Thomas MacMillan File Photo
Judge Fasano
Saying Lishan Wang is “highly intelligent” and “highly capable” to undertake his defense, Superior Court Judge Roland D. Fasano ruled Wednesday that the doctor can represent himself at his murder trial.
Dr. Wang is charged with gunning down Dr. Vanjinder Toor, his former supervisor, in Branford on April, 26, 2010. He has pressed to act as his own attorney in his case in New Haven Superior Court for the past 14 months.
The chief prosecutor, Senior Assistant State’s Attorney Gene R. Calistro, Jr., said the murder of Dr. Toor, was premeditated. Dr. Toor was a post-doctoral fellow at the Yale School of Medicine at the time he was killed. Branford police have said that Dr. Wang sought revenge against Dr. Toor, and two other physicians whom he blamed for ending his medical career at Kingsbrook Jewish Medical Center in Brooklyn.
At a probable cause hearing in April, which Dr. Wang sought, Calistro established by a preponderance of the evidence that Dr. Wang committed the Toor murder. Police say that Dr. Wang had a photograph of the victim and Google directions to his house in Branford when he was arrested. Calistro has said in court that Dr. Wang traveled from Georgia, where he lived, to Connecticut, and then lay in wait for Dr. Toor before opening fire.
Dr. Wang, 45, is also charged with attempted murder because police said he shot at Toor’s wife, Parneeta Sidhu. He missed. She came outside when she heard the shots. She will be a witness in the case. Dr. Wang now has the right to cross-examine her.
Over the months Judge Fasano has leaned strongly toward allowing Dr. Wang to represent himself but he reserved his final decision until all discovery in the case was complete and until he was convinced that Dr. Wang understood what it means to lose his public defenders. The defense now has all the prosecution evidence gathered in the case. The case has been on the docket 24 times.
Dr. Wang has not yet indicated what his defense will be. He did not share his views or his background with the public defenders who represented him over the past 20 months. Judge Fasano noted at a hearing last March that Dr. Wang, who grew up in China, is mistrustful of government attorneys, either public defenders or state prosecutors, because each is paid by the state. “He has a defense; he’s just not telling his attorneys exactly what it is,” the judge said.
It is unlikely Dr. Wang will argue that he is not guilty of the murder by reason of insanity. Nor has Dr. Wang said whether he will seek a jury trial or a three-judge trial. That decision will come later. The trial could begin some time this spring.
Judge Fasano made his final ruling after wrestling with the issue for months and after holding a long hearing last July. He said that based on Dr. Wang’s conduct and his responses to his questions, he possesses the intelligence and understanding of his case to waive his right to counsel. He said he also understands the danger in doing so. “This court has had the benefit of four different reports on the defendant’s mental competency. “ Click here to read about the psychiatric findings.
Unlike other cases cited by the judge in which defendants seeking to represent themselves were only minimally competent , he said Dr. Wang has “the capacity to conduct the trial by himself,” adding he has “a good understanding” of the legal issues. He will be aided by what is termed “stand-by counsel,” a standard practice in a major felony case. But it will be Dr. Wang who calls the shots and makes the decisions.
After the judge ruled, Dr. Wang made various requests for documents and other materials and expressed some concern about how he would obtain these materials since “my freedom was taken away by the state.” Bail in his case is set at $2 million.
Scott Jones and Tejas Bhatt, the public defenders who have represented Dr. Wang since his arrest in April, 2010, have stated from the outset they have had trouble communicating with him. They both left the case yesterday but not before Bhatt told the judge that he had advised Dr. Wang against representing himself.
Judge Fasano appointed a third public defender, Jeffrey La Pierre, who seems to get along with Dr. Wang, as his stand-by counsel. “He will advise and assist you in legal matters,” the judge said, adding “from here on in it’s your proceeding. I will direct my questions to you and to the state,” the judge said, referring to Calistro, the state prosecutor. The 40-minute session ended at 3 p.m.
At yesterday’s hearing, Judge Fasano insisted that Dr. Wang fully understand that in releasing the public defender’s office from active engagement in the case, Dr. Wang will no longer be entitled to their help in investigating aspects of the case, including finding and working with expert witnesses.
“You have to think about this, “Judge Fasano told Dr. Wang, who stood in the court in a tan jump suit, his legs in shackles. He explained to Dr. Wang that if he represents himself and needs help in investigating a matter, including calling experts, then it will be up to the judge to determine if Dr. Wang’s request is “reasonable and necessary.” The public defender’s office will no longer be involved, the judge said. This new process, the judge added, could be “slow and cumbersome.”
The judge then asked Dr. Wang to once again confer with his attorneys about this issue and its potential problems. So La Pierre held a pad in front of his face as he spoke to Dr. Wang at the defense table. Bhatt joined the conservation. A Mandarin interpreter listened in. After five minutes or so, the judge asked Bhatt if they needed more time. After saying yes, the defense went to an adjoining room and court was adjourned for ten minutes.
When Dr. Wang returned to court he held a piece of paper, with a list of materials he wanted. Bhatt said that after a discussion on the investigations issue, “Dr. Wang still wants to go pro se “
“Is that correct Dr. Wang?” the judge asked.
“Yes,” Dr. Wang replied.
At this point Calistro rose to tell the court of a handwritten letter dated Nov. 19 that he had received from Dr. Wang. The judge had read the letter, and said he found it to be articulate. The letter quoted General Joseph Stilwell on the character and personality of the Chinese people.
Dr. Wang’s letter also told Calistro that he wanted to be his own attorney in the case. He asked for all the documents “in your possession” that were relevant, once the judge decided the issue of representation. “I may also need to talk to police, forensic scientists, witnesses, etc. in the process of preparing” his defense. Bhatt had said earlier that he hoped Dr. Wang understood that witnesses in the case were free “to meet with him or not.”
After the judge ruled that Dr. Wang was, in effect, “Attorney” Wang, Bhatt told the judge he had one more thought to convey.
“I should not let you interrupt. You are no longer counsel,” the judge said, smiling.
Bhatt just wanted the court to understand, he said, “that we advised him against this.”
La Pierre, now stand-by counsel, suggested that at some point prior to trial or during trial “we might request additional time” to continue the case. But the judge dissuaded him, noting the public defender’s office had been part of this case since April 26, 2010, the day Dr. Toor was shot.
At 2:55 p.m., Judge Fasano made it official. “You are your own defense attorney, Dr. Wang.”
“Do you want to set a tentative trial date? “ the judge asked Dr. Wang.
Dr. Wang replied that he needed to complete reading all the documents in his case. He said he also needed a copy of the Connecticut Practice Book and other legal books.
Bhatt had said earlier in the hearing that the public defender’s office had already sent “a large portion” of the documents in the case to Dr. Wang. “We will send the rest to him,” he added.
Before court adjourned, Dr. Wang did a little housekeeping, as lawyers like to say. He told the judge he needed to find a way to copy materials, and so forth, not easy to facilitate in prison. Calistro and the judge indicated ways he could obtain help and he thanked them.
The judge continued the case to Jan. 10 at 2 p.m.
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I have no opinion on whether this man serves as his own counsel or not. I'm confident that the evidence in the case is overwhelming enough that regardless of who represents Mr. Wang, he will be found guilty and sentenced accordingly.
I remember when this horrible incident took place - the victim's wife, who was also shot at, was pregnant. I've thought about her since then and wondered how she and her child are doing. Ms. Sidhu, I hope you know that I have kept you in my thoughts and prayers and I know I am not the only one - your community supports you and sends you their best wishes. Please know you and your child are thought of daily by caring strangers, who want to see this case resolved in your best interest and who wish you only the best.