A convicted Gwinnett stick-up man contends he deserves a new trial because the judge made him wear an electric-shock device which threatened him with 50,000 volts and public humiliation.
The Georgia Supreme Court is to hear arguments Tuesday whether Superior Court Judge Karen Beyers violated Brian Eugene Weldon’s rights by making him wear the device as a requirement for attending his trial. Defendants have a constitutional right to face accusers.
Beyers feared Weldon planned to escape, and the device provided a strong disincentive for any such plans, according to papers filed with the supreme court.
“A courtroom deputy read Weldon a notification form that explained the (shock) system contained 50,000 volts of electricity, and if activated, the device would immobilize him, cause him to fall to the ground and could cause him to defecate or urinate on himself,” the court papers said.
Beyers told Weldon she feared the accused armed robber — he was charged with robbing five Chinese restaurants and one cellphone store — planned to escape because he kept looking at the courtroom door during court proceedings. The device - a neoprene sleeve that slid over a leg under clothing — was not visible to jurors.
The judge noted Weldon had strong incentive to escape because he faced a life sentence, according to court filings.
“Not only at previous hearings but also today, I see you looking around a lot,” Beyers told Weldon the first day of his 2012 trial. “In order to conduct a safe and orderly trial in this matter without you making a go for the door … I am going to have you with an electronic belt on.”
The evidence against Weldon at trial included victims who identified him and a video recording of him during one of the robberies; he was convicted and sentenced to life in prison.
Weldon, now 26, argued on appeal that forcing him to wear the device violated his rights and undermined a fair trial because it made him too nervous to pay attention during jury selection or courtroom testimony to assist in his defense; he feared accidentally activating the device — officially the Band-It Prisoner Restraint and Transport System —or the deputy activating it, court papers said.
The Georgia Court of Appeals upheld the use of the device, which federal courts have ruled present constitutional concerns. The Georgia Supreme Court is hearing the case “to determine what circumstances and procedures should govern the use of a non-visible shock device during a trial.”
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