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Judge warns about self representation

Tells defendant in murder case being a lawyer is not easy

YOUNGSTOWN — With only two weeks go to before Brian Donlow Jr. goes on trial for aggravated murder while serving as his own lawyer, Judge Anthony D’Apolito of Mahoning County Common Pleas Court on Tuesday told Donlow his lack of legal experience is creating problems already.

Donlow, 26, is scheduled for trial April 27 in connection with the Nov. 18, 2018, shooting death of Christopher Jackson, 21, of Warren, and the wounding of a second man.

During the final hearing before the trial Tuesday, Donlow stood before the judge and asked about a request Donlow made in a recent filing for Youngstown police Detective Kurt Hileman to be subpoenaed to appear during his trial.

But the judge said Donlow had done a couple of things incorrectly.

“The court did receive a motion to subpoena, which is not actually the way that is done,” the judge said.

First, Donlow did not provide a copy of the request to the prosecutor’s office.

“Whenever you file any type of motion at all, the (prosecutor’s office) has to get a copy of that motion. It has to be served. That’s the rule,” D’Apolito said.

Second, obtaining a subpoena is not done by filing a motion with the judge.

“For a subpoena, it’s not done by motion. Attorney (J.P.) Laczko would be able to, if he were your lawyer, have witnesses you wanted subpoenaed and have a process server and have everything done correctly,” the judge said.

Laczko is serving as Donlow’s “standby attorney,” meaning Laczko will be ready to serve as Donlow’s attorney if at some point Donlow decides he wants Laczko to do that. Laczko was in court Tuesday with Donlow.

The judge’s bailiff said the clerk of court’s office was supposed to send Donlow the proper form to fill out so he could request a subpoena.

Donlow said he did not receive the form.

“This is a preview of what you are in for,” the judge said of having not followed criminal procedure.

“This is just one witness on a subpoena. This is elementary stuff. If you go to trial — and if I had not scheduled this pretrial today, which I did not have to do — you would be wondering” why Hileman was not available to testify, the judge said.

“I would again ask you to re-examine your position about not having a lawyer in this matter. You will get notice from the clerk on how to get your subpoena. I don’t know when. I don’t control them.

“And then you have to issue it the correct way. So I can’t be your lawyer. I can’t tell you anything more than that. All I can tell you as of right now is (Hileman) is not subpoenaed,” the judge said.

Donlow replied, “OK, I’m still ready for the trial the 27th, your honor.”

D’Apolito said if Donlow changes his mind about representing himself to get word to the judge’s bailiff or Laczko. “And I will put him back on the case for you. We’re not going to talk again until the 27th.”

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