D.C. judge questions Gorbey’s decision to act as own attorney

The presiding judge in Michael Gorbey’s trial questioned Gorbey’s decision to defend himself from charges of manufacturing explosives and carrying a loaded shotgun near the Capitol earlier this year.

At a pre-trial hearing on Tuesday, D.C. Superior Court Judge Gregory Jackson said he thought it might be to Gorbey’s advantage to have his lawyer question witnesses. Because he is acting as his own attorney, Gorbey and his stand-by attorney, Eugene Ohm, are planning to divide witness questioning between them.

{mosads}“I appreciate your right to represent yourself. But I encourage you to reconsider your decision,” Jackson said. “I’m going to hold you to the same standards as I would hold an attorney.”

Gorbey, as he has done before, replied that he wished to continue representing himself. He has voiced this desire repeatedly since the beginning of his case more than two months ago.

Police have alleged that Gorbey, 38, was carrying a loaded shotgun near the Capitol while walking to the Supreme Court.

Police have charged him with 14 other counts, including manufacturing explosives and possessing a weapon of mass destruction.

The latter charges were brought against him after police said they discovered several shotgun shells taped to a canister of gunpowder behind the passenger seat of the truck they believe Gorbey to have driven to Capitol Hill.

Gorbey’s trial could begin as early as next week. Jury selection, however, was expected to begin Tuesday but was pushed back, and other timing issues could delay the trial.

U.S. attorneys prosecuting the case said if the trial does not begin until Monday, one of the key witnesses they planned to call would be out of town.

The prosecution said it plans to call 18 to 20 witnesses to testify against Gorbey, leaving a large margin of uncertainty as to when Gorbey, who will be allowed to cross-examine these witnesses, will be allowed to call his own witnesses in his defense.

“I have no idea,” Jackson responded to Ohm when asked when Gorbey could anticipate calling his witnesses.

Gorbey has filed multiple motions over the past several months — for a change of venue, for the case to be dismissed and to suppress the government’s evidence. All of the motions so far have been denied by Jackson.