Final Analysis - Catherine Crier [108]
“She has a right to an attorney of her choice,” Horowitz told reporters outside the courtroom. “But the judge may not let me out because we’re so close to trial. I feel sorry for her [Susan]. What can I say? Going through Pamela’s death was a horrible experience. It’s not deliberate. She’s not really trying to hurt me. She’s desperate and scared.”
During the ninety-minute hearing before Judge Brady, Susan claimed that Horowitz had all but ignored her case since his wife was murdered. Though Horowitz had already filed some forty motions with the court, Susan still wasn’t happy, claiming he had failed to file others for her. Despite the severity of the charges, Susan believed that she could represent herself in court. She asked that Harris, with whom Susan had formed a strong bond, be permitted to remain on her case as a consultant.
In addition to her complaints about Horowitz, Susan also filed a lengthy declaration on January 12 in which she outlined several grievances she had with the judge and police department. Among other things, Susan complained that Horowitz had failed to file her motion to disqualify Judge Brady and the entire Contra Costa County judiciary because they were all prejudiced against her. She also claimed that she had been subjected to discriminatory treatment by law enforcement since she had unsuccessfully moved to have Judge Brady removed from the case in August—including being “the only female prisoner” to be transported in shackles.
Susan also claimed that Dan Horowitz was a suspect in the murder of his wife. Later, she told reporters that she believed that Horowitz may have been involved in Pamela’s murder “based on statements he made to me.” She even offered to testify on behalf of the murder suspect, Scott Dyleski, at his upcoming pretrial hearing. Though Horowitz declined to respond publicly to Susan’s allegations, in part because a gag order had been issued, it was clear that he was infuriated by her remarks.
Not surprisingly, Judge Brady denied Susan’s motion to have the entire judiciary of Contra Costa County removed at a hearing on January 20, but she granted Susan’s request to dismiss Horowitz. The judge set a new trial date for February 27, giving Susan six weeks to prepare her defense.
“It is Susan’s story,” a visibly pale Dan Horowitz said while waiting in the hallway of the courthouse after the hearing. “She lived it and she wants to tell it. She has the absolute right to present her own defense.”
Ivan Golde chose to phrase it a bit differently: “It’s a very sad day,” he said.
Chapter Twenty-three
GOING IT ALONE
On February 27, 2006, three hundred prospective jurors arrived at the Contra Costa County Courthouse in Martinez to begin jury selection in the murder trial of Susan Polk.
Surprisingly, Polk’s original prosecutor, Tom O’Connor, had announced his resignation from the D.A.’s office just one week earlier to take a job in the private sector. A senior prosecutor, Paul Sequeira, was immediately assigned to take his place. Though new to the case, Sequeira told the media that he was rapidly getting up to speed and regarded the case as fairly straightforward.
With no lawyer by her side, Susan was relying on Valerie Harris and had a jury consultant to help with the selection process. Prospective jurors arriving at the courthouse were first directed to an assembly room where Judge Brady informed them about Susan’s decision to represent herself. She asked jurors if they could fairly adjudicate the case under that scenario. Those who expressed doubts were immediately excused. The others were directed to the courtroom where Susan and Paul Sequeria would conduct