Clayton Phillips, 19, Requested to Represent Himself in His Murder Trial
“I’m going to be institutionalized, so I might as well go to prison. It sounds like the best place to me.” – Clayton Phillips
“I may be crazy, but I’m not insane.”
Those were the words Clayton Phillips, the 19-year-old charged in the January 2014 murder of his 81-year-old grandmother, uttered to Geauga County Common Pleas Court Judge Forrest Burt on Tuesday afternoon.
Phillips was in court because he had sent the court a request to withdraw his earlier plea of not guilty by reason of insanity and to represent himself at trial.
Geauga County Public Defender R. Robert Umholtz, who was previously appointed Phillips’ lawyer, sat with him at the table.
Phillips was indicted on nine counts for the brutal stabbing of Ruth Phillips on Jan. 20, 2014, in her Russell Township home. She was stabbed 41 times and found in the basement of her Cloverridge Road home.
Following a more than 40-minute hearing, Burt said he would allow Phillips to withdraw his NGI plea.
“We will proceed with you representing yourself. Mr. Umholtz will be appointed in a backup capacity,” the judge said, making clear to Phillips there would be no “tag teaming” with Umholtz. “You don’t get to ask some questions and then have him ask.”
Umholtz is permitted, however, to suggest questions to Phillips to ask, the judge added.
“How soon do you think you can be ready for trial?” Burt asked Phillips.
“Give me about a month, a month and a half,” he answered, adding he needed access to a computer at the Geauga County Safety Center to type his briefs and other documents such as an opening statement.
“I’ve been practicing for five months getting ready,” he said.
Phillips also said he would be filing a motion to transfer the case from Geauga County. Burt gave him two weeks to file it.
Earlier, Burt asked Phillips why he wanted to exercise his right to represent himself.
“I just think I can have a better case and I think I can do it to the best of my ability,” he told Burt, referring to the judge on two occassions as “man.”
Phillips told the court he graduated high school when he was 16 and was attending a community college in Texas before he went to “juvenile.”
“Ever since then, I’ve just been in trouble,” he said.
Phillips said his mother had always paid for an attorney to represent him in prior cases, “but this is a high-profile case.”
Despite his lack of legal experience, Phillips told Burt he felt he could best explain to the jury everything that happened.
“I just think I can do it better and I think I can convince them of the truth of the charges,” he said.
The judge seized on that statement, stating Phillips just said he intended to convince the jury that he committed aggravated murder, murder and other offenses.
“Is that what you want to do, convince the jury that you committed those crimes?” Burt asked.
“I refrain to comment on that, sir. That seems a little like a setup. I’m sorry I won’t answer that,” replied Phillips.
Burt also asked Phillips how he intended to cross-examine more than 20 prosecution witnesses at trial and present any defenses he might have to the charges.
“We don’t do a hybrid. It’s all or nothing. You either represent yourself or an attorney represents you,” the judge explained. “So, you don’t tag team.”
Phillips said it was “kind of weird” what he wanted to use as his defense, but explained he didn’t want to “throw my cards on the table for the prosecutor.”
The judge also explained Phillips is facing life in prison if convicted and cannot later claim ineffective assistance of counsel.
“Your life’s at stake,” Burt told Phillips.
“I don’t really care if I get life or not, man,” he answered. “Your honor, I just think I can do the best job. That’s what I think.”
In addition to representing himself, Phillips said he wanted to withdraw his insanity plea.
“I pretty much know right from wrong,” he told Burt, explaining it is too hard to convince someone he doesn’t know right from wrong. “I have mental issues, but it’s too hard.”
While Phillips said he is bipolar and has a number of mixed diagnoses, “I don’t think I can get it (insanity).”
“There’s no point in pursuing it anymore,” he told the court. “If the first one (court-appointed psychiatrist) hadn’t found me insane, why would the second one? If you’re insane, you’re pretty much insane. I may be crazy, but I’m not insane.”
Phillips added if he had been found insane, he could be sent to a mental hospital possibly for life.
“It’s the same as prison. There’s really no difference if you think about it,” he told Burt. “I’m going to be institutionalized, so I might as well go to prison. It sounds like the best place to me.”
When asked about the dangers of being physically abused in prison, Phillips, who stands 5 foot, 7 inches and weighs 200 pounds, replied, “I can handle myself, sir.”
Also, by waiving his insanity plea, Phillips said he wished to resume his right to a speedy trial.
“Honestly, if I get convicted, I’ll ask for life without parole,” he said.
Geauga County Prosecutor Jim Flaiz declined comment, telling the court that Phillips would be well served to have Umholtz represent him, but said it was Phillips’ decision to make on his own.
Prior to the murder of his grandmother, Phillips, who moved to Ohio to live with his grandmother in August of 2013, was serving a 180-day sentence in the county jail after being convicted of a first-degree misdemeanor theft as well as unauthorized use of a vehicle.
He was released after serving 60 days and within two hours of being released from jail, he had his grandmother drive him to the Chardon Walmart, where Flaiz said he is seen on videotape purchasing one of the murder weapon.
A friend of Ruth Phillips had been trying to reach her since the night of Jan. 20 and became concerned for her welfare.
The female friend called the Geauga County Sheriff’s Office at 6:48 p.m. to request a welfare check on Ruth. She said she had spoken to Clayton on the phone several times and he was giving conflicting reasons why his grandmother could not come to the phone.
Two Russell Township police officers responded, entered the residence and found Ruth Phillips dead.
Phillips was later taken into police custody at a home on Lake Shore Drive in Little Punderson in Newbury Township around 1:45 a.m. Jan. 22.
