Judge Orders Defendant's Mouth Taped Shut

[nonconformist]

http://wcbstv.com/watercooler/mans.mouth.taped.2.991239.html

POCATELLO, Idaho (AP)

An eastern Idaho judge who lost patience with the disruptive behavior of a defendant ordered court officials to tape the man's mouth shut with duct tape during a court hearing. The unusual move was ordered by 6th District Judge Peter D. McDermott during a probation violation hearing for Nicklas Frasure, 23.

Frasure was convicted of felony theft in 2008, but the judge retained jurisdiction for sentencing depending on Frasure's response to treatment. In October, Frasure was released from a state mental hospital in Blackfoot.

He is accused of violating his probation by not taking prescribed medication.

During the hearing, witnesses told the judge that Frasure's behavior had been strange and erratic since his release from the state hospital. They also said he has not been taking his medication and has been consuming alcohol, factors also contributing to mood and emotional swings.

Probation officer Julie Guiberson testified that Frasure is a threat to himself and others.

During Monday's hearing, Frasure interrupted the proceedings with repeated verbal outbursts and unusual behavior and ignored several orders from McDermott to restrain himself. After another series of outbursts, McDermott told bailiffs to silence Frasure.

The bailiffs then found a roll of duct tape, tore off a piece and put it over Frasure's mouth, according to the Idaho State Journal.

"He's obviously not mentally competent," Frasure's lawyer Kent Reynolds told the judge.

MORE at link

[chill_wind]

1. BAD, stupid move.

All they would have needed was for the guy to do something even more unpredictable, like accidentally vomit from alcohol?, agitation-- and aspirate before they could intervene. Mental health patients off their medications can be unruly, but that's not the answer.

[Lance_Boyle]

2. That's a stretch, the aspiration thing.

Probably would have been a better move for the judge to find the guy in contempt, have him removed, and continue the trial in his absence. But I see no problem with the tape, if it worked.

[chill_wind]

4. Not at all. Cop in my old town that I knew did that some years

to a guy in the drunk tank and it created lots of disciplinary problems for him and lots of press.
As a person with a health care background, I can't say I was real sympathetic.

[no_hypocrisy]

3. Wasn't it Bobby Seale whom Judge Hoffman ordered tied to his chair and gagged

during the trial of The Chicago Eight?