Man facing 12 felonies decides to keep attorney

By: Nate Robson / The Citizen

Thursday, June 4, 2009 1:43 PM EDT

AUBURN - A 51-year-old man accused of shooting his way into a house party was found in Cayuga County Court Thursday to be mentally competent enough to aid in his own defense, but will not represent himself at trial.
On April 30, John Small Jr. III, of 13 Wallace Ave., Auburn, was scheduled for a mental evaluation after he said he wanted to release his third attorney and represent himself.

Small is accused of shooting through the door of Wallace Avenue home before breaking in and pistol whipping a resident on Oct. 8.

Small said he intends to use a mental health defense because he believes the side-effects of several prescribed medications he was taking at the time of the incident caused him to become mentally unstable.

Despite being found mentally competent Thursday, Small, who is no longer on medication, said he doesn't want to represent himself, but added he had reservations about keeping Douglas Bates as his attorney.

"I want someone who will represent me," Small said. "If he is going to read his homework and understand how I want him to represent me then I don't care."

With a trial set for November, Cayuga County Judge Thomas Leone said he would not assign another attorney and that Small needed to work with Bates.

"I think you're foolish if you don't want to have Mr. Bates represent you," Leone said. "You're not going to find a better attorney."

Leone said he understood Small's concerns, but added that Bates has been looking out for his client's interest.

Small is charged with four counts of first-degree burglary, two counts of first-degree criminal use of a firearm, two counts of second-degree criminal possession of a firearm, two second-degree counts of assault and two counts of first-degree reckless endangerment, all felonies.

The Citizens' Say

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There are 1 comment(s)

FS II wrote on Jun 4, 2009 7:57 PM:

" Here is a real mental midget, facing 12 feliones, gets 3 free lawyers, and wants to represent himself in court. The old saying is " a person who represents themself in court has a fool for a client". This should be a slam dunk for the DA, or will it be? "

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