Curtis Hart is facing the death penalty, but is so eager to go to trial quickly that he is willing to represent himself.
“I feel like who better to represent myself and fight for my life than me?” he told a Las Vegas judge Wednesday. “I am not inadequate at all, but I am powerful beyond measure … and no one knows the case better than me, because I am the one that’s accused of it.”
After listening to arguments from Hart, 34, and prosecutors, District Judge Michelle Leavitt ordered him to undergo a competency evaluation.
“I really think I have no choice,” she said. She promised Hart that she would hold his trial as soon as possible.
Both prosecutors and Hart’s own lawyers had asked to delay the June 1 trial, arguing that they could not be adequately prepared.
Hart wanted to keep the trial date, but Leavitt told him the competency evaluation process would likely postpone it.
Chief Deputy District Attorney Giancarlo Pesci said prosecutors had concerns because of records indicating that Hart had “talked about losing his mind” and was taking antipsychotic medication. He said he was worried about what could happen in post-conviction litigation if the parties involved in the case did not address that information.
“I’ve already been through competency court before and I’m completely competent,” said Hart.
The defendant is accused of fatally shooting Jose Benitez-Rodriguez near the Arts District in January and has invoked his speedy trial right, even though it often takes defense attorneys years to adequately prepare for a death penalty trial.
“There’s just a lot of work to do,” said defense attorney Jess Marchese after the hearing. “I mean, it’s literally a man’s life.”
Killed man during robbery, indictment alleges
According to prosecutors, Hart and a woman named Marshel Busby planned for Hart to rob Benitez-Rodriguez after the intended victim agreed to have sex with Busby for money. Hart then killed Benitez-Rodriguez during the robbery, an indictment alleges.
Prosecutors filed a notice of intent to seek the death penalty in March, citing factors that included a prior criminal case in which Hart was convicted of strangling Busby, allegations that he sexually assaulted and sex trafficked another person and the fact that the killing occurred at the busy intersection of West Utah Avenue and Commerce Street, potentially endangering others.
Marchese, Hart’s attorney, said after court that it is a “terrible idea” for Hart to represent himself.
But Hart, who repeatedly talked over the judge during his hearing, argued that having a speedy trial and representing himself were “what’s best for me.” He said he believed that he could prove his innocence.
Leavitt reminded him that as the defendant, he did not have to prove anything.
“I know (the) only thing I got to do is show up, but further than that, what they don’t know is when I was a kid, I wanted to be a lawyer and I feel like what they’re going to have to do is they’re going to have to beat me on a two-way street, because I’m going to prove my innocence,” Hart replied.
Later in the hearing, Hart added: “The only thing that these people have against me is two statements.”
The judge said she was concerned by that assertion, because prosecutors said they found DNA at the crime scene.
Marchese said Hart’s DNA was found on a condom. Hart said he had used the condom to have sex with his girlfriend.
After court, Marchese said both Hart’s DNA and the alleged victim’s DNA were found on the condom at the crime scene.
Some evidence in the case, including digital evidence, is still not ready, prosecutors said in a Friday filing.
“He does not have all the evidence,” Marchese told the judge. “I don’t have all of the evidence.”
‘She’s given a truthful account’
A key player in the case may also be poised to testify against Hart.
Busby testified to a grand jury that prosecutors offered her a deal in which she would plead guilty to conspiracy to commit robbery and robbery and they would retain the right to argue at her sentencing. In exchange, she said, she would agree to testify against Hart.
Records show a plea agreement for Busby was filed under seal in March.
“My girlfriend, the woman that I was in love with, said all these bogus things to save her own skin,” Hart said in court.
“She’s given a truthful account of the events in question,” said Robert Draskovich, Busby’s attorney.
Hart’s case poses a “very unusual situation,” said attorney Scott Coffee, a retired public defender who has extensive experience litigating death penalty cases.
Capital cases frequently take a long time to prepare, because they require attorneys to extensively investigate a defendant’s background to find mitigating evidence.
“There’s no way that happens in 60 days,” he said.
Additionally, he said, defendants acting as their own attorney have difficulty understanding the law and may be disconnected from the reality of the case.
“The outcomes when these individuals represent themselves are generally not good,” Coffee said.
He added that Leavitt’s decision to have Hart evaluated for competency was appropriate. Without such an evaluation, he said, “I think you are asking for a reversal.”
Hart indicated that he planned to pursue action against those involved in his case.
“When it’s done, I want bar numbers,” he said.
Leavitt and Pesci gave him theirs.
“Write it down,” said Pesci.
“You’ll never work again,” Hart said.
“You’ve got to calm down,” Leavitt told him.
Contact Noble Brigham at nbrigham@reviewjournal.com.
