Frei to defend himself in pre-sentence hearing

The Yuma man recently convicted of two counts of aggravated harassment told Superior Court Judge Andrew Gould Tuesday that he wanted to represent himself in his upcoming sentencing hearings.

Facing six to nine years in prison if he is sentenced to consecutive terms, David Donald Frei explained to the court that he wanted to waive his right of counsel because the circumstances of his case are "so convoluted," and he knows them better than his court-appointed attorney.

"I would like to try," Frei said of acting as his own attorney. "I haven't been satisfied with my representation."

An eight-person jury convicted Frei of the two counts of aggravated harassment after a three-day trial before Gould on May 22. He was originally indicted on the charges in October of 2007.

Both convictions carry prison-mandatory sentences.

The harassment charges stem from violating a court order of protection taken out against him by an ex-girlfriend. Each count of the harassment, which is a Class 6 felony, also carries a 3 to 4-1/2 year sentence.

Gould spent about 20 minutes discussing the decision with Frei, including warning him about the “disadvantages and pitfalls” of self-representation.

"You can change your mind at any time," Gould said. "Tell me you want an attorney and I will appoint one."

Frei, who completed high school and only attended some college, said he will use the Yuma County jail's law library while in the jail to prepare for the hearing.

Gould reminded Frei that preparing for aspects of the hearing, such as taking depositions of witnesses will be greatly complicated since he is in custody.

Gould eventually granted Frei's request to act as his own defense at his sentencing hearings, but also appointed attorney Matthew Marner, who had been representing Frei, to act as his "advisory council" to provide legal advice.

Frei was originally scheduled to be sentenced on Tuesday, but the judge postponed it until Sept. 28, to allow him time to prepare for the pre-sentence hearing.

A pre-sentence hearing is a hearing where prosectors and the defence submit relevant information to assist the judge in determining an appropriate sentence.

The defense presents information in an attempt to have the sentenced reduced, while the prosecution attempts to have it increased.

In June 2003, a jury in Superior Court convicted Frei of child abuse and sentenced him to 4-1/2 years in prison for telling his then 7-year-old daughter to swallow a Clonazapam pill, a prescription sleeping medication, during a visit to his home.

However, that conviction was overturned in 2005 by the Arizona Court of Appeals and remanded back to Yuma County Superior Court for further proceedings.

A Yuma County Superior Court judge later dismissed the child abuse case against Frei after a prosecutor said the county attorney's office would not seek a new trial.

Also, Frei had filed a suit in Yuma County Superior Court in December 1997 alleging that Robert Trupia, formerly a monsignor and associate pastor at St. Francis of Assisi Catholic Church, molested him on several occasions while he was a student at St. Francis School from 1973 to 1974.

The case was settled out of court in 2002 and church officials in Tucson stripped Trupia, who had already been suspended in 1992, of his priesthood.

According to The Sun's archives, Frei's settlement was for $1.7 million. He was awarded the settlement a year before he went to trial.