Judge Michael L. Ravin permitted Kevin Roberts to act as his own attorney on charges in the fatal carjacking Watch video
NEWARK -- As he considered whether to allow Kevin Roberts to represent himself on charges in a fatal carjacking at The Mall at Short Hills, Superior Court Judge Michael L. Ravin on Friday wanted to make sure Roberts understood the risks involved.
The judge noted how Roberts has no legal training and is unfamiliar with the rules of evidence and court procedures. Roberts also would be facing "an extremely well-trained team of prosecuting attorneys," the judge said.
"And in this fight for your life, you will be entirely responsible for your own mistakes, like an attorney," Ravin told Roberts, adding that "you're going to be treated like an attorney and you don't have the training of an attorney.
"It's a risk," the judge added. "Do you understand that?"
But Roberts indicated he was unhappy with his attorney and was willing to take a chance on himself.
"I'd rather take the risk than have a counsel that's not gonna fight for me," Roberts told the judge.
The judge ultimately permitted Roberts, 35, of Newark, to represent himself after determining he understood the nature and consequences of waiving his right to counsel and that his decision is "knowing and intelligent."
Ravin said Roberts's attorney, Albert Kapin, would be appointed to serve as standby counsel and could assist Roberts in communicating with prosecutors and the attorneys representing his three co-defendants, Karif Ford, Basim Henry and Hanif Thompson.
"I think you're making a big, big mistake, Mr. Roberts," the judge said.
The four defendants are facing murder, carjacking and related offenses in the Dec. 15, 2013 fatal shooting of Hoboken attorney Dustin Friedland at the upscale mall in Millburn. His widow, Jamie Schare Friedland, is pursuing a lawsuit over the killing.
The Office of the Public Defender in Essex County assigned Kapin to represent Roberts and, following Roberts's criticism of Kapin, the office has indicated it will not assign a different attorney to represent him, according to the judge. The office has said it has "complete confidence" in Kapin's legal abilities to represent Roberts, the judge said.
Roberts also said he cannot afford to hire a private attorney.
During Friday's hearing, Kapin said he has advised Roberts against representing himself and told the judge, "I would be better representing him than he would be representing himself."
But Roberts argued he'd "do a better job of representing myself than Mr. Kapin has done thus far." Roberts claimed Kapin has refused to pursue motions that Roberts is seeking in the case.
"I would rather represent myself than go to trial with what I believe to be inadequate counsel," Roberts said.
Bill Wichert may be reached at bwichert@njadvancemedia.com. Follow him on Twitter @BillWichertNJ. Find NJ.com on Facebook.