On the second day of jury selection on Tuesday, Lee Peyton who was representing himself at his
trial fired his court-appointed, co-counsel
, Attorney Victor Salas.
Salas was Peyton's Seventh Court-Appointed lawyer.
The firing took place right after Peyton launched scathing
criticism against the judge who is presiding over his trial at Ventura County
Superior Court for identity theft and receiving stolen property.
Peyton demanded that the judge appoint a new lawyer to
represent him; Judge David Hirsch
refused. He accused Peyton of "gamesmanship" and admonishing him for his
disruptions and delays in the court proceedings.
The Case Has Costs
Thousands of Dollars and Has Been a Revolving Door of Lawyers
The case against Peyton lingered in the courts for three
years. During that time, there have been
four prosecutors assigned to this case; Peyton has been represented by seven,
court-appointed criminal lawyers, including Salas, and his legal defense has
cost taxpayers tens of thousands of dollars.
Peyton was awarded $7,500 to pay for a private
investigator to investigate his case and
thousands more to hire an expert on bank security cameras to testify, according
to Salas.
The 34-year-old
Peyton Was Arrested on Jan. 27, 2010.
Peyton, of Ojai, allegedly stole a credit card after
burglarizing a vehicle and used the ATM card to withdraw $300 and two weeks
later, another vehicle was burglarized and a CD case was stolen.
The use of the ATM card occurred about 25 minutes after a
person's car was broken into in Ojai, according to Salas.
"The big question for us is that how in the heck did that
happen within 25 minutes," said Salas.
Peyton maintains that he couldn't have broken into the car
in Ojai, drove to an ATM in Ventura and accessed the bank account without
knowing the PIN number.
Prosecutors Say The Case
Against Peyton Is Overwhelming
Prosecutor Stuart Gardner told jurors during opening
statements in the trial that there will be overwhelming evidence that Peyton
committed both crimes. He said Peyton took an hour or two to get to the ATM in
Ventura and use the stolen card.
For his part, Peyton has pleaded not guilty, saying that the
person in the photograph captured by a bank security camera - which is being
enlarged and admitted as evidence - isn't him.
In the burglary of the second vehicle, Salas said in an
interview that the house of an acquaintance of Peyton was searched and stolen
items were found there. The acquaintance told police that a CD case belonged to
Peyton, according to Salas.
The acquaintance implicated Peyton while in police custody,
said Salas.
"Your guess is as good as mine whether this guy has any
credibility at all," he said.
Gardner said the owner of the second vehicle couldn't identify the man who quickly took off after he broke into his car. But he gave
a description of Peyton's "very
distinguishable truck," Gardner said.
Peyton Refused to Wear Street Clothes During His Trial
Before the trial began and
outside the presence of jurors, Peyton refused to wear street clothes.
The wearing of street clothes or suits by defendants in
custody is done so prospective jurors won't be prejudiced when they see the
defendant in blue and orange jail garb.
While in the courtroom wearing the jail clothes and outside
the presence of the jury, Peyton wasted no time in telling Judge Hirsch what he
thought about how he fashioned his decisions and rulings. He didn't mince words.
Saying that Judge Hirsch had "castrated" his constitutional
rights via intimidation and using bullying tactics and unfair rulings against
him. Peyton said the trial was a waste
of time and taxpayers' money.
"I am tired of dealing with you," Peyton told the judge.
The Judge Alleges
That Peyton Is Engaging in "Gamesmanship."
The judge who was extremely patient accused Peyton of
"gamesmanship," accusing Peyton of causing deliberate disruptions and delays.
After denying the appointment of a new lawyer, the judge
said Peyton has had several court-appointed lawyers and another new attorney
would take an additional six months to prepare for trial. The judge said Peyton
had the legal skills to represent himself, noting that these skills were the best the judge had ever seen in a pro per case.
Peyton told the judge that he didn't want to represent himself. He said his constitutional right to be represented by a lawyer.
