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NewsNovember 29, 2016

CHARLESTON, S.C. -- The white man accused of fatally shooting nine black parishioners at a church was allowed Monday to act as his own attorney, opening the door to courtroom spectacles at his death-penalty trial, including Dylann Roof questioning survivors of the attack and relatives of the dead...

By MEG KINNARD and JEFFREY COLLINS ~ Associated Press
Dylann Roof
Dylann Roof

CHARLESTON, S.C. -- The white man accused of fatally shooting nine black parishioners at a church was allowed Monday to act as his own attorney, opening the door to courtroom spectacles at his death-penalty trial, including Dylann Roof questioning survivors of the attack and relatives of the dead.

Roof's decision to represent himself comes months after he offered to plead guilty in exchange for the promise of life in prison.

But federal prosecutors have refused to take the death penalty off the table in the slayings at Emanuel AME Church in Charleston. Until now, Roof has been represented by one of the nation's most respected capital defenders.

He joins a long line of high-profile defendants who acted as their own attorneys, often with poor results. Serial killer Ted Bundy, Beltway sniper John Allen Muhammed and Army Major Nidal Hasan, who killed 13 people at the Fort Hood military base in Texas, ended up with death sentences.

After firing their lawyers, Long Island Rail Road shooter Colin Ferguson was sentenced to 200 years in prison, and 9/11 conspirator Zacarias Moussaoui was sent away for life.

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Defendants who act as their own lawyers generally want to bring attention to their causes and publicize their actions. That almost always runs counter to the advice of lawyers, who urge them not to incriminate themselves.

"They think they have a message and that's unfortunately what leads to these crimes in the first place," said New York attorney Tiffany Frigenti, author of an article called "Flying Solo Without a License: The Right of Pro Se Defendants to Crash and Burn" for her law school journal.

Pro se representation also can lead to uncomfortable courtroom encounters between defendants and their victims or those victims' families if they are questioned by the person who is accused of shattering their lives.

"It can seem beneficial. Nobody believes in your cause and case more than you," Frigenti said. "But it only works that way in very rare cases -- usually appeals."

With Roof acting in his own defense, there is plentiful opportunity for explosive or awkward courtroom moments. Just hours after his arrest, some of the victims' relatives attended Roof's initial court appearance and said they forgave him and would pray for him. If he continues as his own lawyer, Roof could end up questioning those same family members in court.

In approving Roof's request to act as his own lawyer, U.S. District Judge Richard Gergel also appointed his defense team to stay on as standby counsel, available for assistance throughout the trial.

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