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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. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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