By Dorrin Akbari
SACRAMENTO – Defendant Tracy Wilson, citing her background as a law student, was adamant that she wanted to represent herself despite Sacramento County Superior Court Judge Scott L. Tedmon’s repeated warnings this week that to do so would be to her detriment.
In fact, the judge cautioned Wilson at least five times.
Answering to a charge of one count of battery against a person with a previous dating relationship, Wilson asserted, “If I want to practice law, I should be able to represent myself.”
Deputy District Attorney Jenna Saavedra looked on in silence as the defendant and the judge entered into a discussion about the soundness of the defendant’s decision.
“You understand that Miss Saavedra and the other district attorneys are experienced, effective, excellent prosecutors that you’re going to have to represent yourself against?” remarked Judge Tedmon.
“Yes, I understand their expertise,” Wilson responded calmly.
Following up on his initial comment, Judge Tedmon noted, “It’s one thing to practice law. It’s another to represent yourself. Those are two different matters. I’d discourage you from doing so…I can tell you that before I took the bench, I was a defense attorney for 35 years, and I’ve never found it advantageous for a person to represent themselves.”
“I respect your experience and advice…but I choose to represent myself,” said the defendant.
After a brief pause, Judge Tedmon searched for a list of advisements he is obligated to read to the defendant in light of her choice to self-represent. With a final, concerned look at Wilson, Tedmon begins his reading:
“I will ask you one final time if this is what you want to do. You’re looking at up to one year in county jail if you’re found guilty. The court cannot help you or grant you any special treatment. You must comply with all the rules of criminal procedure and evidence just as an attorney must. If you are convicted, you cannot appeal based on the claim that you’re not competent to represent yourself.”
Taking a break from enumerating his advisements, Judge Tedmon looked up at the defendant to ask her a question. “You’ve indicated that you’re a law student. Do you have any other legal background, training, or experience in representing yourself or in the law in general?”
“I have. I represented myself in family court several times and found that I was able to be competent to represent myself. I have won my cases at that level,” noted Wilson, drawing a look of mild surprise from Judge Tedmon.
Focusing his attention back to his goal of convincing the defendant to utilize the counsel available to her, Judge Tedmon countered, “You understand that this is a criminal case certainly, and it’s different from family law?”
“Absolutely,” she said.
“All right…You acknowledge the court’s advisements and you still want to represent yourself?”
“Correct,” acknowledged Wilson yet again.
Several moments passed in silence following the defendant’s latest confirmation of her decision to self-represent. Judge Tedmon nonchalantly reviewed paperwork before turning his attention back to Wilson.
“All right Miss Wilson, I just want to make sure it’s clear that I give you the full, possible penalties. It’s one year in the county jail, a fine of $2,000, or both. There could also be additional fines and fees and assessments if convicted. Additionally, if convicted, it carries a 10-year firearms restriction. Do you understand each of those consequences?”
“I do, your Honor,” Wilson said.
“And you want to proceed to represent yourself?” the judge asked—yet again.
“Correct,” said the defendant for the fifth and final time.
Satisfied that he had done all that he could to warn the defendant, Judge Tedmon moved forward with her decision to self-represent, presenting her with the waiver that she’s required to sign to do so.
Having finally had her choice accepted by the court, Wilson asked that she receive discovery, noting that she has “no clue what the complaint is and…no idea how to mount a defense if [she] has no discovery.”
Judge Tedmon granted her request, and, speaking for the first time during the hearing, DDA Saavedra interjected to ensure that Wilson be put into contact with the self-represented coordinator that will work with her to send the requested discovery.
Wilson will appear on behalf of herself on March 8 for further proceedings.
Dorrin Akbari graduated from UC Berkeley in 2019 with a B.A. in Legal Studies and a minor in Persian. She is from San Jose, CA.
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