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counsel, the court would appoint Jacke or Miller as such.  The court would not, however, reappoint Jacke and Miller as defendant’s attorneys.  Defendant said he understood, though the court’s intentions regarding advisory counsel appeared different than on the previous day.  Defendant continued, “nevertheless, my feeling is the court has determined it would not appoint Mr. Jacke or Mr. Miller as my attorney.  That’s when I decided not to continue with pro per status.”  

The record makes plain that defendant’s decision to withdraw his Faretta motion was not the product of confusion regarding the court’s willingness to appoint Jacke as advisory counsel.  Though on April 21 the court had suggested such an appointment was unlikely, on April 22 the court twice expressly stated that if defendant represented himself he could choose either Jacke or Miller as advisory counsel.  Defendant twice indicated that he understood the court, but nonetheless wished to withdraw the motion.  It was the court’s unambiguously expressed unwillingness to consider future reappointment of Jacke and Miller as defendant’s attorneys should he desire to terminate his self-representation, rather than its intentions regarding advisory counsel, to which defendant alluded in explaining his decision not to seek in propria persona status.

In withdrawing his motion, defendant also noted that he understood from counsel that the court had indicated it was amenable, as an alternative to self-representation, to “providing [him] some material to help prepare the case.”  The court agreed that appointed counsel could obtain “certain law textbooks” and other unspecified materials and that the court, or the department that had appointed counsel, could make an order allowing defendant to have such materials.  Counsel subsequently sought, and in part received, permission from the court for defendant to have law library access and to keep research materials and a typewriter in his jail cell.  

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