Lake Merritt BART murder suspect serves as his own attorney in key hearing, with predictable results

OAKLAND — A 46-year-old Oklahoma native charged with murdering a man outside the Lake Merritt BART station last August shocked everyone with a surprise announcement at the start of a key pretrial hearing.

Juan Andres Martinez announced at the start of his Nov. 13 preliminary hearing that he wished to serve as his own lawyer in a case where he faces 27 years to life if convicted. Though his education is limited to a high school diploma from Midwest City, Okla., Martinez assured Judge Rhonda Burgess that he had experience working in “finance, tech companies, television and film production” that would help him navigate the complex legal world.

But by the end of the hearing, Martinez may have learned that some things are better left to professionals.

“I don’t know if this is the time that I would make the argument that, yes, there was an altercation and I was being threatened,” he started saying, before Deputy District Attorney Jake O’Malley cut Martinez off with an objection.

“There is not any evidence that you submitted in terms of your actions on that day, so you can’t argue that,” Burgess said, then waited to see if Martinez would give her a reason why she shouldn’t uphold the murder charge that day.

“Okay. Then, no,” Martinez replied, allowing his charges to stand without argument.

Any criminal defendant has an absolute right for self-representation, though few choose to use it. Those who do are often cautioned that they’ll most likely lose the case and be given no special treatment for their ignorance of the legal system. As is typical for these scenarios, Burgess questioned Martinez to make sure he was “fully aware of the danger” of being his own attorney before the hearing began.

During the preliminary hearing, prosecutors offered evidence implicating Martinez in the Aug. 8 shooting that killed Kvaughn Miller, but no clear explanation of a motive.

One eyewitness did claim that Miller was yelling at Martinez, calling him a “lowlife,” before the shooting. But that same witness also volunteered that he was “mentally ill,” insisted the shooting happened only a couple of weeks back, and went on unclear tangents. For example, he said, “I tried to stop him from what happened because, you know, I can see the S-O-S or signal or something, you know.”

BART police investigators testified that evidence, including video surveillance, established that Martinez shot Miller a little before 3 p.m. that day, and that after the shooting Martinez fled by scooter. When police caught up and arrested him, he allegedly said, “I’m that guy” and “someone tried to rob me today.”

During cross-examination of BART police Detective Michael Polcar, Martinez referred to himself in the third person as “the defendant” as he asked Polcar what the video evidence shows.

“You stood in front of him, he touched your scooter, facing away from you, and that’s when you shot him and he dropped,” Polcar replied. “That’s what it looked like to me watching the video.”

After being booked in the jail, Martinez called his then-girlfriend with a request that she look up a “Second Amendment attorney” for him to hire, and he reiterated the self-defense claim, according to police testimony.

Martinez remains in jail on a no-bail hold, with his next court date set for February, court records show. A trial date has not yet been set.