FILED IN OFFICE Bb ie of Prsare IN THE SUPERIOR courT For HARBARNHYPENSPR ERE STATE OF GEORGIA APPROVED By franklandf at 9:54 am, Jun 20, 2016 STATE OF GEORGIA FILE NO, 15CRO2515-JFLOO3 Volume 1 of 1 ) ) vs. ) ) ) Pages 1 through 20 DENVER FENTON ALLEN COURT ADVISES DEFENDANT REGARDING REPRESENTATION BY PUBLIC DEFENDER ON DEFENDANT’S ORAL MOTION TO FIRE HIS ASSIGNED ATTORNEY TRANSCRIPT OF PROCEEDINGS Before The Honorable J. BRYANT DURHAM, JR., Superior Court Judge, Rome, Georgia, on Friday, June 17, 2016 APPEARANCES OF COUNSEL: For the State: Luke Martin, Esq. Assistant District Attorney 3 Government Plaza, Suite 108 Rome, Georgia 30161 For the Defendant: James C. Wyatt, Esq. Conflict Public Defender 12 East Fourth Avenue Rome, Georgia 3016110 ql 12 13 14 15 16 17 18 19 20 21 22 23 24 [fhe Court advises defendant regarding representation by the public defender on defendant's oral motion to fire his assigned attorney; Friday, June 17, 2016, at 2:08 p.m. in open court:] THE COURT: Okay. Mr.-Mr. Allen? DEFENDANT ALLEN: Right. THE COURT: I believe that-I believe your case is~ was going to be going to trial not this Monday but the following Monday. Okay. Do you understand that? MR. ALLEN: Yes. Ub~ THE COURT: Okay. I tell you if you needed to tell me something, = want-I'll let you come up here to the podium so you can speak into the microphone, and T can hear you. [The defendant approached the podium. ] MR. ALLEN: Yes. The attorney here, I'm wanting to fire him. TAB COURT: Uh-huh [affirmative] . MR. ALLEN: And, you know, I don’t feel like he’s doing any- THE COURT: Who are you going to-wno are you going to hire? MR. ALLEN: I’m not going to hize nobody. I'm going to try to get a different public defender10 ql 12 13 14 15 16 17 18 19 20 21 22 23 24 THE COURT: There isn’ t-you-you have a right to an attorney. MR. ALLEN: This lawyer has— THE COURT: You don’t have a right to a specific attorney. MR. ALLEN: This lawyer has made sexual advancements on me, He- THE COURT: Well— MR. ALLEN: He's mis-misrepresenting my case. He told me if-if I wanted him to do a good job, T had to let him give me oral sex. He's had doctors at Central State Hospital put a false— THE COURT: He’s had doctors at Central State Hospital? MR. ALLEN: —put a false diagnosis on me. THE COURT: Okay. MR. ALLEN: | Uh~ THE COURT: TI don’t-you know, I know Mr. Wyatt pretty well, and I don’t think he has the ability to make doctors at Central State do anything. MR. ALLEN: Well, they did it, and he’s the one that had me sent down there. THE COURT: Well, they may have done it, but I don’t think he had anything to do with it. MR. ALLEN: All right. Well, he won't give me the10 ql 12 13 14 15 16 17 18 19 20 21 22 23 24 discovery. THE COURT: MR. ALLEN: He-well, I’m There’s things in discovery he’s supposed to give-he gave me the indictment and told me that was discovery. THE COURT: MR. ALLEN: THE couR?: MR. ALLEN: THE COURT: indictment, I/i1 indictment. MR. ALLEN: THE COURT: MR. ALLEN: discovery. THE COURT: MR. ALLEN: Okay. They're altering— Okay. -documents that I’ve read~ If you-if you want-if you want the make sure you get a copy of the No. I'm saying I got the indictment~ Uh-huh [affirmative] “but he’sche’s not complying with Okay. I’m supposed to get the autopsy report, the coroner report, pictures of the crime scene- THE COURT: MR. ALLEN: THE COURT: Cor-coroner report? “criminal background records. T want Is this a murder? DEPUTY SHERISF: In the county jail. THE COURT: MR. ALLEN: Okay. Yeah. TI supposed to get