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Man, arrested six times this year, to act as own attorney for second time
By Joe Gorman
YOUNGSTOWN
The old adage says an attorney who represents himself has a fool for a client. Jayjuane Hardy, however, has decided to act as his own lawyer for the second time in municipal court.
The first time he tried it in May, a jury there found him not guilty of assault.
However, it seems Hardy, whom records list as being homeless, has had plenty of time to practice his legal skills. Since having a murder charge against him downgraded to aggravated assault in December, he has been arrested or cited six times.
Hardy, 43, had a pretrial hearing Tuesday before Judge Elizabeth Kobly in municipal court on charges of aggravated menacing and criminal trespass after he was arrested May 23 for an incident at the Downtown Circle on West Federal Street. That arrest came four days after he was found not guilty of the assault charge.
Hardy informed the judge he plans to act as his own counsel and he wants a jury trial. Judge Kobly said a trial by jury is his right as long as he files the proper motions. She asked Hardy if he knows how to cross examine witnesses or present exhibits. Hardy said he did. Judge Kobly asked him if he was comfortable being his own attorney.
“You do know the pitfalls for representing yourself?” the judge asked.
Hardy said he knew them and still wanted to represent himself. She said she could not advise him on how he should prepare his case but that there are procedures he needs to follow in order for his requests to be granted.
“If you represent yourself, you are expected to know how to do that,” Judge Kobly said.
His trial is set for 2 p.m. Tuesday. In his last trial, court records show an attorney was appointed to assist him.
Hardy had served 18 months in the Mahoning County jail while awaiting trial in the death of 55-year-old James Syster, who was found dead May 28, 2014, in a Front Street parking lot. The Mahoning County Coroner’s Office had ruled that Syster died as a result of drowning in a puddle. Reports said Syster and Hardy had fought and Hardy had punched Syster.
Hardy was charged with murder in Syster’s death, but the charge was amended to aggravated assault because although Hardy punched Syster in the face, that blow was not enough to kill Syster, and Syster fell into the puddle several feet away from where he was punched. There was no proof that Hardy’s actions put Syster in the puddle. He was sentenced Dec. 7 to time served and released.
Since then, Hardy has been arrested or cited Feb. 1 for disorderly conduct; Feb. 9 and Feb. 25, both times for open container; March 4 for criminal trespass; April 11 for assault; and May 24 for aggravated menacing and criminal trespass. In the case where he was found not guilty, Hardy was arrested about 6:20 p.m. April 9 after a woman said he slapped her in the face during an argument in front of the Mahoning County Courthouse. Reports said the woman did not appear to have a significant injury, and she did not seek medical attention.
For the present charge he is facing, Hardy is accused of fighting with an employee of the Downtown Circle, 116 W. Federal St., about 7:35 p.m. May 23. Reports said he already had been banned from the store in February, and he threatened to kill the employee. He has been in the jail since his arrest.