless all his cases were pro bono, which is highly unlikely.
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.