criminal10 ql 12 13 14 15 16 17 18 19 20 21 22 23 24 background records, investigational summaries. THE COURT: Mr. Wyatt, what discovery do you have? MR. WYATT: I’ve given him everything I have. THE COURT: You've given him everything you have? MR. WYATT: Yes, siz. THE COURT: He’s given you everything~ MR. ALLEN: This is a murder case, and you’ re— THE COURT: Huh? MR. ALLEN: This is a murder case, and you're telling me the only thing on discovery is a four-page indictment. THE COURT: I don’t think he’s saying that. I think he said he’s given you everything that he has. MR. ALLEN: He ain’t give me the autopsy report. He ain't give me the coroner's report. He ain’t give me~ THE COURT: Well, it may be that he doesn’t have that. I don’t know MR. ALLEN: That’s what I’ve been trying to get. He didn’t give me pictures of the crime scene. I’ve seen other people go to trial on-on murder charges. I've seen what you're supposed to get. I’m not going to work with this attorney. THE COURT: Well, you know, you-you~ MR. ALLEN: It’s not-it’s not going to happen. THE COURT: You've got-you've got— MR. ALLEN: I’m not going to trial with this10 ql 12 13 14 15 16 17 18 19 20 21 22 23 24 attorney. THE COURT: Well, you've got two choices. One, you can go to trial with him, or, two, you can try the case yourself. Now, I definitely, completely think that that’ s— MR. ALLEN: Ive got a right to have— THE COURT: Wait a minute. Listen to me. That would be the biggest mistake you've ever made in your life MR. ALLEN: So basically you're sitting here telling THE COURT: Now, you have a~ MR. ALLEN: —you’re going to find me guilty i£ I-if I go to trial and try to defend myself? THE COURT: You're probably right. That would be my guess if you try to defend yourself. You-you don't know anything about selecting a jury, do you? MR. ALLEN: No. THE COURT: Do you know anything about cross- exanining witnesses? MR. ALLEN: No. THE COURT: Do you know anything about criminal procedure? MR. ALLEN: I know I don’t have to li THE COURT: Do you know anything—1'm-10 ql 12 13 14 15 16 17 18 19 20 21 22 23 24 MR. ALLEN: —this guy suck my dick~ THE COURT: Let-let-let me-let me-let MR. ALLEN: —to get some legal representation. THE COURT: You know something, I'll be honest, Mr. Allen, I really don’t believe that. MR. ALLEN: I’m not-I’m not concerned if you believe it or no THE COURT: I-you know, I MR. ALLEN: But I'm-I’m supposed to-I’m supposed to have a right to get a attorney— THE COURT: That— MR. ALLEN: —and I’m not going to work with this attorney. THE COURT: Well, that’s up to you MR. ALLEN: So I hold myself in contempt if you try to pull me up here to court with that attorney. THE COURT: That-that’s fine. I mean, that’s up to you. You-I told you what your choices are. You can go to trial- MR. ALLEN: Ifm-I’m just telling you. Well- THE COURT: lis-listen to me. MR. ALLEN: I'll just hold myself in contempt. THE COURT: Listen to me. MR. ALLEN: Fuck you. THE COURT: Listen to me10 ql 12 13 14 15 16 17 18 19 20 21 22 23 24 MR. Im THE contempt MR. THE ALLEN: Go fuck yourself. through here. Are y'all done? COURT: I-I am finding-I’m finding you in of court. ALLEN: I don’t care. COURT: I know you don’t. And T sentence you to twenty days for that. And if you say anything else, I’m going to ‘THE THE MR. HE MR. THE add twenty days for everything you say. ALLEN: Fuck you. cova: Forty days. ALLEN: Fuck you again. COURT: Sixty. ALLEN: Go fuck yourself. COURT: A year. ALLEN: Your mamma. couRT: ‘Ten years. ALLEN: suck my dick. COURT: You