Delaware

Second Defendant in Deadly Delaware Prison Riot Opts to Represent Self

The inmate's court-appointed lawyer was forced to withdraw at the last minute because of a conflict of interest

What to Know

  • Attorney Patrick Collins was forced to withdraw at the last minute because of a conflict of interest.
  • 16 inmates were charged with murder, kidnapping, assault and other crimes following the Feb., 2017 uprising
  • Correctional officer Steven Floyd was killed during the riot, and three other staffers were taken hostage

One of 18 Delaware inmates charged in a deadly prison riot last year told a judge Thursday that he wants to represent himself after his court-appointed lawyer was forced to withdraw at the last minute because of a conflict of interest.

The judge granted Jarreau Ayers' request but also appointed an attorney to assist him during his trial, which starts with jury selection Oct. 8.

Attorney Patrick Collins was forced to abruptly withdraw from representing Ayers after prosecutors waited until Aug. 30 to give him the names of inmate witnesses they expect to call, one of whom was previously represented by Collins.

Prior to that date, the only information defense attorneys had received about potential prosecution witnesses was in May, when they were given the entire roster of all 128 inmates housed in Building C at the James T. Vaughn Correctional Center when the riot broke out Feb. 1, 2017.

Collins told Superior Court Judge William Carpenter Jr. that it "never occurred to me in a million years" that his former client would be on the list of 18 inmate prosecution witnesses he received three weeks ago.

Ayers told Carpenter that he had been thinking about representing himself all along, but that he was satisfied having Collins as his court-appointed lawyer.

"I was cool with that," said Ayers, adding that if he could not keep Collins, he preferred to represent himself.

Carpenter told Ayers that prior representation of the prosecution witness, whose name was not disclosed, had put Collins in a "difficult position," and that he would be unable to represent Ayers or even assist him.

"It's just unfortunate," Carpenter said. "This is one of those circumstances where a conflict has been created, and there appears to be no way out of it."

Following the hearing, deputy attorney general John Downs refused to explain why prosecutors didn't provide the list of inmate witnesses to defense attorneys until Aug. 30, barely a month before the start of jury selection.

"No comment. It's a pending trial," Downs said.

Brendan O'Neill, head of the Office of Defense Services, said he does not think the Department of Justice has acted fairly or appropriately.

"The defense should have more time to know who the witnesses are, to conduct independent investigation about those witnesses, and to prepare a defense in order to give these defendants a fair trial," he said. O'Neill speculated that prosecutors may have security concerns about their witnesses and don't want to disclose their identities "until absolutely necessary."

Asked whether he thought prosecutors have acted in good faith, O'Neill said, "I think they could be acting in better faith."

Stephanie Volturo, head of the unit that assigns private attorneys to represent defendants when public defenders are unable to do so, said prosecutors could have easily identified the conflict involving Collins' former client "with a simple search."

Meanwhile, Ayers assured Carpenter that he is ready to represent himself.

"I know there's no physical evidence against me at all," said Ayers, adding that his main concern is cross-examining witnesses.

"I have 16 hours a day to prepare for that. I have nothing else to do but prepare for that," he said.

Ayers is the second inmate charged in the riot to decide to represent himself. The other, Dwayne Staats, is also among the first group of four inmates to be tried.

Ayers declined Carpenter's offer to be granted another attorney and be moved to one of the groups of defendants to be tried later.

"I know nobody's going to fight for me the way I'm going to fight for me," he said.

Carpenter said he would make sure that Department of Correction officials provide Ayers and Staats with adequate computer access so they can prepare for trial. Carpenter indicated that Staats had expressed concern that the computer he has access to can't run all day on battery power, a sentiment echoed by Ayers.

While jury selection for Ayers, Staats and fellow inmates Deric Forney and Roman Shankaras starts Oct. 8, opening statements and testimony won't begin until Oct. 22, Carpenter said he expects the trial to last three or four weeks.

The four are among 16 inmates who were charged with murder, kidnapping, assault and other crimes following the uprising. Two others, including one who is expected to be a key prosecution witness and is in the group of defendants to be tried last, are charged with kidnapping, riot and conspiracy.

Correctional officer Steven Floyd was killed during the riot, and three other staffers were taken hostage. The siege ended when tactical teams used a backhoe to breach a wall and rescue a female counselor, hours after the release of two guards who had been beaten.

Copyright AP - Associated Press
Contact Us