Politics & Government

Murder Defendant, Warned that Fasting May Waive Trial Rights: 'I Opt for God'

Albrecht Muth's trial, set for March 25, may be delayed.

DC Superior Court Judge Russell Canan Thursday told attorneys involved in the Viola Drath murder trial that he may consider defendant Albrecht Muth's ongoing fast as a voluntary waving of his right to physically appear in court on March 25.

Muth's on-again, off-again fast, which he claims he is undergoing for religious reasons, has resulted in his very fragile physical status. His treating physician Dr. Russom Ghebrai said the mere act of moving Muth from a prone position to a seated position causes his heart rate to accelerate and dizziness. Ghebrai said he would not recommend moving Muth from the hospital to the courtroom.

After detailing several legal precedents that explore somewhat similar issues to the legal questions involved in the Muth case, Canan said he believes "there is authority to proceed in these circumstances." He also said the court has the ability to allow for Muth's "technological presence" via a live video feed to the courtroom.

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"We are in uncharted territory," Canan said, asking both defense and prosecution counsel to consider his inclination and offer their own opinions next week. 

Muth was found competent to stand trial in December and directly thereafter began a fast in which he does not eat or drink. However, his doctor indicated he does from time to tome seem to stop fasting and will eat ice cream or a sandwich.

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Canan advised Muth that he should begin eating so that he can be physically present in court. Canan said it is his desire that Muth be able to be present in court and be able to defend himself, as Muth previously requested.

When Canan asked Muth whether he understood his rights—to be physically present at all stages of the proceedings, to face his accuser—to which Muth replied via phone from his hospital room, "I hear what you are saying."

Canan told Muth that if he continued his fast, the court may consider that Muth "knowingly, intelligently and voluntarily" waved his rights as stated above.

Muth said he felt faced between the choice of having to deal with "secularites" or embracing "the heavenly host" in being told to give up his fast.

"With all due respect, I opt for God," Muth said.

Canan proceeded and again reminded Muth that engaging in disruptive behavior—such as absenting himself from the court—could forfeit his right, though the judge said he was open to changing his mind should Muth end his fast and regain health.

"It is really like talking to a deaf mute," Muth responded.

Muth told said Canan did not understand faith, adding that he lived in a religious world and Canan lived in a secular world, "Never the twain shall meet," he concluded.

Before Canan indicated he would like to proceed with the March 25 date, Assistant U.S. Attorney Glen Kirschner said he wanted the court to consider vacating the trial date so that he could file a motion to explore constitutionality of the option of offering a live video feed. He did not respond to Canan's inclination to proceed, but is expected to next week. 

Defense counsel Dana Page presented another issue that may delay the proceedings: independent DNA analysis could take four weeks and the lab just received the DNA Monday.

Canan with some sighing said it would be "very disappointing" if the DNA testing is the issue that ultimately delays the trial. Canan was unwilling to change the date immediately.

"We'll see," he said.

The court will hold another hearing March 19 at 10 a.m. to consider the outstanding legal issues.

Read more on the Albrecht Muth proceedings:

  • Prosecutors Seek to Include Muth's Past Crimes in Murder Trial
  • Muth 'Exits the Stage' During Pretrial Hearing
  • 'No Way' Murder Defendant Would Get a Fair Trial in DC


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