Defendant gagged with duct-tape in court

[faceless]

Outspoken court defendant has his mouth taped
Wednesday, April 22, 2009

A US 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 Judge Peter D. McDermott in Idaho 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 behaviour 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. Earlier in the hearing, Reynolds had asked the judge to order a mental competency evaluation for Frasure. McDermott said he would consider the request, but did not immediately rule on it. McDermott placed Frasure under the jurisdiction of the Idaho Department of Correction. He is being held in the Bannock County Jail awaiting transfer to a state facility. Officials, citing privacy rules, declined to say where he would be transferred.

At the end of the hearing, the judge ordered bailiffs to remove the gag and said he hoped Frasure's condition would improve with being under state custody. Frasure responded, "You want to arm wrestle?" as he was led out of the courtroom by bailiffs.

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I laughed quite loud at the last line, but what the hell was this judge doing in allowing the guy to be gagged? And they say the Taliban are medieval!