United States v. Sandles

23 F.3d 1121, 1994 WL 153649
CourtCourt of Appeals for the Seventh Circuit
DecidedApril 27, 1994
DocketNo. 93-1999
StatusPublished
Cited by86 cases

This text of 23 F.3d 1121 (United States v. Sandles) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Sandles, 23 F.3d 1121, 1994 WL 153649 (7th Cir. 1994).

Opinion

FLAUM, Circuit Judge.

After a four-day trial, a jury convicted John E. Sandies (“Sandies”) of five counts of bank robbery in violation of 18 U.S.C. § 2113(a). The district court sentenced San-dies to several concurrent terms of 180 months imprisonment and three years supervised release. On appeal, Sandies raises two issues: (1) whether he knowingly and intelligently waived his Sixth Amendment right to counsel; and (2) whether the district court abused its discretion in denying Sandies’ motion for substitute counsel. We vacate the conviction on the former ground, and remand for a new trial. Therefore, we do not address the latter argument.

[1123]*1123I.

In a three-month period commencing on December 10, 1991, John Eric Sandies committed a spree of bank robberies that netted him approximately $13,500. Following: the last of the five robberies, .a criminal complaint was issued and eventually Sandies was arrested. On May 21, 1992, Sandies made his first court appearance in connection with this case, at which time the court found Sandies to be indigent and appointed David E. Lowe (“Lowe”) to serve as counsel.. On July 7, 1992, the grand jury returned a Superseding Indictment charging Sandies with five counts of bank robbery in violation of 18 U.S.C. § 2113(a). Following his arraignment, Sandies filed a notice of insanity defense pursuant to Fed.R.Crim.P.' 12.2. At the government’s request, the court issued an order on July 23, 1992, directing that Sandies undergo psychiatric and psychological examinations. On October 13, 1992, the examination report was submitted' to the court revealing that Sandies suffered from grandiose delusions about his own capabilities. About a month after the report was submitted, the court granted Sandies’ motion for an independent evaluation, scheduled a pretrial conference for January 22, 1993, and set trial for February 1, 1993.

On December 30,1992, Sandies filed a pro se motion to dismiss and discharge Lowe as his court-appointed attorney. Sandies leveled a number of rather serious accusations, including the allegations that Lowe had: (1) “demonstrated racial bias and hostilities;” (2) advised Sandies not to cooperate with the court-appointed psychologist and to deny any memory of the crimes; (3) refused to consult with Sandies’ mother to obtain relevant medical records; and (4) refused to file pretrial motions to obtain said records. Sandies argued that his right to a fair and impartial trial would be compromised if Lowe continued his representation. On January 4, 1993, Lowe filed a motion to withdraw as' counsel, supported by an affidavit averring that the breakdown in the .attorney-client relationship warranted appointment of substitute counsel.1

At the January 22, 1993, pretrial conference, the court heard oral statements from both Sandies and Lowe concerning the motions for new counsel. The following testimony was presented: '

MR. LOWE: Your honor, I have filed two motions with the court and I know Mr. — my client has filed a motion wiljh the court. One motion is a motion for continuance of the trial date in order to attempt to obtain some medical records for Mr. San-dies’ evaluation. The other and probably more germane at this point is a motion on my behalf to withdraw, and that was filed shortly after Mr. Sandies informed me that he had filed a motion requesting new counsel.
THE COURT: All right, thank you. Mr. Sandies, you have two options at this point. You can either represent yourself or continue with Mr. .Lowe’s .representation. I’m only willing to grant Mr. Lowe’s and your motion for new counsel if you want to proceed without a lawyer. I would advise you against doing so because there are many matters from the jury instructions to legal matters that need to be addressed in the context of litigation, but I do not at all look kindly on motions for new lawyers on the eve of trial.

Before entertaining Sandies’, response, the court permitted Lowe to answer the charges raised by Sandies’ motion. In addition to categorically denying the allegations that he [1124]*1124had neglected his client and exhibited racial bias, Lowe made the following statement:

MR. LOWE: I’ve been — I think it’s past the point where he’s attacking me'or making comments on my professional conduct. It’s now personal.
I have represented in this district for at least ten years many, many defendants, and I’ve practiced before this court. And appointments, most of them because of the district we’re in, I suppose, are made up of minority individuals. I have .represented them to the point quite honestly, Judge, where my family and I economically have been disadvantaged because of the fees and I accept that. It’s because it’s something I have wanted to do. And to be accused of being racially biased and making racial comments I find reprehensible. I deny them.
In sum, Judge, I think the only thing that I do agree with in Mr. Sandies’ motion is that at this point because of the personal nature of the way this has come out, I don’t believe it’s in his best interests for me to continue to represent him. I do not believe because of the personal nature of this that I can zealously represent him and follow the ethics guidelines that I would be bound to follow should I be his attorney. It’s for those reasons, Judge, that I’m requesting to be relieved from any further representation of Mr. Sandies.

Sandies then responded to Lowe’s statement and simply reiterated much of what he had alleged in his. motion. The following discussion then ensued:

THE COURT: All right, thank you. Well, you hit the nail on the head, Mr. Sandies; that is, all of this in the court’s view is nothing short of pure pettiness—
MR. SANDLES: Yes, sir.
THE COURT: —in an attempt to manipulate the court. I reject it out of hand. The case is going to trial on Monday, February 1st. Mr. Lowe will either be your attorney or stand-by counsel. I am not appointing any new counsel to represent you in the matter; and I would expect that you cooperate with Mr. Lowe in the next week or ten days because we’re going to trial in this case on Monday, February the 1st at eight-thirty in the morning.
MR. SANDLES: Okay. Sir, there’s one last—
THE COURT: And if there is any request for jury instructions or voir dire, they should be filed with the court not later than the close of business on Friday, that is, Friday January 29th. And we will be in this courtroom so all of your subpoenas should be returnable at courtroom 225.
MR. SANDLES: Yes, sir. There’s one last thing, sir.
MR. LOWE: Judge, I would like a response to your question to him whether he wants to do this by himself or with me.
MR. SANDLES: It appears that I don’t understand the philosophies of logic well enough to defend myself. I’m not equipped.to understand how to defend an argument or to bring out a fallacy or anything like that. I don’t know any of that. I know it but I’m not prepared to do that on any since I haven’t — I have nothing, I know nothing of that.

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23 F.3d 1121, 1994 WL 153649, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-sandles-ca7-1994.