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Jury Trial at the Max with Defendant Shackled

By Tom Lincoln

The opinion in Ruimveld v. Birkett, No. 04-1826 (6th Cir. April 21, 2005) upholds the grant of a writ of habeas corpus to defendant Ruimvelt where his shackling at trial, in view of the jury, caused significant harm to the presumption of innocence.For the entirety of the trial, Ruimveld was brought into the courtroom in leg shackles, belly chains, and handcuffs. Prior to trial, Ruimveld?s counsel moved to remove the shackles, but the judge denied both this motion and a subsequent motion to cover the shackles so that they could not be seen by the jury. As a result, not only was Ruimveld shackled as he entered the courtroom, but was shackled at all times in front of the jury, even while testifying. See J.A. at 310 (?Sir, to the extent you can, would you raise your right hand for me?? (emphasis added))...continue to full post

Full post as published by Puerto Rico Association of Criminal Defense Lawyers on April 21, 2005 (boomark / email).