Facing federal charges of sexual exploitation of three young girls, Kowalczyk, 39, has for more than six years flouted prosecutors, thwarted judges and derailed, frustrated and even frightened the lawyers appointed by the court to represent him.
"No one can take on the role of counsel for [Kowalczyk], because he takes steps, such as suing them, that create irreparable conflicts," U.S. District Judge Michael Mosman wrote last month. "By his own actions, [Kowalczyk] has made appointing him a lawyer impossible and repeatedly demonstrated his intention to use such appointments as a tactical delay."...
The oddity of Kowalczyk's case has created difficult legal issues for federal judges weighing his actions and the U.S. attorneys trying to convict him: When does a defendant waive his right to a lawyer, a speedy trial or both?
Mosman ruled last year that Kowalczyk had lost his right to a lawyer only after he fired his eighth lawyer. The judge later appointed a ninth lawyer, who has since left the case...
Kowalczyk's father, John, points to his son's long history of mental-health problems, and says his physical condition has worsened while in jail. He says there is no reason his son would want to delay his own case.
"He's nowhere near normal," John Kowalczyk says. "Where he needs to be is in a mental institution. That's where he would get the treatment and the care that he needs. Prison is just a death sentence for him."
But a psychologist for the government—and at least one of Kowalczyk's former defense attorneys—believes Kowalczyk has proven he's competent to stand trial...
" I have never had to endure anything remotely resembling what I have been through with [Andrew] Kowalczyk," Schindler, who lasted 10 months as his attorney, wrote in a motion to withdraw. "He is rude, threatening and abusive. Through his letters, he has called me incompetent, lazy, stupid, and has repeatedly expressed his dissatisfaction with my representation."...
Grefenson had worked as a defense attorney for 23 years, often agreeing to represent unsavory and challenging defendants. He stayed on even after Kowalczyk threatened to stab him in the eye with a pencil, left a message with legal staff saying Grefenson was playing "death-wish games," and told the lawyer he knew where his family lived and they would never be safe....
Donald True, a Portland clinical psychologist hired by John Kowalczyk, told the court earlier this month that Andrew Kowalczyk is unfit. John Kowalczyk tells WW that his son hears voices, sees things that aren't there and believes his lawyers have been colluding with the government as part of "Satan's army" to put him away for life...
The government's psychologist says Kowalczyk's insanity plea is "disingenuous" and "contrived." "It is clear that Mr. Kowalczyk is malingering," clinical psychologist Richart DeMier wrote in an evaluation last June...
The toddlers Kowalczyk allegedly abused might not recall the crimes or be called to testify. But they are nearly teenagers today and have been kept in limbo by Kowalczyk's actions.