know something, this is going to be an interesting trial. ALLEN: Oh, yeah? couRT: Oh, yeah. ALLEN: You're not supposed to smile in court. that if you smile COURT: I can smile anytime I wai ALLEN: —it’s a violation—10 ql 12 13 14 15 16 17 18 19 20 21 22 23 24 Now, you're cussing and yelling at me. THE COURT: TI have not cussed. MR. ALLEN: Yeah, you did. THE COURT: I am yelling. MR. ALLEN: Well, go fuck yourself. Suck my dick. THE COURT: That’s why I’m yelling MR. ALLEN: Suck my dick. THE COURT: You know something, you are absolutely the rudest person I think I’ ve~ MR, ALLEN: You reckon— THE COURT: -ever met. MR. ALLEN: You reckon if I let you suck my dick that I could get a fair trial here? THE COURT: Oh, I don’t think so MR. ALLEN: I got a big dick now, and if I pull it out THE COURT: I don’t think that’s going to get you a fair trial unless you have- MR. ALLEN: I'm done. THE COURT: every one of the jurors do it. MR. ALLEN: I don’t think that mouth is big enough, sir. I’ve got a big old donkey dick. THE COURT: You know, I’m sure mine’s-I’m sure mine’s not. MR. ALLEN: I’ve got a big old donkey dick for that10 ql 12 13 14 15 16 17 18 19 20 21 22 23 24 ass. THE MR. THE a queer. mR. queer in THE ike one. Good! I’m sure the women love it. ALLEN: T don’t fuck girls. COURT: Oh, oh, no. I'm sorry. | ALLEN: I fuck boys. COURT: Oh, I’m sorry. You prefer men. ALLEN: TI fuck boys. COURT: You prefer men; right? ALLEN: I fuck white-white boys. COURT: You-ch, oh, white or black? ALLEN: White boys. COURT: Oh. Butt boys? ALLEN: With big butts. COURT: Oh, of course. You know, you look like ALLE! Well, okay. So now you're ling me a the courtroom. I didn’t call you one. I said you locked You're yelling. Do you understand the English language? ALLEN: Wait, you're yelling. You're laughing. Do you understand the English language? This is-this-this is kangaroo court, sir. cour: Do you-you know what. No, we're not in 1010 ql 12 13 14 15 16 17 18 19 20 21 22 23 24 Australia. MR, ALLEN: I mean, if you want to suck my dick, you can do it anytime now. We can— THE COURT: Oh— MR. ALLEN: -get this court-ordered~ THE COURT: -you’re-you’re so smart. MR. ALLEN: Do we have to court-order this? THE COURT: You're so funny. You're so cute. MR. ALLEN: Can we get a court order to get my dick sucked, sir? THE COURT: You're so cute. I know all the inmates just love you to death. MR. ALLEN: Oh, yeah. THE COURT: Oh, I bet. MR. ALLEN: All the white butt boys love me to death, THE COURT: Okay. Well, I/1l bet they do, and I bet all the rest of them do, too. MR. ALLEN: You ain’t supposed to smile in court. THE COURT: 1/11 bet everybody enjoys sucking your cock. MR. ALLEN: You ain’t supposed to be smiling in court. That's a violation— THE COURT: I can smile anytime I dadgum want to. MR. ALLEN: Now, you're yelling at me again. aL10 ql 12 13 14 15 16 17 18 19 20 21 22 23 24 ‘THE THE THE THE THE THE THE courr: ALLEN: couRT: - ALLEN: court: ALLEN: couRT: ALLEN: courr: ALLEN: couRT: . ALLEN: court: ALLEN: court: ALLEN: court: ALLEN: it all out? THE MR. the butt THE that ov MR. courr: ALLEN: then; courr: Iam. Ifm yelling. You're getting mad. Can you hear me? You're shaking. I am yelling at you. Well, reckon you could suck my dick? Yelling. Can you take a break? Yelling. Can you take a break? I am yelling at you. Can you take a break? Yelling. Can I get my dick sucked? Can you hear me? Yelling. can I get my dick sucked? Yelling. Yelling. Are you ready to suck now? Have you got You know something— You will, but you want