Was the trial judge's refusal to allow Tennis to proceed pro se without specifically ruling on his request appropriate under Indiana v. Edwards (2008)?
Gabby Tennis, 19, was convicted for first-degree murder in the 2003 killing of 91 year-old Albert Vassella. His codefendant and girlfriend, Sophia Adams, 16, pled guilty to second-degree murder and testified against Tennis at trial. Tennis was sentenced to death. The motive was money to pay Liza Boltos, Sophia Adams's mother, for the "right" to marry Sophia. Tennis claims that he was in Vasella's house but did not murder him. Liza Boltos had been a house cleaner for Vassella. Tennis made two requests to represent himself. In April 2005, Tennis filed a motion to dismiss counsel, alleging that counsel failed to "perfect a defense," ignored Tennis's attempts to contact him, and refused to investigate Liza Boltos's participation in the murder. At a hearing the judge denied the motion to dismiss counsel. In June 2005 Tennis filed another motion to dismiss counsel, alleging a conflict of interest with his counsel and that counsel failed to prepare for trial. In a hearing the trial court asked Tennis for substantiation. Tennis referred to an out-of-court verbal confrontations between his family and counsel. Tennis stated, "I refuse to go to trial with him. I would like to go pro se, instead of having two prosecutors against me, I'll do it myself. Even though I don't know what I'm doing, I will have a better fighting chance." The trial court found that counsel was competent and did not address Tennis's alternative request to represent himself. Tennis then made two additional written motions to represent himself.
What will be an ideal response?
No
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