John Coltharp asks to represent himself…then withdraws request

Will he or won’t he represent himself?  That seemed to be the question on Wednesday as John Coltharp made a request to represent himself in his child kidnapping and sexual abuse case in Sixth District Court.  Coltharp is facing four felony charges, the most serious being a 1st degree felony sodomy of a child charge, which carries a sentence of 25 years to life in prison.  Appearing with his court-appointed attorney Paul Frischknecht, Coltharp told Judge Marvin Bagley he wanted to represent himself, with Frischknecht available as a resource.  He was strongly admonished by Judge Bagley that even though he had every right to represent himself, he would be at an extreme disadvantage and his chances of convictions if the cases went to trial would go up dramatically.  After a closed door meeting with Frischknecht and Sanpete County Attorney Kevin Daniels, along with the fact that there has been new discovery in the case, Coltharp agreed his decision to represent himself may have been premature and agreed to retain Frischknecht for the time being.  Daniels indicated it was a productive discussion, and another meeting may resolve the case.  However, he indicated if a resolution cannot be reached, he intends to move towards trial and seek the harshest sentences possible in an effort to make sure justice is met.  A continued pretrial conference has been set for May 30 when Judge Bagley will hear from Coltharp whether Frischknecht will stay on as his attorney or if he will go it alone.