Fla. argues shackling inmate during his trial did not violate his rights

[Thom Little]

Shackling convicted killer Arthur D. Rutherford, who is scheduled for execution Jan. 31, during his trial did not violate his rights because jurors were unable to see the leg irons, the state argued Tuesday in papers filed with the Florida Supreme Court.

The state responded to Rutherford's claim that being placed in shackles during the penalty phase of his trial influenced the jurors.

"The jury's recommendation of death could not have been affected by leg irons that they never saw," wrote Assistant Attorney General Charmaine Millsaps. "There was no violation of due process."


http://hosted.ap.org/dynamic/stories/F/FL_SCOFLA_RUTHERFORD_FLOL-?SITE=VARIT&SECTION=US&TEMPLATE=DEFAULT&CTIME=2005-12-20-19-07-24

[saigon68]

1. Assistant Attorney General Charmaine Millsaps

Is in Deep Denial

[WhiteTara]

2. the word Florida says it all n/t

[saigon68]

3. At times--- some of the people there

are really lacking

[WhiteTara]

4. how kind of you to say that

instead of calling them a bunch of f*ck wads.
edited for clarity

[The Flaming Red Head]

5. I've seen them shackle people for unpaid traffic tickets

all the time. I thought they shackled everybody, now.

[AndreaCG]

6. In my court

there are only shackles during a trial under extreme circumstances. Actually I have never seen it, they just put extra court officers in the courtroom.

But if there were multiple and dangerous inmates (who have snuck weapons in for example) they might keep the shackles on.

[The Flaming Red Head]

7. I know you don't live in the south (they'll shackle grandma down here)

I once saw them call in multiple back up units and throw a guy to the floor, handcuff him and take him away.

He was in front of me in line, applying for a commercial license to drive a beer truck, all excited, best job he'd ever been offered, he said, he was a young kid (20 something). His crime, some video store said he forgot to return a tape and charged him with theft.

He didn't even remember renting it. He had moved and his phone number had changed. The video was the Matrix (not kidding. how surreal), the first one.

I don't know what happened to him, later, but I bet it fucked up his chance at the job and it had benefits, he was so excited that he had chatted with everyone in line.

We thought he was a murderer or armed robber or someone really dangerous the way they came in and threw him to the floor. We all asked what could he have done for all that? When we found out (the people in line) no one could believe it.

All a video store has to do is forget to check in a tape (back then) or a DVD (now) and they classify it as theft and you're treated like you're public enemy number one.


Edited to say they even had their guns drawn on that guy.

And I've seen plenty of people in shackles in front of a judge for non-violent offenses, including unpaid traffic fines.