Accused Killer Insists On Defending Himself Cherry Ignores Judge’s Urging To Have Attorney Represent Him

Against the advice of a judge and public defender, accused murderer Stephen A. Cherry insisted Friday on defending himself in a trial scheduled to begin Wednesday.

Cherry, 46, is accused of gunning down his ex-girlfriend, Susan A. Foutz, 42, and wounding her boyfriend Charles R. Babb, 39, last June at Foutz’s Hauser Lake home.

Cherry attempted suicide after the shooting but recovered and was charged with first-degree murder, attempted murder and aggravated battery. If convicted, he could face the death penalty.

Next week, he’ll walk into First District Court dressed in civilian clothes instead of the orange coveralls and shackles he wore Friday. He’ll have access to law books and public defender’s office resources, including the defense strategies already outlined, public defender John Adams said after Friday’s pre-trial hearing.

“Just because Steven has chosen to defend himself doesn’t mean we are going to abandon him,” said Adams, who formally objected to the development in Friday’s hearing.”We don’t punish people for being afraid. We try to comfort and give support.”

“He’s got his own honor, his own integrity and in order to keep his honor and his integrity he feels this is what he has to do.”

There are two requirements that must be filled for suspects to waive their Sixth Amendment right to an attorney. They must be deemed mentally competent and make the decision knowingly, intelligently and voluntarily, said First District Court Judge Gary Haman.

“The test does not include wisdom, and I point out to Mr. Cherry that it is not a wise choice,” Haman said.

In an unusual exchange, Haman repeatedly questioned Cherry if he understood the consequences of his decision and told him he thought the move unwise.

Haman explained some potential risks, like how Cherry could inadvertently waive technical issues that might benefit him, how he might accidentally waive rights by not raising objections when necessary, that if found guilty he could face the death penalty. But Cherry persisted.

“I really have no choice now. I’m not turning back,” Cherry said. “I just hope I can get out of here in time to start working on it.”

When Haman suggested postponing the trial until July to give Cherry a month to prepare, Cherry objected and said he wanted it to start as soon as possible. He said his elderly father and stepmother, both of whom are ill, began a five-day drive from Kentucky this week to attend the trial.

“Now we are finally deciding to go to court and they are going to be 2,500 miles away from home and have to turn around and come back,” Cherry said. “If he has to go to his death bed, he wants to state his feelings in this trial.

“I will take the chances … just for the sake of my parents and their age and their health. It’s real important that we go on with this while they are here.”

Haman urged Cherry to take advantage of additional preparatory time but hesitantly agreed to a Wednesday start date.

“This is not traffic tickets we’re talking about here,” Haman said.

The prosecution had agreed not to ask potential jurors about their opinions on the death penalty, but Cherry objected.

“I think they should be aware that this is a death penalty case, which it is. It’s capital punishment.”

Prosecutors, who will begin working directly with Cherry on legal matters, called the situation “highly unusual.” But Cherry’s lack of legal experience and the fact that he’s representing himself won’t change how the prosecution approaches the case, said Deputy Prosecutor Lansing L. Haynes.

“This is kind of uncharted territory for me,” Haynes said. “But the same rules apply, the same sort of ethical standards apply. Our jobs as prosecutors is not to secure convictions but to make sure justice is done.”

, DataTimes