Peyton, who has Tourette's syndrome, a neurological disorder characterized by involuntarily movements and vocalizations called tics, said his disability was getting worse because of the stress of dealing with the judge and the court proceedings.
Salas Appointed by
the Court to Represent Peyton.
Salas said he is getting paid $150 an hour to help Peyton
and didn't know how much he is owed for hundreds of hours of legal work.
"I have been his
advisory counsel. I sit at the table and help him," said Salas
outside the courtroom. "I have also been standby counsel who sits in the back
(of the courtroom) and doesn't do anything until called upon."
Peyton Has Been In
Jail Since 2010 and Has Rejected Plea-Bargain Offers
Since his arrest in January 2010, Peyton has racked up more
than five and a half years of actual and good-time jail credits at the county
jail, according to Salas. He said Peyton has been offered seven years in jail
if he pleads guilty, and has rejected the district attorney's offer.
"It's principle. He says he is not guilty," said Salas.
Peyton, who a remarkable grasp and knowledge of the law, is a prolific writer, pumping one legal motion after another. Salas said Peyton's writing skills are pretty good.
"Better than most of the attorneys that I've practiced
with," said Salas.
Adding, "he's filed about 50 motions that I can think of,
and they're all pretty solid. In fact, I
made sure to keep copies of those because the law in them is top rate. His research skills, nobody does a better job
than he does of finding what is the current law, even the unpublished cases."
Salas said Peyton's legal papers have made it to the state
appeals court and the California Supreme Court.
Prosecutors have argued in court that Peyton is filing
frivolous legal pleadings, including one request that he be given taxpayer
money to pay for a suit to wear in court during his trial, a request that was
denied.
Prosecutors Won't
Talk About Plea-Bargain Offers Made to Peyton
Gardner declined to discuss the district attorney's plea
bargain offer to Peyton.
In an interview, Salas said he's tried to settle this case
five times with Judge Hirsch.
He said the offers have gone from nine years to more than seven years in prison, and now, it's at seven years. Salas said
Peyton will plead guilty to the criminal charges for jail time already served.
"He wants to go home. So, he'll accept going home even if he
has to plea," said Salas.
When asked whether this case was a good use of court resources
and time, Gardner replied: "Justice is always a good use of the court
resources."
Adding, "If you want
to talk about government waste, you need to talk to this guy (Peyton)," Gardner
said in an interview. "Or talk to the
victims that have been dragged through the mud by this guy."
Initially, the District Attorney's Office wanted to put
Peyton who has two robbery convictions
behind bars for the rest of his life under the three-strikes law, said
Salas.
But Proposition 36 changed the Three Strikes Law and was approved by voters in November. It revises the three strikes to impose a life sentence only when the new felony conviction is serious or violent.
During opening statements, Gardner told jurors that Peyton has
been convicted in 1999 of illegally possessing someone's credit card. Also in 2003, Peyton broke into and stole a CD
case from a vehicle.
Peyton Told Jurors
That He Didn't Want To Represent Himself
Peyton told jurors who were being instructed by the judge at
the start of the trial that the judge had lied by telling them that he wanted
to represent himself.
A short recess was called and Peyton told the judge that he
didn't want to be in the courtroom.
"I don't want to be in this courtroom during the entire
trial," he told the judge outside the presence of the jury.
The judge called Salas who had been sitting in the back of
the courtroom, reinstated him and ordered Salas to take over Peyton's defense.
The judge denied allowing Peyton to go back to jail, saying he
would be kept at the detention holding cell adjacent to the courtroom where a microphone
was connected and he could hearing the proceedings. The judge said he would
also allow the door to the holding cell to be cracked open to Peyton could hear
the evidence and testimony.
Peyton requested to return to the courtroom but wanted Salas
to sit away from him at the defense table.
After a brief discussion, Salas and Peyton were sitting at the same table, talking and smiling again.
Peyton had agreed to dress in street clothes, a dark blue shirt and black pants.
The trial continues in Courtroom 48.