Case 3:16-cr-00051-BR

Document 971

Filed 08/02/16

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MATTHEW SCHINDLER, OSB# 964190

501 Fourth Street #324
Lake Oswego, OR 97034
Phone: (503) 699-7333
FAX: (503) 345-9372
e-mail: mattschindler@comcast.net
STANDBY COUNSEL FOR DEFENDANT KENNETH MEDENBACH

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON
UNITED STATES OF AMERICA,
Plaintiff,

Case No. 3:16-CR-00051-16-BR

MOTION TO ALLOW HYBRID
COUNSEL

vs.
KENNETH MEDENBACH,
Defendant(s).
Defendant, Kenneth Medenbach, through standby counsel, Matthew
Schindler, moves the Court for an order allowing current standby counsel to assume
a hybrid representation during pretrial conferences and the jury trial.
1. Prior hybrid representation in in Case No. 1:15-CR-00407-1:
Mr. Medenbach and standby counsel have already conducted a trial involving
hybrid representation before Judge McShane in 1:15-CR-00407-1. In that trial,
counsel handled arguments concerning pretrial legal matters and motions in limine.
Counsel and Mr. Medenbach jointly exercised preemptory challenges. Mr.
Medenbach gave a very brief opening statement and then all witness examination
and exhibit handling was done by counsel. Mr. Medenbach took the stand and

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counsel conducted direct examination of him. Finally, Mr. Medenbach gave a very
short closing argument. The crucial issue for Mr. Medenbach was being able to
direct trial strategy. Consistent with Mr. Medenbachs right of self-representation,
counsel did not undertake any trial strategy without Mr. Medenbachs consent.
2. Mr. Medenbach wishes hybrid counsel in US v. Bundy et al.
Whether to allow hybrid representation remains within the sound discretion
of the trial judge. United States v. Halbert, 640 F.2d 1000, 1009 (9th Cir. 1981).
After participating in that trial, it was evident to Mr. Medenbach the value in having
counsel responsible for the mechanics of trial.
In this instance, Mr. Medenbach wishes hybrid counsel to conduct all of the
pretrial conferences except to the extent the court is addressing a motion filed by
Mr. Medenbach. As he did in the last trial, he wishes to participate with counsel in
jury selection. He requests that hybrid counsel conduct the entire trial including
opening, closing arguments, cross examination of witnesses, direct examination of
any defense witnesses, handling exhibits, making objections, and dealing with jury
instructions. He also wishes to continue to direct trial strategy.
There is no question that this proposed hybrid counsel relationship will
further the administration of justice in a complicated case with other pro se
defendants and nine total co-defendants. Handling exhibits in federal court is
challenging for attorneys, expecting a pro se defendant to manage that without
causing significant delays is expecting a lot. The same is true of questioning
witnesses. This proposal preserves Mr. Medenbachs right of self-representation
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and will expedite the trial by avoiding the issues noted above. The government does
not take any position on defendants motion.
3. Conclusion:
Based on the foregoing, Mr. Medenbach requests the court exercise its
discretion and sign the proposed order allowing the hybrid counsel relationship
consistent with his right of self-representation.

Respectfully submitted on August 2, 2016.

Kenneth
Medenbach
Matthew A. Schindler, OSB#964190
Standby counsel

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Kenneth Medenbach
Pro Se Defendant