Judge says Pellicano can represent himself in federal wiretapping trial

A federal judge Wednesday agreed to allow Anthony Pellicano to represent himself at his wiretapping trial next month, but only after repeatedly warning the indicted private eye that the move was risky.

Noting the complexity of the more than 100 wiretapping and conspiracy charges facing Pellicano and five codefendants, U.S. District Judge Dale S. Fischer tried several times to persuade him to reconsider his decision to relieve his attorneys.

“If I were a defendant in this case, I would not consider for a moment representing myself. . . . It is not a good idea,” Fischer told Pellicano, who stood in prison garb before her at the courtroom lectern for attorneys.

But noting that the U.S. Supreme Court has established the right of defendants to represent themselves against criminal charges, Fischer said she had no choice but to allow Pellicano to act as his own attorney.

The move came almost a year to the day after Pellicano won the right to represent himself, only to change his mind after speaking to his attorneys and family. This time, however, it seems evident that Pellicano and his lawyers, Steven Gruel and Michael Artan, are parting ways on the eve of trial. The attorneys have worked on the case without being paid, and Pellicano has told the judge he is not interested in other appointed counsel.

During a courtroom hearing of nearly an hour, Pellicano, 63, and the lawyers made it clear that his decision was not based on a difference in strategy or a conflict in personalities.

Pellicano said that “these are honorable gentlemen” who had worked hard to defend him against the federal grand jury charges that could send him to prison for life.

But after the judge rejected the lawyers’ bid for a hearing to challenge the conduct of authorities in the case, including the lead FBI agent, Pellicano said he could no longer in good conscience ask them to remain on the case.

Before granting Pellicano’s request, Fischer said she would consider allowing the attorneys back into the case if he changed his mind before the start of trial, now scheduled for Feb. 27. But she also warned Pellicano that she would not entertain such a motion once the trial began and that he would not receive special treatment from the court just because he was representing himself.

“If you mess up, you can’t go to the Court of Appeal and say, ‘I messed up,’ ” she said.

Laughing, Pellicano acknowledged the judge’s comments and pledged to conduct himself with decorum during the trial.

“I intend to be honorable,” he told her.

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greg.krikorian@latimes.com