Attorney is charged with several felonies. General practitioner who does a fair amount of criminal defense. Trial is in a couple of months. Unfortunately, defendant is likely to represent himself at trial. (We've already covered the admonishments about self representation in a pretrial hearing.) I don't expect him to testify. But I do expect him to do everything he can to "testify" without actually taking the stand. Any suggestions on how best to handle that situation? I know I need to voire dire extensively on it - explain to the jury that nothing anybody says outside of the witness stand is evidence. Is there anything else? Some kind of Motion in Limine? Any thoughts would be appreciated.

File a motion in limine against speaking objections requesting that counsel object and cite the applicable rule and not much else. Let it go the first few times in trial, start objecting, and then approach and hopefully let the judge totally shut it down.

The first time he testifies through his questioning or even in opening statement, object and ask to approach. Object to council testifying and state that you believe the defendant has opened himself up to cross examination. That should be enough to keep him from doing it again and if he does it enough eventually I believe the Judge will agree that he has opened himself up to cross examination.

Jurors assessed three 99-year sentences Thursday for a San Antonio man who was on parole for attempted murder when he participated in an armed poker party heist last year.

Edward Donnell Hendricks, 38, will have to serve at least 30 years of the aggravated robbery sentences before he can be eligible for parole this time. The sentences will run concurrently.

It took jurors about an hour to determine the sentences for Hendricks, who chose at the last minute to represent himself at trial. It took the panel less than 10 minutes to find him guilty Wednesday.

�I'm in way over my head,� he acknowledged to jurors as he finished closing arguments for the punishment phase Thursday morning.

Because of prior prison terms, Hendricks faced a minimum sentence of 15 years. He asked jurors for 25, explaining it would give him something to look forward to toward the end of his life.

�No one was hurt physically in the crime. Everybody got their property back,� he said. �I'm not as bad as I am being painted. I have a conscience, and I know it's hard for you to believe it, but I am good.�

Hendricks and two other men were arrested as they left a Northwest Side residence April 16, 2009.

The homeowner, who was hosting a poker game, had called 911 and left his phone on while the robbery took place.

The assailants wielded a shotgun and a revolver. Children also were present at the home.

Hendricks apologized to jurors, saying he was �one of the few convicted felons who really do have the desire to become a productive member of society.�

http://www.mysanantonio.com/news/local_news/parolee_gets_three_99-year_terms_for_poker_heist_103081294.html