Judge grants Roof's request for lawyers to again represent him

CHARLESTON — Dylann Roof's defense lawyers are back on the job as his attorneys during the guilt part of his trial, but Roof will represent himself in the penalty phase if convicted, U.S. District Judge Richard Gergel ruled this morning.

Roof, accused in the murders of nine black worshipers during a Charleston Bible study in June 2015, asked Gergel  last week that he be allowed to represent himself. Gergel granted his request but on Sunday Roof changed his mind, filing a motion handwritten on notebook paper.

“I would like to ask if my lawyers can represent me for the guilt phase of the trial only,” he wrote. “Can you let me have them back for the guilt phase, and then let me represent myself for the sentencing phase of the trial? If you would allow that, then that is what I would like to do.”

Roof, 22, faces 33 federal charges, including hate crimes, stemming from the shootings at Emanuel African Methodist Episcopal Church that left eight parishioners and their minister, a state senator, dead. Prosecutors are seeking the death penalty against Roof, who is white, and have alleged the shootings were racially motivated..

Dressed in a blue and white striped prisoner suit, Roof stood before Gergel Monday morning to answer the judge's questions about his motion.

"Do you wish to waive your right to self-representation?" Gergel asked.

"Yes," Roof replied.

Gergel then asked Roof if he was sure and had carefully considered his decision.

"Yes," Roof said.

Gergel told Roof he could not change his mind again, even if he was dissatisfied with his lawyers.

At the urging of prosecutors, Gergel allowed Roof to read a brief on the issue, including that Roof's attorneys can raise issues that he may object to.

After reading the document, Roof stood and indicated he did not want to alter his decision.

Gergel then found that Roof had made  a "knowing and willing" request to have his lawyers once again represent him.

The decision avoids a situation in which survivors of the shootings who testify might have been questioned directly by the man accused in the shootings.

Courtroom statements by Roof and documents in the case indicate that Roof and his lawyers disagree about at least one piece of evidence.

The nature of the evidence has not been disclosed, but capital clients who insist on representing themselves often do not want to disclose a diagnosis of a mental illness, say death penalty defense attorneys and psychologists versed in capital litigation.

Should a mental health condition be an issue in Roof’s case, that information would come into play at sentencing, the phase Roof wants to retain control of, according to his motion.

Should the jury find Roof is guilty, they would then hear further testimony in the punishment phase and would be asked to weigh aggravating and mitigating factors in determining if execution or a sentence of life without a possibility of release is a more appropriate punishment.

Roof, who has entered a “not guilty” plea, has offered to plead guilty to the shootings if the death penalty is taken off the table. Prosecutors have rejected that arrangement.

Gergel on Monday urged Roof to reconsider his decision to represent himself if the penalty phase is required.

Roof handled jury selection matters last week with his defense team by his side.

On Wednesday, the trial will begin with the final selection of 12 jurors and six alternates from the narrowed pool of 67, and opening statements by prosecutors.

Prosecutors Monday estimated it will take seven to eight days to present their case.

David Bruck, Roof's chief defense lawyer, told Gergel that the defense would take "very little additional time" for its case.

Gergel also on Monday denied a defense motion to dismiss the indictment against Roof.

Tonya Maxwell of The Asheville Citizen-Times contributed.