Brian Flatoff leaves Winnebago County Court after being sentenced to life in prison, May 16, 2018. PC: Fox 11 Online
OSHKOSH, WI (WTAQ-WLUK) — A state appeals court Wednesday upheld Brian Flatoff’s conviction for the Eagle Nation Cycles hostage situation in December 2015.
Flatoff, now 56, was sentenced to 100 years in prison after starting a standoff which led to police fatally shooting Michael Funk. Flatoff was convicted of multiple counts, including attempted homicide and false imprisonment.
In his appeal, Flatoff argued the trial court erred in finding that he waived and forfeited his right to counsel during trial. He also argued the court erred in appointing one of his public defenders as standby counsel.
But in a 13-page ruling Wednesday, the appeals court rejected his arguments:
We conclude that Flatoff validly waived his right to counsel. As detailed more fully above, the trial court confirmed and reconfirmed that Flatoff chose to proceed without counsel; indeed, Flatoff not only responded multiple times that he wanted to represent himself and that he read and understood the waiver-of-right-to-attorney form, but also told the court that if he had to ‘choose between the Public Defender’s Office and me, I am going to choose me.'”
The decision also rejected Flatoff’s argument he wasn’t competent to represent himself.
We also conclude that Flatoff was competent to represent himself. While Flatoff argues the trial court failed to make this determination, the record, as summarized above, demonstrates that the court considered Flatoff’s education, literacy, business experience, and experience researching case law as evidence that he possessed the ability to represent himself. Moreover, the court determined that: Flatoff’s mental health challenges did not impair his ability to understand or communicate with the court; he did not have any physical or psychological disability that might affect his ability to understand what was happening in court or express his opinions; and Flatoff was not under the influence of alcohol or any medications and was making his choice freely and voluntarily. We agree with the trial court and conclude that, under these circumstances, Flatoff was competent to represent himself.
The trial court’s decision to have stand-by counsel was also upheld.
Given the complexity of the case, the short amount of time before trial was to begin, Flatoff’s relatively communicative relationship with Attorney Szilagyi, and his history of repeatedly refusing to work with other counsel, the court did not err in appointing Attorney Szilagyi to serve as standby counsel on the county’s behalf.
In legal action separate from the Flatoff case, courts rejected wrongful death lawsuits against the city of Neenah by Funk’s estate.
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