WICHITA, Kan. (KWCH)
The man accused of raping a 7-year-old girl in June has been trying to file his own motions for months and arguing with the court that he should be allowed to do so.
A Sedgwick County District Court Judge is not considering them. The judge decided again Wednesday that Corbin Breitenbach's handwritten motions are not legal motions. And again, Breitenbach argued that decision.
"Just because I don't have a right to file a motion pro se doesn't mean that I don't have that right," Breitenbach said. "That right is just not stated in the constitution, statute or case law. Nowhere in the constitution am I denied to have an attorney by my side and also to file my own motion."
The judge told Breitenbach no one has violated his rights. The judge's decision clearly frustrated Breitenbach in court.
Wichita attorney Charley O'Hara says Breitenbach's attorneys are also likely frustrated with his handwritten motions.
"Quite frankly, a lot of attorneys don't like to put up with it," O'Hara says. "Unfortunately, sometimes when you're court appointed as some of these attorneys are in some of these cases, you don't have a choice. You have to deal with that client."
O'Hara says inmates trying to get involved in the legal paperwork is common and it can be a problem as it makes everything take longer.
"It doesn't usually make a lot of sense, but they file it and it clogs the system up," he says.
Breitenbach has said he wants a speedy trial.
Attorneys and the judge will meet next month to discuss when Breitenbach's trial will begin.
Update Friday, Dec. 15:
Corbin Breitenbach, accused of raping a 7-year-old girl in June, says the court system is intentionally slowing down his case and that his court-appointed attorneys are ineffective.
In handwritten motions, Breitenbach has made many requests from asking to be acquited of all charges to seeing certain evidence and excluding certain evidence.
Until this week, the judge has told Breitenbach his handwritten requests are not real motions. Because he has an attorney, they're only considered letters.
Breitenbach's most recent handwritten motion claims his lawyers are ineffective. It's unclear what he wants to be done at this point as his motion does not specify if he wants to represent himself or if he wants a new attorney.
This motion will be heard in front of a judge next week.
Orginal story from Nov. 28
In more handwritten letters from jail that resemble court motions, Corbin Breitenbach writes he should be acquitted of all charges.
Breitenbach was arrested in June accused of raping a 7-year-old girl. He sits in jail on charges including attempted capital murder.
Though he has a public defender, for months he's insisted on writing his own motions from jail. A judge has told him previously his writings are no more than "letters" because he cannot file motions while he has an attorney.
The most recent "letters" call for an acquittal of all charges because Breitenbach thinks he has had his rights violated.
Breitenbach writes there have been multiple violations of his, "fundamental federal and state guaranteed rights." The letters are similar to the format of actual motions and reference case law. However, they are filled with spelling and grammatical errors and make assertions the judge has already said he won't consider.
Breitenbach writes his rights to a fair trial and to be considered innocent until proven guilty have been put in jeopardy because the public is aware of the case. He writes the release of his arrest affidavit, which is a public record, means he can't get a fair jury. He also complains about evidence that he doesn't think was obtained properly.
The two most recent handwritten motions, or "letters" as the judge called them make nearly a dozen total he's written so far in jail.