Opinion
Criminal No. 09-87 (DWF/AJB).
October 16, 2009
Jeffrey S. Paulsen, Assistant United States Attorney, United States Attorney's Office, counsel for Plaintiff.
Daniel Ernest Petersen, Pro Se, Defendant.
MEMORANDUM OPINION AND ORDER
INTRODUCTION
The matter before the Court is whether Defendant has made a valid waiver of his right to a trial by jury. For the reasons stated below, the Court concludes that while Defendant has expressed his choice of a bench trial, the government has not agreed to any waiver of a jury trial.
FACTUAL AND PROCEDURAL BACKGROUND
Defendant Daniel Ernest Petersen has been indicted on six counts of filing a false lien or encumbrance against a federal judge in violation of 18 U.S.C. §§ 2, 1521. (Doc. No. 1.) This Court held a pretrial hearing October 13, 2009. (Doc. No. 48.) At that hearing, Defendant reiterated his demand to represent himself and also stated that he wanted a bench, rather than a jury, trial.
DISCUSSION
The Sixth Amendment guarantees a criminal defendant the right to trial "by an impartial jury." U.S. Const. amend. VI. But a defendant may waive his right to trial by jury, as long as any such waiver is express and intelligent. United States v. Mahler, 141 F.3d 811, 814 (8th Cir. 1998) (quoting Patton v. United States, 281 U.S. 276, 312 (1930)).At the pretrial hearing, Petersen consistently maintained that he wanted his case to be tried to the bench, not to a jury, but apparently conditioned that requested waiver on his purported appointment of this Judge as his "trustee," explaining his understanding that the Constitution is a "trust," that citizens such as himself are "beneficiaries" of that trust, and that this Judge, as his trustee, would thus be required to protect his interests. The Court conducted an extended colloquy with Petersen in order to discern Petersen's understanding — or misunderstanding — of the legal relationships in a federal criminal prosecution between the U.S. Government, a defendant, and the Court.
Although there is no dispute that Petersen does not want a jury trial, this Court clarifies that it is not Petersen's trustee as understood in the law of trusts. Generally, a "trust" is "a fiduciary relationship with respect to property" under which one holding title to property is subject "to duties to deal with it for the benefit" of another, and a "trustee" owes such a beneficiary certain fiduciary duties with respect to the trust property. See 1 Restatement (Third) of Trusts §§ 2, 3 (2003) (defining "trustee" as "[t]he person who holds property in trust" for the benefit of the beneficiary). But this Court is under no obligation to serve as any comparable sort of fiduciary for the benefit of a criminal defendant in opposition to the Government's interests and, of course, a criminal defendant lacks the right or authority to unilaterally impose any such obligation on a federal judge.
Nonetheless, this Court notes that it is duty bound to administer justice in a fair and impartial manner to all parties equally — in short, to serve as a neutral arbiter between the opposing parties. See 28 U.S.C. § 453. Thus, while a federal judge may not serve as the trustee for any particular litigant or criminal defendant in the sense of pursuing or protecting that party's interests in opposition to those of its adversary, this Court will of course conduct a fair and unbiased trial in accordance with Petersen's legal rights and consistent with this Judge's oath of office. (Ex. A.)
But the issue of waiver is moot, as the Government has not consented to a bench trial. (Doc. No. 50.) Here, even if Petersen validly waived his right to a jury trial, "the trial must be by jury unless" the "Government consents." Fed.R.Crim.P. 23(a).
CONCLUSION
Petersen shall be tried before a jury.
Based on the foregoing, and all of the files, records and proceedings herein, IT IS HEREBY ORDERED that:
1. The Government not having consented to a bench trial, Defendant shall proceed to trial by jury.
EXHIBIT A THE INVESTITURE CEREMONY THE HONORABLE DONOVAN W. FRANK December 4, 1998 12:30 p.m. Sundin Music Hall Hamline University 1536 Hewitt Avenue St. Paul, Minnesota I, Donovan W. Frank.THE HONORABLE JUDGE FRANK: I, Donovan W. Frank.
THE HONORABLE CHIEF JUDGE MAGNUSON: Do solemnly swear.
THE HONORABLE JUDGE FRANK: Do solemnly swear.
