Killer asks for new trial, reversal stuns victim's family

"I think there is a need for humans to have some control over their environment and life and maybe this is it for him," Martel said. "If this is how he gets his last 15 minutes and his day in the sun, fine. We all see him for what he is - a nightmare-inducing punk with a gun."

Scanlan, 26, told a judge yesterday morning that he wanted "to fire himself" and rehire his two court-appointed attorneys to represent him in a second jury trial. The decision decreases his chances of getting sentenced to death. It also requires witnesses to testify again, including Martel.

"He gets us all geared up and makes us look like fools," Martel said. "He's toying with a lot of people, but he's not toying with me."

Scanlan confessed to a dozen felonies including the shooting of a police officer, but is only facing death for the Oct. 11, 2002 murder of Alice Martel. Martel, 34, was shot in the abdomen during a takeover robbery of Wells Fargo Bank in Burlingame. Martel, the branch manager, died hours later at Stanford Medical Center. She left behind two young sons and a husband.

Last month, a jury failed to agree on a punishment for Scanlan after he repeatedly asked for the death penalty. When the District Attorney's Office decided to retry the case, Scanlan said he would be his own attorney - virtually guaranteeing no witness testimony, a speedy trial and nearly securing the death penalty. He reaffirmed his stance Tuesday in front of Judge Robert Foiles.

Although Foiles and both teams of attorneys continuously informed him his decision would increase his chances of being put to death, Scanlan said he didn't care - until yesterday.

For eight months since his arrest, Scanlan led people to believe he wanted a quick death and continually apologized to the Martel family. In the first trial, he told the jury he wished to give his own life for Martel's and give some closure to her family. Now all parties involved are unclear whether Scanlan will continue to ask for the death penalty.

"He has shown by his conduct today that there is no sincerity here, he is playing a game," said Chief Deputy District Attorney Steve Wagstaffe.

Scanlan referred to memos he received this week from the DA's office about waiving his right to a jury as a reason for changing his mind. The memos offered Scanlan a clear understanding of the legal process that he didn't understand before, said former defense attorney Cliff Cretan who will now take on the case again.

"It bothers me that the DA thinks he's doing this for attention. They should be glad that he has a lawyer. That was not going to be the right process," Cretan said.

Cretan was at yesterday's hearing as a spectator since he was officially removed from the case on Tuesday. Scanlan's announcement came as both a surprise and relief to him. His family was pressuring Scanlan to have a full trial with better chances at life in prison, Cretan said.

By representing himself, Scanlan could have been sentenced in far less than one day as opposed to the 60 court days used in the first trial earlier this year.

Martel agreed to testify again in the second trial scheduled for Sept. 7. Although Martel has already heard the testimony, he said he'll attend the trial to hear Wells Fargo witnesses recount their experience as a sign of solidarity. He remains a strong supporter of capital punishment, but admits he'll have to learn to live with whatever the next jury decides.

Dana Yates can be reached by e-mail: dana@smdailyjournal.com or by phone: (650) 344-5200 ext. 106. What do you think of this story? Send a letter to the editor: letters@smdailyjournal.com.