A mental health professional from Porter Starke Services will weigh in professionally on the competency of 19-year-old Valparaiso resident Conner Kobold to represent himself in his murder trial for the strangulation death of his mother Shanelle Burns at her Valparaiso home earlier this month.
“I want Dr. (Anand) Popli to chime in on whether you’re capable to represent yourself,” Porter Superior Court Judge Michael Fish told Kobold at the end of a hearing on the subject Friday morning.
Valparaiso Police were dispatched to the 1300 block of Diamond Boulevard at 3:48 on the afternoon of Feb. 5. Kobold told police he had killed a person inside the house on the corner. Shanelle Burns, 43, was found unresponsive and not breathing in the living room.
She was taken to Northwest Health-Porter where medical staff found small ligature marks on her neck, according to charging documents. The medical staff believed she had suffered substantial brain damage.
Burns died at the hospital around 3:27 p.m. on Feb. 7. Preliminary results of an autopsy performed on Feb. 9 by the Porter County Coroner’s Office show the cause of death as asphyxiation secondary to manual strangulation and ruled the death a homicide.
Kobold faces two counts: murder, a Level 1 felony that carries a possible sentence of 45 to 65 years in prison and a possible fine of up to $10,000 if convicted; and aggravated battery, a Level 3 felony that carries a possible sentence of three to 16 years in prison and a possible fine of up to $10,000 if convicted.
Charging documents state that Burns had sent Kobold an eviction letter outlining conditions he needed to meet during a 30-day timeframe to avoid eviction, including securing a full-time job, cleaning his room, and contributing to the cleanliness of common areas in the home.
Friday morning Fish asked Kobold a series of questions ranging from his understanding of court proceedings to his mental health history at the hearing aimed at shedding light on Kobold’s competency to act as his own attorney.
“I guess the most important thing out of the gate here is for me to make sure that you understand the penalty for murder is 45 to 65 years. Do you understand that?”
“Yes, your honor,” Kobold replied.
Fish proceeded to also lay out for Kobold the advantages of using a lawyer over representing himself. He pointed out the special training lawyers undergo, their skill in cross-examination, jury selection, preparing and filing of motions, skill in jury selection, and posturing during a trial to achieve more advantageous sentencing.
“Do you believe you have any skills or abilities that would help you represent yourself?” Fish asked Kobold.
“I believe my case is so unique that the only person who can explain what happened and why it happened is myself,” Kobold replied.
Fish enquired if Kobold had ever been in a courtroom, what level of education he has, and whether he has any public speaking experience. Kobold responded that he had never been in a courtroom, holds a high school diploma, and had lots of public speaking assignments in high school.
When Fish asked Kobold about his mental health history Kobold said he has been an inpatient in two mental health facilities and seen five different therapists. Fish asked if Kobold believed his mental health conditions would affect his ability to understand court proceedings and he said no.
Then Fish asked Kobold what his preliminary course of action would be as his own court representative: to attempt a plea with the state or to proceed to trial? “Whatever I can do to help the court and the jury make the best decision about my situation,” Kobold replied.
Fish pointed out that as a petitioner asking the court to be allowed to represent himself, he needed to be able to make the executive-level decision between the two options. It was then clarified that Kobold would first attempt negotiation with the state and then Fish would set a date for a jury trial.
As the hearing wrapped up Friday Fish granted Kobold a pro se waiver for preliminary representation of himself while he awaits feedback from Popli. An omnibus hearing has been set for 9 a.m. on April 8. The trial is tentatively set to begin Aug. 6.
Shelley Jones is a freelance reporter for the Post-Tribune.
