A Two Harbors man convicted of the 2007 armed robbery of a Congdon Park home was transported from prison to court Thursday to say whether he intends to testify at the trial of alleged accomplice Ian Guzzo.
But David Earl Schiller threw a curve by telling the court he wanted to fire his private attorney and represent himself. He also asked for a week to prepare a legal brief on the matter.
Schiller is serving a 9½-year prison sentence for orchestrating the home invasion, in which he and another man terrorized a mother and her 9-year-old son at gunpoint after getting a map of the home allegedly drawn by Guzzo. Schiller was transported to Duluth from the Moose Lake prison.
The attorney Schiller fired, Kevin Gregorius, took part in the hearing by speaker phone. He told the court that he had advised Schiller not to represent himself. He also said that Schiller told him he
wouldn't be testifying at Guzzo's trial "primarily for reasons of personal safety.''
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Judge Shaun Floerke gave Schiller until Monday to submit his brief. He also appointed standby counsel if Schiller decides he wants a public defender.
Schiller has previously said he intended to invoke his Fifth Amendment right against self-incrimination and not testify at Guzzo's trial while his own appeal was pending.
Guzzo, 20, of Two Harbors is charged with two counts of aiding and abetting first-degree burglary and one count of aiding and abetting kidnapping for his alleged role in the Aug. 30, 2007, incident. He is accused of taking part in the planning of the crimes and of providing a map of the inside of the home for his two alleged accomplices.
Prosecutor Mark Rubin has subpoenaed Schiller to testify at Guzzo's trial.
