'I represent myself,' man accused of killing Fort Myers cop says in court 4 days before trial

Editor's note: This story has been updated to clarify the hearing was on the motion presented by defense counsel to leave the case.

A Lee County judge will decide by Friday afternoon whether the lawyers of a man accused in the 2018 killing of a Fort Myers police officer can withdraw from a trial set to begin Tuesday.

Facing a possible death sentence and alternating between saying "God is my lawyer" and "I represent myself," defendant Wisner Desmaret, 33, repeatedly declined to have Judge Robert J. Branning appoint alternative counsel as the judge decides whether to grant counsel's motion to withdrawal.

Branning made repeated offers, clearly spelling them out, over about 40 minutes of discussion that included a five-minute recess.

He stressed that due to the "gravity of consequences and the complexity of the case," he wouldn't make an immediate decision.

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Desmaret continued to say he didn't want new counsel.

"I told (Andrew Crawford and Richard Watts) I prefer to fight for myself," he said. "I’m the one that’s gonna do the time if I lose or anything bad happens. If I’m carrying the load, I’m carrying my load. They ain't."

Branning's decision on the motion could lead to other possibilities, including allowing Desmaret to represent himself; appointing new counsel; appointing provisional counsel  while Desmaret represents himself; or continuing with the current lawyers.

"I can appoint another attorney, but it would not be either of these two gentlemen," Branning said. "Candidly ... I don’t know who."

What happened on July 21, 2018?

Desmaret is accused of killing Adam Jobbers-Miller on July 21, 2018. Jobbers-Miller was pursuing Desmaret for the alleged theft of a cell phone when Desmaret grabbed the officer's gun during a scuffle and shot him, according to police. Jobbers-Miller died days later at Lee Memorial Hospital from his injuries.

Desmaret, who also was shot in the scuffle, almost immediately acquired Crawford and Watts as his defense counsel, with Branning pointing out it had nearly been four years to the day.

"In that time period, I am unaware that there was a prior conflict," Branning said.

Crawford, whom Desmaret called "a snake" at a pretrial hearing Tuesday, told Branning that between the hearing and when he filed a motion Wednesday asking to be dismissed as the attorney of record, an incident occurred that made him, Watts and any other members of his group ineligible to represent Desmaret.

Desmaret had entered the courtroom quiet and shackled, flanked by three assigned officers to join three court officers. He sat at the end of the defense table, the half-dozen officers around him in a semi-circle within about 3 feet.

The accusations he made against Crawford and Watts had included "completely inaccurate statements," Crawford said.

Wisner Desmaret accused his lawyers of sleeping in court, using drugs

Desmaret had accused his lawyers of sleeping in court and using drugs, which Branning said he found untrue. He also said the accusations of failing to provide expert witnesses, prepare depositions, provide discovery or regularly meet with Desmaret were false.

State Attorney Amira Fox, 20th Judicial Circuit, will prosecute the case. She voiced concerns about possible ramifications of allowing counsel's motion: who could determine whether Desmaret was capable of defending himself, an inconvenience to witnesses, the time from the offense to trial and the timing of the motion.

"The state feels that all the accusations made by Mr. Desmaret were not correct and the defense has stated in motion that they've done all the things they needed do," she said.

Because of attorney-client privilege, the specific reasons for dismissal were not revealed in open court, with Crawford saying they had discussed the matter with their superiors and "all were of the opinion it was not resolvable" as a conflict of interest.

"I don’t pretend to understand the granular nature of the context," Branning said before asking if there was any way counsel could continue its duties. They said there was not.

Desmaret had also inquired Tuesday about representing himself.

"I know my enemies," Desmaret responded when reminded. "I think I can represent self."

He then looked side-eye at Watts, smiled and shook his head.

In deciding to not immediately rule, Branning questioned Desmaret's abilities including previous hearings in which some questions were translated to Creole.

Desmaret said he could read and write English and occasionally had issues with certain words.

"Some words I don’t know but look up," he said.

He told Branning he hadn't attended other trials but had "watched Court TV" and was familiar with the process. When asked about his mental health, Desmaret said he found the question personal and he did not want to discuss it.

Desmaret had several trial delays to judge his mental state, and Crawford said he planned to launch an insanity defense.

"My belief at that time that Mr. Desmaret possesses neither education nor legal acumen to represent himself, but under reading of rule, he has ability to represent himself," Branning told the court

Desmaret concluded that he didn't want assistance and understood the ramifications.

"I want to represent self," he said. "Only choice is of keeping none of them. I trust myself more than anybody. I trust God."

This article originally appeared on Fort Myers News-Press: Man facing trial in Fort Myers police killing supports lawyers quitting