me to fuck you in right? Oh, my goodness. You've got plenty of in the jail. ALLEN: I could see it in you when T come in the 1210 ql 12 13 14 15 16 17 18 19 20 21 22 23 24 courtroom. THE COURT: Okay. That’s fine. You're going te be here on-let me tell you how this is going to work. You're going to be~ MR. ALLEN: You ain’t going to tell me shit. THE COURT: Listen. MR. ALLEN: Suck my dick. THE COURT: Shut up. Listen to me. MR. ALLEN: Suck my dick, you fuckman. THE COURT: Listen! MR. ALLEN: Suck my dick. THE COURT: You will be here in court on Mon— MR. ALLEN: You'll be here sucking my dick. THE COURT: You will listen to me, now MR. ALLEN: Go fuck yourself. THE okay. I’m going to tell you how this is going to work. You either listen or not. I don’t care MR. ALLE! I’m through. Can I leave the courtroom? THE COURT: No. DEPUTY SHERIFF: No, you’ve got to stay here. MR. ALLE No, I’m not talking to the bastard. THE COURT: We are going to have the trial Monday week. MR. ALLEN: No. The fuck we are. I ain’t going to trial with this lawyer present 1310 ql 12 13 14 15 16 17 18 19 20 21 22 23 24 ‘THE MR. THE courr: ALLEN: couRT: Listen, if you do not~ Suck my dick, you stinking-ass cracker. If you act like this-if you act like this, I will send you out of the courtroom MR. THE during the trial. MR. THE MR. THE THE THE right to MR. ALLEN: court: ALLEN: courr: ALLEN: couRT: . ALLEN: court: ALLEN: court: ALLEN: court: ALLEN: couRr: ALLEN: court: ALLEN: courr: Old bitch-ass cracker. -and leave you out of the courtroom Horse-ass cracker. Do you understand that? Horse-ass, dick-sucking-ass— Do you understand that? “big butt Do you understand that? —fuckman-ass cracker Do you understand that? Getting mad, ain't you? Stupid. Or red-faced? Listen! Now, you're calling me stupid. isten! Yes, 7 am. This is kangaroo court. You know what, you have a constitutional be a dumbass. ALLEN: Why don’t you jump up on the stand and- 1410 ql 12 13 14 15 16 17 18 19 20 21 22 23 24 THE COURT: You have a constitutional right to be a dumbass. MR. ALLEN: -and jump around like a fucking kangaroo, you dumb bastard? THE COURT: Well, if you~ MR. ALLEN: Suck my dick. T ain't THE COURT: -if you-if you~ MR. ALLEN: listening to nothing you say THE COURT: If you come in here Monday week and~ MR, ALLEN: How about this? Ill kill your whole family. When I get in this trial, I will murder your whole family. I'll cut your children up into pieces. I/ll knock their brains out with a fucking hammer and feed them to you. THE COURT: Are-are you taking this down? COURT REPORTER: Yes, sir. THE COURT: Okay. I am going to refer you to the district attorney's offi MR. ALLEN: I don’t give a fuck who you’re referring to. THE COURT: I-I’m just telling you. MR. ALLEN: I thought you were referring to my motherfucking dick, fuckman. THE COURT: Aggra-aggzavated-aggravated assault, verroristic threats, and we/ll just add to it 1s10 ql 12 13 14 15 16 17 18 19 20 21 22 23 24 MR. your whole family, your kids. I’m not supposed to be in jail. 1 ALLEN: I don’t give a fuck. I will murder you, was framed. That motherfucker asked me to eat his ass for a bag of coffee. THE wR. tort got THE mR. THE dicks. THE COURT: Well, you know~ ALLEN: -and now you're telling me that I’ve got to go to trial with this fuckman over here. COURT: You're obviously— ALLEN: He's probably a pedofile. COURT: You're obviously fixated on butts and | ALLEN: Huh? I’m fixated on your mouth. COURT: No, you're fixated on butts and dicks. ALLEN: You've got a nasty mouth, sir. COURT: