State v. Dean. By unfairly putting defense counsel back on his heels, the judge undermined the integrity of the process. Lead paragraphs:
{¶ 1} This case involves a defendant's Sixth Amendment request to represent himself, which was denied by the trial judge because the request was viewed as involuntary. Yet the trial judge's bias against and threats to defense counsel created the involuntary nature of defendant's choice. Counsel stated that they could no longer fully represent their client because the judge had made statements against them. This unusual conundrum had caused counsel to be apprehensive, anxious, and preoccupied over the judge's intentions. However, the judge refused to allow them to withdraw from the case. The defendant, seeing the drama between the judge and his counsel unfold, believed that adequate representation from these attorneys was impossible. Thus, he asked to represent himself. The judge refused the request because the defendant had stated that he was "under duress." But the judge himself had created that duress. This dilemma permeated the entire trial.
{¶ 2} This court has a responsibility to preserve the integrity of the criminal justice system, which includes a duty to ensure that all defendants have received a fair trial from an impartial judge. Where the record demonstrates that such has not occurred, the remedy is a new trial. We are mindful of both the anguish suffered by the family and friends of the victims and the substantial evidence of defendant's participation in a senseless murder. Yet based on the highly extraordinary facts of this case, we are required to reverse the convictions, vacate the death sentence imposed on defendant-appellant, Jason Dean, and remand this case for a new trial. To that end, our decision follows.
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