| MARTINEZ
Prosecutor accuses slaying defendant of disregarding legal procedure
He wants Polk's right to act as own attorney revoked
- Henry K. Lee, Chronicle Staff Writer
Thursday, March 30, 2006
Fireworks erupted again Wednesday in the murder trial of Susan Polk as the prosecutor denounced her for trying to skirt legal procedures and asked the judge to revoke the defendant's right to serve as her own attorney. Prosecutor Paul Sequeira expressed his exasperation with Polk's repeated attempts to introduce evidence in the guise of questions posed to witnesses, and he called on Superior Court Judge Laurel Brady to put a stop to it. "I really don't know what else to do," Sequeira told the judge once the jury had been cleared from the courtroom. "I'm at my wits' end. At this point, it's becoming absurd." Sequeira, who has grown increasingly frustrated by Polk's tactics as she defends herself against charges that she killed her husband, said the defendant has shown a blatant disregard for legal procedures and for Brady's authority. Polk objected and asked permission to reply. Brady cut her off, saying "You have done a lot of speaking, Ms. Polk, at appropriate times and inappropriate times." Polk objected and called the trial "one-sided," a reference to her belief that Brady is in cahoots with Sequeira. "This prosecutor has gotten in everything that he has asked to introduce as evidence," Polk said. Polk, 48, stands accused of killing her 70-year-old husband during an acrimonious divorce; she at first denied killing him but later said she acted in self-defense after years of abuse. Brady did not revoke Polk's right to act in pro per -- the legal term for defending oneself -- but made it clear that Polk would have to act appropriately. "It is not in your best interest to have me admonish you in front of the jury repeatedly," Brady said. "This is not a forum for debate." At issue was Polk's cross-examination of former Contra Costa sheriff's Detective Michael Costa, who questioned Polk after her husband was killed at the couple's Orinda home in October 2002. Polk read from police reports that the judge has barred from the trial because they contain hearsay evidence, and she asked questions based on information contained within the documents. During the morning's testimony, Polk asked Costa if he had investigated her claims that Felix Polk had been abusive. Costa replied that the only allegation he knew of had been filed years before Felix Polk's death. Later, Polk referred to an entry in her computer diary, which was seized by investigators, in which she called her husband a traitor because he had foreknowledge of the Sept. 11, 2001, terror attacks. She asked Costa if he'd heard of the Mossad, the Israeli intelligence service. Costa said yes. "Is it your understanding that Mossad agents operate in the U.S. with impunity?" she asked. Costa said he did not know. The reason for the question was not clear, but Polk's youngest son, Gabriel Polk -- who believes his mother is guilty and testified against her -- has testified that his mother is delusional and believed Felix Polk was a Mossad agent. E-mail Henry K. Lee at hlee@sfchronicle.com. Page B - 7
http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2006/03/30/BAGD9I0E101.DTL | 
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