Oh, T have an awful mouth. ALLEN: You have a big old fat mouth. couRT: 1 do. ALLEN: You got to have a big old mouth to get this dick in it. THE THE court— THE court: I sure do. ALLEN: All right. COURT: Yep. I’m proud of it. . ALLEN: I'll make sure the next time I come to court: 1 1610 ql 12 13 14 15 16 17 18 19 20 21 22 23 24 MR. ALLEN: THE COURT: MR. ALLEN: THE COURT: MR. ALLEN: THE COURT: MR. ALLEN: THE COURT: MR. ALLEN: THE COURT: MR. ALLEN: THE COURT: it. MR. ALLEN: THE COURT: MR. ALLEN: THE COURT: MR. ALLEN: THE COURT: MR. ALLEN: THE CouRT: MR. ALLEN: done called me was going suck THE COURT: -I’11 pull it out and jack on you. Okay. Why don’t you do that right now? I jack on white boys— Why don’t you do it right now? “just like I jack on females. Do it now. IT can’t do it now. Do it now. I ain’t got-I ain’t got but I don’t care. Take off the cuffs. How many hands do you have to have to do Take off the cuffs Come on-no. Jack off. This is kangaroo court. Come on. Jack off. This is-this is a kangaroo court. Jack off right now. Are y'all getting this? Yes, they're getting it. I’m-I'm-I’m going to make sure. This guy stupid. This motherfucker done told me he my dick. I did not say that a710 ql 12 13 14 15 16 17 18 19 20 21 22 23 24 MR. ALLEN: He wanted me to fuck him in the butt. THE COURT: I did not say that either. MR. ALLEN: Uh, you're a-you're a real, real nasty-ass judge. This is- THE COURT: I am indeed, and you're going to find out MR. ALLEN: Now- THE COURT: —how nasty I really am. MR. ALLEN: You'll find out how nasty I am when I murder your whole family, bitch. THE COURT: Oh, that’s fine, You know, you’ll be in jail so long you won't have a chance. MR. ALLEN: The babies will be going, “Daddy, Daddy, help me.” I’m just going to knock their brains out with a fucking hammer. THE COURT: Okay. Well, you know, if I had any kids, you'd probably be able to do that, but since I don’t have any, it doesn’t really matter. MR. ALLEN: Well, then I'll get your nieces, your nephews, your sisters. THE COURT: It doesn’t really matter. T don’t have any of those either. MR. ALLEN: Grandkids. THE COURT: Don’t have any of those either. MR. ALLEN: Aunties, aunts 1s10 ql 12 13 14 15 16 17 18 19 20 21 22 23 24 THE COURT: How can I have grandkids if I don’t have any kids? MR, ALLEN: Brothers, sisters? THE COURT: Stupid. You know, you-you’re just completely, completely have no idea of the English language MR. ALLEN: If you're not going to suck my dick, sir, I don’t-I don’t want to be here. THE COURT: Okay. I’ve enjoyed this. 1 hope you have, TI know everybody else in the courtroom has enjoyed it, but you can go now, and if- MR. ALLEN: All right. Well, I THE COURT: -if on Monday week this happens again, you will not stay in the courtroom MR. ALLEN: Suck my dick, sir. okay. MR. ALLEN [as he was being escorted out of the courtroom]: I’m subpoenaing y‘all’s ass in the courtroom. [The defendant was escorted out of the courtroom, and these proceedings were concluded at 2:19 p.m. on Friday, June 17, 2016.) 19RT_REPORTER’ S CERTIFICATE |STATE OF GEORGIA COUNTY OF FLOYD I, FAY FRANKLAND, do hereby certify that the foregoing Irecord, pages through _*°_ of Volume for File No. 15¢R02515-JFLOO3 is a true, complete, and correct transcription of the proceedings reported by me or under my direction, and copies of any physical or documentary levidence tendered and admitted during such proceedings, in the superior Court of Floyd County, State of Georgia, on May 17, 2016 20 th day of June 2016 This 20