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Accused killer represents self after appointed attorney quits

PALM BAY, Fla.,None — A Brevard County man accused of killing a Palm Bay shopkeeper took the stand on Thursday, claiming he didn't do it. The defendant, 22-year-old Anthony Horsley, has been representing himself in his murder trial, but that briefly came to an end on Thursday morning.

Judge Charles Crawford ordered a standby attorney to take over while Horsley was on the witness stand. However, the attorney quit only hours later.

The trial has been filled with strange incidents. Authorities said Horsley's mother, who was supposed to testify on Thursday, was arrested Wednesday night for driving without a license. Also, before the trial could resume on Thursday, Horsley got stuck in an elevator with deputies for about 10 minutes.

Horsley, wearing the same white tuxedo that he has worn for seven days, took the stand and started reading a statement. Horsley claimed he had nothing to do with the murder of Ken Patel. Patel was shot and killed in June 2006 as his convenience store was being robbed in Palm Bay.

Horsely testified he was at work at the time of the robbery. He said he only confessed to being in the car along for the ride in order to try to protect his then 14-year-old cousin, Dwan Smith, who has already made a plea agreement with prosecutors in the case.

But while on the stand, Horsely wouldn't follow proper court procedures or the judges instructions, and after 16 sustained objections in a matter of minutes, Crawford put his foot down and told Horsley to take a seat.

"Mr. Horsley, it is clear you are out of your element at this point. You've done a good job up to now. I'm appointing Mr. Cramer as your attorney.  You can not, nor will you heed my warnings to not make argument. Please have a seat. Please have a seat. But you instead continue to make arguments. Please have a seat. You continue to make arguments as opposed to stating facts," Crawford said.

Horsley then said he didn't want to testify any more and still wanted to represent himself.

Crawford ordered a standby attorney, who has been there throughout the trial, to meet with Horsley over the lunch break and figure out a strategy. However, only a few hours later, the appointed attorney quit after he was allegedly threatened.

"Because of what you have said to him and about his family, you will get your wish. You will be representing yourself," said Crawford.

Under cross-examination, prosecutor Tom Brown got Horsley to admit to lying to police.

But some of the most damning evidence came moments later from a question Horsley asked to his cousin.

"Will you tell these jurors who shot Mr. Patel on June 11, 2006?" Horsley said.

"Mr. Horsley," said Smith.

Horsley faces life in prison if convicted.

His mother was able to make it to the courthouse on Thursday.  She's back in a holding cell, separated from her son.

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