Judge Orders Convicted Killer's Mouth Taped in Court

[Lou_C]

http://ap.tbo.com/ap/florida/MGBAYGRPRUD.html

Judge Orders Convicted Killer's Mouth Taped in Court
The Associated Press

DELAND, Fla. (AP) - A Daytona Beach man who was convicted of fatally beating a retired banker even though another man confessed to the crime had his mouth taped during his sentencing hearing Thursday after he repeatedly said "I didn't do it."
Circuit Judge S. James Foxman ordered the taping after Richard England, 32, made repeated outbursts proclaiming his innocence, some directed at the victim's family, before the jury recommended a death sentence.

Jurors did not see the deputies tape his mouth, but they returned from their chambers to see England sitting handcuffed with gray duct tape covering his mouth as attorneys made closing arguments.
The jury voted 8-4 to recommend death for England, who was convicted Monday of first-degree murder and armed robbery with a deadly weapon. Foxman is scheduled to sentence England in July.

Some legal experts said the judge's order to tape England's mouth could be the basis for an appeal.
Steven G. Mason, a veteran criminal defense lawyer from Orlando, said the judge made a poor decision.
"Not only are you demeaning the process, you are minimizing this person and this person's life," Mason told the Orlando Sentinel. "It's animal-like to tape his mouth shut so he can't speak."

But Assistant State Attorney Ed Davis called England the most disruptive defendant in a courtroom that he had seen in 20 years.
"The judge had warned him and warned him," Davis said. "It needed to be done. It was absolutely necessary."
England and his friend Michael Douglas Jackson beat Howard "Cooter" Wetherell, 71, to death with a fire poker in his shower in 2001, then robbed his condominium, said prosecutors, who maintained England killed Wetherell out of a hatred for homosexuals.

Jackson, who said he lived with the victim for about a month before their relationship soured, initially told officials that he and England had killed Wetherell, and agreed to testify against his friend.
But Jackson, 21, later changed his story, taking sole responsibility for the murder. He has pleaded guilty to second-degree murder.

[UpInArms]

1. why haven't they pursued the person

who confessed?

This is a travesty.

[Lou_C]

2. The person that was murdered was gay

It's Florida and the man was gay.

Nothing to see here move along folks...if you know what I mean.

[stevedeshazer]

3. Is this Standard Operating Procedure in Florida?

Why not put him in a strait jacket and make him do tricks in front of the jury, too?

[Auntie Bush]

5. Bet Zell Miller is envious of Bushes'

fake crotch.

A little off subject but I just finished reading about Zell's embarrissing moments in high school...and couldn't help myself.

[Auntie Bush]

4. Don't know anything about this case but...

If I were innocent and convicted of murder...you'd have to tape my mouth shut too. I just hope this man is really guilty.

I can't imagine the horror of having to go to prison or executed for a crime I didn't commit!

[flpoljunkie]

6. East to criticize from afar...the rest of the story.

According to other reports, from those actually in the courtroom, England was not gagged to prevent him from speaking, but to prevent him from disrupting the courtroom proceedings--after time outs had been attempted.

England chose not to testify during the part of the trial where his guilt was decided, but chose instead, to denounce the prosecutor and disrupt during the penalty phase.

It says something good about the justice system when murders of purported homosexuals are taken seriously and prosecuted to the fullest extent of the law.

It came out in the penalty phase that England had served 11 years for beating someone else to death in the 80's; this was not his first trip down the pike.

Let's not conclude that a miscarriage of justice was done based on sketchy information and opinions from those not there or with vested interests.

[stevedeshazer]

7. Regardless of this information

And I thank you for bringing it to light, sitting a defendant in front of a jury with his mouth taped shut does not say anything good about the justice system anywhere in the United States, period. This could have been dealt with in a more dignified way, don't you think?

[flpoljunkie]

8. Unfortunately the defendant made this unsavory course necessary.

I would concede that it is disquieting to contemplate, but the defendant has a federal and state constitutional right to be present at all proceedings. Timeouts had been tried unsuccessfully.

The defendant's behavior was anything but dignified itself---after being given repeated timeouts. I find it hard to have sympathy for someone who brought this down on themselves.

I am against the death penalty, but I find it difficult to work up a lot of indignation over someone who has killed two people and then acts like a jerk in the courtroom. Jackson changed his sworn testimony at trial; the jury didn't buy it, and I am not going to second guess the jury, unless I have some good reason to do so.