By Peter Eibert
SACRAMENTO, CA – Gary Allen refused Judge Patrick Marlette’s advice to “stop talking” in Sacramento County Superior Court Monday while Judge Marlette attempted to set a date for a preliminary hearing.
Allen tried to defend himself in an initially disruptive manner despite his lawyer’s pleas, prompting Judge Marlette to suggest that Allen would “hear the rest of all [his] cases on the baby monitor” if he didn’t “behave [him]self.”
Allen, a homeless man from Folsom, was charged with premediated murder for allegedly stabbing another homeless man to death in May.
The arraignment progressed contentiously as a multitude of issues arose.
First, Allen initially refused to have the arraignment conducted over Zoom. However, despite some back and forth between himself and Judge Marlette, he agreed.
Second, Allen claimed that his rights to “a speedy trial and due process” were violated, stating that his case had been “put on the back-burner.”
Third, Allen believed that the police report was incomplete, as it was “missing five pages.” He also lamented that there were “no investigations done” into the alleged crime and that he’s seen “no videos” of it.
Allen thought the incomplete police report was particularly critical to his defense of himself. He believed that the entire police report held “enough exculpatory evidence” to exonerate him.
Despite Judge Marlette’s and his lawyers’ warnings against defending himself, Allen continued, nevertheless. He considered himself “pretty intelligent,” and thus “confident with [himself] to be able to address this court.”
Allen further declared that through his “few times” researching case law in the jail’s law library that the charges against him were “trumped-up.”
A baffled Judge Marlette continued to advise Allen to be quiet “so that you don’t get yourself in trouble and run into some kind of weird law that could make you more guilty.”
Judge Marlette proceeded to recommend to Allen that he discuss his concerns with his defense attorney, Keith Staten—Attorney Jennifer Schieck stood in for him Monday. Schieck echoed Judge Marlette’s recommendation.
However, Allen responded by complaining about only having “seen a lawyer two times in the last 90 days since being in custody.”
Judge Marlette reminded Allen that he should discuss such matters in private with his defense attorney, and that his attorney had an “ethical, legal duty” to bring any of his complaints to the court.
Ultimately, Judge Marlette set the preliminary for Sept. 7 at 8:30 am in Sacramento County Superior Court, Dept. 9.