Sorry for the delay in posting, but we wanted to wait to post until the audio transcript from the August 7th hearing was available. That audio transcript is now available here (FLV), and it’s hilarious! Nothing is more satisfyign than listening to a respectable Judge and a professional attorney trying to deal with Andy Esquivel and losing their patience with his ineptitude.
In this hearing, Andy begins by saying he’s finally ready to “take the lawyer”, meaning a public defender. Unfortunately for Andy (and the prosecutor points this out) he was already offered a second public defender but, like an idiot, he told the court flatly that he refused to accept the help of the public defender’s office because he thought they were involved in a conspiracy against him.
Andy continuously claims to have filed a motion for discovery with the court, in spite of the fact that the clerks office has no record of such a filing. Judge Connors at one point becomes exasperated and just breaks it down for Andy: (11:45) “Mr. Brady put your arm down…Mr. Esquivel, I don’t know how many times we need to have this discussion. You cannot just continue to represent yourself and ignore all of the court’s rules!”
Andy blabs on and on about how he’s now willing to take an attorney, but the prosecutor pointed out that we’re now months down the road from the date when Andy lost his first public defender and refused another and he doesn’t believe that another attorney will be ready by trial. “His conduct in the state’s opinion is destructive and it’s delaying tactics.”
At the end of the day, the Judge told Andy to file a proper discovery motion by COB Friday (which he never did). Andy then told the Judge “if you give me the discovery then I’ll hire my own attorney,” after which Andy filed a financial affidavit [PDF] claiming that he’s broke and can’t afford an attorney. Andy admits in the affidavit that he hasn’t worked since June 2009, that the highest he ever earned was a measly $12/hr., that his girlfriend (who he falsely claims is his “wife) doesn’t work, that he has no assets (not even a car) and that he pays no rent. Oh, here’s Andy’s contact information in case anybody wants to sue Andy in civil court:5789 Middlewood Ave. Kearns, Utah 84118 (801) 819-5126
The Judge told Andy that at this point he has no intention of postponing trial anymore. The current trial date is October 16th, 2013. My hunch is that the prosecutor is going to object to Andy’s request for counsel because (a) there’s no time for the new public defender to review the case before trial and (b) because Andy’s affidavit is completely false…Andy didn’t even list how much money he spends on rent in the document, even though in his latest video he’s bragging about his new house.
You guys need to just listen to the hearing. I’m tired, and it was too funny to adequately convey in a blog post. In the end, Andy looked completely inept…which of course he is. Andy’s motion to dismiss makes him look even more inept. The fact that he’s now begging for an attorney makes him look pathetic on top of inept. Oh boy, at least we’re nearing the end of this trial and Andy will soon either plead guilty or be convicted of fraud.