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Court orders defendants to wear leg restraints at trial

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A federal judge in Terre Haute has granted the government’s request that two defendants wear modified leg irons at an upcoming jury trial due to their violent criminal histories – both outside of prison and while incarcerated. The men face charges stemming from the murder of a fellow inmate.

Judge Jane Magnus-Stinson granted the request Thursday in United States of America v. William Bell and Lenard Dixon, 2:13-CR-0021, finding that William Bell and Lenard Dixon present “extreme need” that justifies being restrained at trial for courtroom security.

Dixon’s attorney argued that the men have an inherent right to be free from shackles at trial, consistent with the presumption that they are innocent until proven guilty. But Magnus-Stinson rejected the argument, citing that it is not the shackling itself but the prejudice that could result if the jury were allowed to continuously view the defendants in a restrained manner.

Both Bell and Dixon, inmates in the Federal Correction Complex in Terre Haute, have lengthy criminal histories that show a propensity of violence toward others. Bell has a history of being generally disruptive and resisting restraints and has broken facility property while incarcerated. Dixon has been disciplined on numerous occasions for possessing dangerous homemade weapons while incarcerated as well as threatening bodily harm.

Bell is being tried for allegedly killing fellow inmate Brian Pendelton while incarcerated at the Federal Correctional Complex. He faces life imprisonment if convicted. Dixon is alleged to have been an accessory after the fact to the murder of Pendleton and faces up to 15 years in prison if guilty.

The court order requires that the men wear modified leg restraints fitted with tape and soft material to limit any audible noise. Their hands will not be restrained during trial. All tables in the courtroom will be skirted as they were at the hearing on the motions regarding restraints and the defendants will be transported as necessary outside of the presence of the jury.
 

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  • There are other methods
    While I respect Her Honor and her action, there are other methods which are much more effective for restraining potentially violent innocent inmates. A long time ago there was a belt made which goes around the inmate under his clothing and it is controlled by remote control. The Judge holds the remote or the bailiff can hold it on the Judges order. The belt provides a small shock to the defendant, enough to stop them from what they are doing. It also provides escalation warning beeps that it will go off if the action is not changed. It does not permanently hurt the defendant, rather allows time for them to be properly restrained. I've only seen it activated 2 times. One time was when the defendant charged the bench, and one time when the defendants attorney was punched. Both times order was restored to the court very quickly.

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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