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Esten Ciboro, left, will represent himself in the case against him and his father, Timothy Ciboro. The elder Ciboro’s request to defend himself was denied.
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Experts question Toledo man’s choice to represent self in felony case

THE BLADE

Experts question Toledo man’s choice to represent self in felony case

Esten Ciboro to act as his own defense in December

Though his biggest challenge lies ahead, Esten Ciboro has not wavered.

Headed to trial next month for kidnapping, rape, and endangering children in an abuse case that shocked the city, the North Toledo man maintains he will put his fate in God’s hands rather than rely on a lawyer to represent him.

“Professionals built the Titanic. Amateurs built the ark,” Mr. Ciboro, 28, told Lucas County Common Pleas Judge Linda Jennings at one hearing.

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The judge tried to dissuade him, pointing out that if he’s convicted on all charges, he faces 68 years to life in prison.

Despite Mr. Ciboro's apparent confidence, legal experts say it’s almost never a good idea for defendants facing serious felony charges to act as their own defense counsel. Pro se representation, as it's known in legal terms, is fraught with pitfalls beginning with the defendant's lack of legal training and courtroom experience.

Retired Toledo defense lawyer Don Cameron remembers his “head spinning” as Melody Williams sat quietly while prosecutors pushed the bounds of what was appropriate questioning during her 2013 aggravated murder trial.

As her court-appointed standby counsel, Mr. Cameron couldn’t object. His client, who insisted on serving as her own attorney, didn’t object.

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“I'm not saying lawyers are the smartest people in the world, but that is our business,” Mr. Cameron said. “I felt bad for her.”

Williams, the last defendant to exercise her Sixth Amendment right to self-representation in a high-profile felony case in Lucas County Common Pleas Court, was 49 and convinced she could try her case better than any lawyer. Mr. Cameron had the limited role of answering her questions.

Williams filed hand-written motions and briefs. She dressed for trial in professional suits and heels and a long black wig. And she was convicted on every count.

“She was a bright woman by the way. She was a smart lady. She took lots of notes,” Mr. Cameron recalled. “... She knew the discovery. She went through every bit of discovery with a fine-tooth comb. I think she had a fairly sound, strategic mind.”

Still, he said, it wasn’t enough.

“The tactical battle, which is trial, is best left to a professional,” Mr. Cameron said. “You can’t do it unless you know what you're doing. She lacked that and ultimately lacked the foresight to accept aid from a lawyer, which to me was her ultimate downfall. I think it was ego-driven. I think she saw herself as outsmarting everybody.”

Esten Ciboro and his father, Timothy Ciboro, 53, made it clear in court that they believed no one could do a better job on their behalf than themselves.

The men were indicted in May on kidnapping and endangering children charges after a 13-year-old girl told police she had been shackled by the ankle in the basement of the Ciboros' home on Noble Street at various times for the last few years. In September, the father and son were indicted on rape charges stemming from alleged sexual assaults on two young girls.

While Judge Jennings initially granted Timothy Ciboro's motion to represent himself, she rescinded it after he displayed what she termed “serious and obstructionist misconduct” in her courtroom. Against his wishes, he is now being represented by Toledo lawyer Michael Bahner.

Perrysburg lawyer Drew Griffith, who was appointed as standby counsel for Esten Ciboro, said he has been meeting with his client at the Lucas County jail where he provided him a copy of the Rules of Evidence and Rules of Criminal Procedure. He said he has tried to provide a framework of trial procedure for Mr. Ciboro and answer his “relatively few” questions.

“I've offered my services, and I've explained to him it would certainly be to his benefit to use the services of a lawyer in any case but certainly in a case of this magnitude,” Mr. Griffith said. His client, he said, has assured him he’s “good to go.”

Prosecutors also are not enthused about a pro se defendant because of the likelihood of errors occurring that could lead to an appeal and, at times, a mandate to retry the case.

“The prosecution has to ensure that not only are you presenting your case, but that the defendant’s due-process rights are being followed because it’s going to be difficult for them to protect their own due-process rights,” said Frank Spryszak, an assistant county prosecutor assigned to the Ciboro case.

“In any case, you want one clean, fair trial.. You don't want to have to try a case twice especially one with a sensitive fact pattern,” he said, referring to the child victims who likely will be called to testify in the Ciboro trial.

Gregory Gilchrist, associate professor at the University of Toledo’s college of law, said it’s not only helpful for a defendant to have an attorney who understands the law, it helps to have someone with more objectivity looking at the case.

“One misconception is that trial is an opportunity to tell a story without rules, and it’s not,” Mr. Gilchrist said.

Some defendants who cannot afford to hire their own attorney also may see a court-appointed lawyer as part of the system, not someone who truly is looking out for their best interests, he said.

“That’s just absolutely not the case,” he said. “Lawyers take very seriously their obligation to represent their client.”

Though data on pro se criminal defendants is difficult to find, Mr. Gilchrist pointed to a 2007 study published in the North Carolina Law Review that analyzed cases from federal and state courts and concluded pro se felony defendants in state courts are convicted “at rates equivalent to or lower than the conviction rates” for those with lawyers.

“It's a surprising conclusion,” Mr. Gilchrist said. “It is a limited set of data, and even the author cautions against drawing absolute conclusions from it.”

One thing is absolute: very few felony defendants in Lucas County choose to go it alone.

After Melody Williams was convicted at trial of aggravated murder, aggravated arson, aggravated robbery, and two counts of tampering with evidence, Lucas County Common Pleas Judge Ruth Ann Franks sentenced her to life in prison with parole eligibility after 59 years.

Williams appealed. Among her claims: the trial court failed to protect her rights concerning self-representation in violation of the Fifth, Sixth, and Fourteenth Amendments to the U.S. Constitution.

Ohio's 6th District Court of Appeals later affirmed her conviction and rejected her claims that she was not adequately informed of the pitfalls and responsibilities of self-representation.

“The court warned [Williams] at length that self-representation was fraught with peril and contained a high risk of failure,” the appellate court concluded.

The trial court appointed experienced standby counsel, repeated its warnings about the dangers of self-representation at every hearing, and made it clear she would be held to the same standards as a trained lawyer.

“She has little room to now complain,” the appellate decision stated.

After the appellate ruling came down in June, 2014, Williams again got out her pen and paper, filing a pro se appeal of the ruling with the Ohio Supreme Court. The high court declined to hear the case.

Contact Jennifer Feehan at: jfeehan@theblade.com or 419-213-2134.

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First Published November 14, 2016, 5:00 a.m.

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Esten Ciboro, left, will represent himself in the case against him and his father, Timothy Ciboro. The elder Ciboro’s request to defend himself was denied.  (THE BLADE)  Buy Image
Defense attorney Merle Dech, left, speaking with defendant Timothy Ciboro during July.  (THE BLADE)  Buy Image
Melody Williams represented herself in a 2013 aggravated murder trial and was convicted and sentenced to life in prison with parole eligibility after 59 years.  (THE BLADE)  Buy Image
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