Richard N. LaBare appeals the judgments entered in the Superior Court (Knox County, Perkins, J.) following a jury trial, convicting him of eight counts: two counts of terrorizing with a dangerous weapon, 17-A M.R.S.A. § 210 (1983); three counts of assault, 17-A M.R.S.A. § 207 (1983); one count tampering with a victim, 17-A M.R.S.A. § 454 (Supp. 1993); one count for violation of a protection from abuse order, 15 M.R.S.A. § 321 (Supp. 1993); and one count for violation of condition of release, 15 M.R.S.A. § 1092 (Supp. 1993). We reject LaBare’s contention that the trial court erred in not providing him with substitute counsel and a continuance after the trial had commenced and we affirm the judgments.
In November 1991 LaBare was arrested twice following incidents in which he assaulted his estranged girlfriend Susan Doyle. After he was indicted, LaBare’s court-appointed defense attorney worked with him for several months preparing for trial. Trial began on May 13,1992. The State presented Susan Doyle as its first witness. LaBare’s attorney cross-examined her before court adjourned for the day. The next morning, LaBare’s attorney informed the court that LaBare was requesting that she be replaced. LaBare told the court that he was unhappy with his attorney’s representation because she had advised him to plead guilty. LaBare requested the court to appoint substitute counsel and grant a continuance. The court refused to appoint new counsel, but did allow LaBare to meet with another attorney for several hours. When that attorney was unable to take over LaBare’s defense, the court gave LaBare the choice of proceeding with his court-appointed attorney of record, or going forward pro se, but with his attorney staying at his side in an advisory capacity. LaBare reluctantly agreed to the latter alternative.
LaBare conducted his own defense, with his standby attorney assisting at various points in the trial. The jury found LaBare guilty on eight of nine charges. LaBare was appointed new counsel to assist in his appeal.
I.
LaBare raises three points on appeal with regard to his representation. First, he argues that the trial court erred in not granting his request for substitute counsel and a three-day continuance. Second, he contends that his representation was inadequate. Third, he argues that he did not knowingly and intelligently waive his right to counsel.
As to the first point, we will reverse the trial court’s decision to deny the defendant’s request for a continuance to replace counsel only on a showing of clear abuse of discretion.
State v. Ayers,
With regal’d to LaBare’s second contention, that is, that he was denied effective assistance of counsel, such a claim is usually reserved for post-conviction review. “When raised on direct appeal, such a claim will not even be considered unless the record discloses, beyond the possibility of rational disagreement, that the defendant was inadequately represented.”
State v. Reynoso,
Finally, we reject LaBare’s contention that he did not knowingly and intelligently waive his right to counsel. We have held that a defendant in a criminal case must not only be made aware of the “dangers of self-representation,” but must also demonstrate that he makes the decision to proceed without counsel “with eyes open.”
State v. Walls,
II.
We must also reject three other issues that LaBare raises on appeal. First, we disagree with LaBare’s contention that the presence of officers “shadowing” him while he conducted his defense was prejudicial to his case. The court instructed the officers to move away, and there is nothing in the record to demonstrate that their presence posed a threat to LaBare’s right to a fair trial.
See Holbrook v. Flynn,
The entry is:
Judgments affirmed.
All concurring.
