Suspected Killer Decides He Wants Attorney After All Less Than 48 Hours Before Trial Begins

Less than 48 hours before the start of his murder trial, Stephen Cherry decided representing himself in court might not be such a bright idea.

After thinking about it over the weekend, Cherry requested a hearing before Judge James F. Judd on Monday and rescinded his request to waive his Sixth Amendment right to an attorney. He asked to have public defender John M. Adams put back on the case.

Cherry, of Post Falls, is accused of shooting to death his ex-girlfriend Susan A. Foutz, 42, and wounding her boyfriend, Charles R. Babb, 39, last June at Foutz’ Hauser Lake home.

He attempted suicide after the shooting, but recovered and was charged with first-degree murder, attempted murder and aggravated battery.

Last Friday, Cherry insisted he wanted to defend himself in the murder trial, against the advice of his attorney and the judge. On Monday, Cherry apologized and said he had changed his mind after thinking about the judge’s advice.

“I had second thoughts,” he said.

Judd, who granted Cherry’s request, said he didn’t want to go through the process again, however. He also reminded Cherry that by allowing an attorney to handle his case, he was giving up some control over legal tactics.

“A lawyer has certain rights to control the strategy,” Judd said. “It may not be the same case as you would have presented.”

Cherry may choose to testify in his trial if he wishes, added Judd, who also handled Cherry’s Friday hearing.

After Monday’s hearing, Adams seemed pleased with his client’s change of heart.

“I think he thought through his concerns and thought that with experienced counsel his concerns will be dealt with appropriately,” Adams said.

Jury selection is scheduled to begin Wednesday.

, DataTimes