THE HONORABLE CHIEF JUDGE MAGNUSON: That I will administer justice.
THE HONORABLE JUDGE FRANK: That I will administer justice.
THE HONORABLE CHIEF JUDGE MAGNUSON: Without respect to persons.
THE HONORABLE JUDGE FRANK: Without respect to persons.
THE HONORABLE CHIEF JUDGE MAGNUSON: And do equal right.
THE HONORABLE JUDGE FRANK: And do equal right.
THE HONORABLE CHIEF JUDGE MAGNUSON: To the poor.
THE HONORABLE JUDGE FRANK: To the poor.
THE HONORABLE CHIEF JUDGE MAGNUSON: And to the rich.
THE HONORABLE JUDGE FRANK: And to the rich.
THE HONORABLE CHIEF JUDGE MAGNUSON: That I will faithfully.
THE HONORABLE JUDGE FRANK: That I will faithfully.
THE HONORABLE CHIEF JUDGE MAGNUSON: And impartially.
THE HONORABLE JUDGE FRANK: And impartially.
THE HONORABLE CHIEF JUDGE MAGNUSON: Discharge and perform.
THE HONORABLE JUDGE FRANK: Discharge and perform.
THE HONORABLE CHIEF JUDGE MAGNUSON: All of the duties incumbent upon me.
THE HONORABLE JUDGE FRANK: All of the duties incumbent upon me.
THE HONORABLE CHIEF JUDGE MAGNUSON: As United States District Judge.
THE HONORABLE JUDGE FRANK: As United States District Judge.
THE HONORABLE CHIEF JUDGE MAGNUSON: Under the Constitution.
THE HONORABLE JUDGE FRANK: Under the Constitution.
THE HONORABLE CHIEF JUDGE MAGNUSON: And laws of the United States.
THE HONORABLE JUDGE FRANK: And laws of the United States.
THE HONORABLE CHIEF JUDGE MAGNUSON: That I will support.
THE HONORABLE JUDGE FRANK: That I will support.
THE HONORABLE CHIEF JUDGE MAGNUSON: And defend.
THE HONORABLE JUDGE FRANK: And defend.
THE HONORABLE CHIEF JUDGE MAGNUSON: The Constitution of the United States.
THE HONORABLE JUDGE FRANK: The Constitution of the United States.
THE HONORABLE CHIEF JUDGE MAGNUSON: Against all enemies.
THE HONORABLE JUDGE FRANK: Against all enemies.
THE HONORABLE CHIEF JUDGE MAGNUSON: Foreign and domestic.
THE HONORABLE JUDGE FRANK: Foreign and domestic.
THE HONORABLE CHIEF JUDGE MAGNUSON: That I bear true faith.
THE HONORABLE JUDGE FRANK: That I will bear true faith.
THE HONORABLE CHIEF JUDGE MAGNUSON: And allegiance to the same.
THE HONORABLE JUDGE FRANK: And allegiance to the same.
THE HONORABLE CHIEF JUDGE MAGNUSON: That I take these obligations freely.
THE HONORABLE JUDGE FRANK: That I take these obligations freely.
THE HONORABLE CHIEF JUDGE MAGNUSON: Without any mental reservation.
THE HONORABLE JUDGE FRANK: Without any mental reservation.
THE HONORABLE CHIEF JUDGE MAGNUSON: Or purpose of evasion.
THE HONORABLE JUDGE FRANK: Or purpose of evasion.
THE HONORABLE CHIEF JUDGE MAGNUSON: That I will well.
THE HONORABLE JUDGE FRANK: That I will well.
THE HONORABLE CHIEF JUDGE MAGNUSON: And faithfully discharge.
THE HONORABLE JUDGE FRANK: And faithfully discharge.
THE HONORABLE CHIEF JUDGE MAGNUSON: The duties of the office.
THE HONORABLE JUDGE FRANK: The duties of the office.
THE HONORABLE CHIEF JUDGE MAGNUSON: On which I am about to enter.
THE HONORABLE JUDGE FRANK: On which I am about to enter.
THE HONORABLE CHIEF JUDGE MAGNUSON: So help me God.
THE HONORABLE JUDGE FRANK: So help me God.