A man accused of killing an 11-year-old boy and critically injuring the boy’s mother less than a day after being released from prison has told a Cook County judge he plans to represent himself.
Crosetti Brand, 37, held firm in his decision even after Judge Mary Marubio gave him a stern warning during an April 3 hearing that “everyone pretty much universally agrees that it’s a bad idea to represent yourself.”
But Brand countered, “I know I’m going to get fair representation if I represent myself. I don’t have to worry about nobody being biased towards me or being prejudiced towards me.”
After giving him a lengthy admonishment — as required by the Supreme Court — Marubio accepted his request to waive his right to an attorney.
It came back to bite Brand just moments later.
“Oh, judge, if I could have one more thing. If I’d like to make a motion for a gag order, if I do that —” Brand began to ask before getting cut off.
“So I can’t give you any legal advice,” Marubio replied. “And if you want to file a motion, the motions that you chose to file, that’s all up to you now that you represent yourself.”
Brand’s next hearing was Tuesday, where he told a different judge he wanted to file a motion to dismiss the charges against him.
But the judge replied that since Brand was now indicted on murder and other charges, he would have to wait to file the motion before his trial judge, which will be assigned to him at an April 22 hearing.
Brand is accused of going to an ex-girlfriend’s Edgewater apartment on March 13 and stabbing her repeatedly. Her son Jayden Perkins was fatally stabbed by Brand when he tried to protect his mother, prosecutors have said.
Veteran courthouse defense attorney David Gaeger said it’s not uncommon for people to have misconceptions about their ability to represent themselves.
“In general, for a person who is facing criminal accusations, there is a feeling of helplessness and it’s because so many things that are going to be impacting your life are being handled by not you,” he said. “But that is what allows for a lot of irrational decisions to be made.”
Like Marubio, Gaeger warned that people who try to represent themselves will likely find themselves severely disadvantaged.
“Every individual has the right to represent themselves in any proceeding, but particularly in criminal proceedings,” Gaeger said. “However, because of how complicated and nuanced criminal law is, the Supreme Court has set out an extremely lengthy admonishment that lays out very clearly to a defendant exactly what self-representation will entail.
“Because the hallmark … is that you will be treated no differently from any other lawyer,” he said.
In the April 3 hearing, Marubio tried to drive this point home to Brand, asking the prosecutor and Brand’s appointed public defender about their educational backgrounds and courtroom experience.
Brand is not the first defendant in a high-profile case to think they are better off going it alone.
Robert Crimo, who is awaiting trial on murder and other charges in connection with the mass shooting in Highland Park, told the judge in his case in December that he would represent himself.
Three weeks later, he asked the judge to reappoint the public defender’s office.
Dwight Boone-Doty, charged in the killing 9-year-old Tyshawn Lee, made a request in 2019 to represent himself despite a judge’s grave warning.
“When you say you’re ready for trial, you’re ready for trial, as is,” Judge Thaddeus Wilson told him. “You had four years to prepare yourself for trial. Four years to hire a private attorney. Four years to say you want to represent yourself.
“Now, with two weeks to go to trial, you say you want to represent yourself. There’s no continuances,” the judge said.
Still, Wilson appointed an attorney from the public defender’s office as a “standby counsel” to provide advice. Boone-Doty eventually accepted an attorney from the office before his trial – where he was convicted.
Judges are not allowed to hold it against someone if they choose to represent themselves, but the issues that can arise from the decision can lead to friction.
Adam Hollingsworth, known as the Dreadhead Cowboy, struggled during his court appearances on charges he had abused his horse by galloping it on the Dan Ryan expressway in September 2020 in a protest of violence against children.
Hollingsworth quickly got under the judge’s skin for his outbursts when the judge told him that he had not properly filed motions.
“I don’t have the motions because you didn’t file them properly,” Judge Michael McHale snapped during one hearing. “That’s not harassment. That’s not bias. That’s just treating you equally like any other attorney. I told you, you were going to have a hard time being your own attorney, but fine, here’s an example: You don’t know how to file things correctly.”
Gaeger said that, in his experience, Cook County judges tend to “bend over backwards” and exhibit patience with defendants who represent themselves. He added that he believed McHale showed considerable restraint in Hollingsworth’s case.
Defendants that reconsider and ask for an attorney later on are granted one, but may not be granted more time that would help that attorney properly prepare for the case.
People who represent themselves and are found guilty also face difficulties in their appeals, which are very common in serious cases.
“Pro se defendants” can’t claim ineffective counsel, but also might not know to object or raise issues with evidence before or during trial that could then become a basis of their appeal, Gaeger said.
Gaeger said defendants like Brand, who don’t want to be represented by the public defender’s office, often have misconceptions about the abilities of those attorneys, whom Gaeger said are “among the best, most experienced [lawyers] that you could hope to represent you.
“This is a heavyweight boxing match to be in,” he said. “Both sides’ lawyers are going to be heavyweight contenders.”