Appellate panel hears claim McPhillips was denied right to represent himself

Esther Garcia, counsel with the Washington Appellate Project representing Thomas McPhillips, told the appellate panel that the state and federal constitutions guarantee a defendant's right to self-representation and that the trial court should have conducted the required two-part inquiry. "The state and federal constitutions guarantee the right to self representation," Garcia said, arguing the court must first resolve whether the request was timely and unequivocal and then whether it was voluntary, knowing and intelligent.

Garcia urged the court to view McPhillips's statements in the context of the whole record, including earlier hearings and a compressed schedule after an Oct. 31 arrest and arraignment. She pointed to multiple moments where McPhillips told the court he had prepared jury questions and had "represented myself before and I am ready to move forward now," arguing those statements showed readiness. Garcia asked the panel to reverse, saying the trial court effectively ignored his requests and failed to apply the proper inquiry.