Dennis v. Dees

• Decision Date: 25 January 1968
• Docket Number: Misc. No. 948.
• Parties: Douglas B. DENNIS v. Hayden DEES, Acting Warden, Louisiana State Penitentiary.
• Court: U.S. District Court — Eastern District of Louisiana

278 F. Supp. 354

Douglas B. DENNIS v. Hayden DEES, Acting Warden, Louisiana State Penitentiary.

Misc. No. 948.

United States District Court E. D. Louisiana, Baton Rouge Division.

January 25, 1968.

Leon A. Picou, Jr., C. Jerome D'Aquila, St. Francisville, La., for petitioner.

Jack P. F. Gremillion, Atty. Gen., State of Louisiana, Jodie Stout, Asst. Atty. Gen., State of Louisiana, Baton Rouge, La., for respondent.

WEST, District Judge:

Petitioner, Douglas B. Dennis, is presently incarcerated at the Louisiana State Penitentiary awaiting execution of the death sentence imposed upon him on March 11, 1966. He applies to this Court for a writ of habeas corpus alleging that his federally protected rights have been violated in that (1) he was forced to stand trial for murder dressed in striped prison garb, wearing safety chains, restraining belt, handcuffs and leg irons, all of which deprived him of his right to the presumption of innocence in violation of the due process and equal protection clauses of the Fourteenth Amendment to the United States Constitution; (2) the Court failed to timely assign him counsel and he was denied the right to obtain counsel of his own choice even though he requested to do so, all in violation of the Sixth Amendment to the United States Constitution; (3) he was denied a continuance of his trial date even though he and his court-appointed attorney had not had sufficient time to prepare his defense, in violation of the due process clauses of the Fifth and Fourteenth Amendments to the United States Constitution; (4) he was denied compulsory process for obtaining witnesses in his favor in violation of the Sixth Amendment to the United States Constitution; and (5) the District Attorney, in his closing argument, made improper, inflammatory remarks, thus depriving him of the due process and equal protection of the law as guaranteed him by the Fifth and Fourteenth Amendments to the United States Constitution.

Since the Court has concluded that there is merit to petitioner's first contention, there will be no need to pass upon the other grounds relied upon.

On November 24, 1964, while petitioner was an inmate at Louisiana State Penitentiary, another inmate of that institution, one Robert Lee George, was allegedly murdered. An investigation ensued during which petitioner became a suspect. On May 7, 1965, petitioner was charged by indictment with the murder of Robert Lee George. On May 14, 1965, Leon A. Picou, Jr., Esq., an experienced criminal lawyer, was appointed chief counsel to represent the defendant, and David French, Esq. and William Cooper, Jr., Esq., both of whom had less than the five years experience required by Louisiana law for appointment by the Court as chief counsel in a capital case, were appointed to assist Mr. Picou in petitioner's defense. After these attorneys were appointed, and after consultation with his attorneys, petitioner entered a plea of not guilty and trial was set for June 14, 1965. On June 10, 1965, Mr. French, who had done much of the investigation work in connection with petitioner's defense, joined the staff of the Attorney General of the State of Louisiana and thus withdrew as counsel in this case. Mr. Cooper, who had assisted Mr. French in the investigation work, was called to active duty in the Air Force Reserve and withdrew as counsel on June 11, 1965. Thereafter, on the day of the trial, June 14, 1965, William F. Kline, Esq., was appointed by the Court to assist Mr. Picou in the defense of this case. On the day of the trial, Mr. Picou, on defendant's behalf, entered a motion for continuance but this motion was denied. The trial, which was held on June 14, and 15, 1965, resulted in a guilty verdict. On March 11, 1966, petitioner was sentenced to death as provided for by the laws of the State of Louisiana. An appeal to the Louisiana Supreme Court was taken based upon several bills of exception, one of which, Bill of Exception No. 10, was directed at the Trial Court's overruling of petitioner's objection to standing trial before a jury dressed in striped prison garb, safety chains, restraining belt, handcuffs and leg irons. The Louisiana Supreme Court found no merit to this Bill of Exception. It stated that its rulings with regard to Bills of Exception Nos. 4, 6, 12 and 16 adequately answered this contention. See State v. Dennis, 250 La. 125, 194 So.2d 720, at 724 (1967).

But the rulings on those exceptions do not, in this Court's opinion, answer the complaints of petitioner that were contained in his Bill of Exception No. 10. The Bills of Exception numbered 4, 6, 12 and 16 all pertained to the refusal of the Court to order the Sheriff to produce in Court, some twelve or more inmate witnesses, before trial, so that they could be interviewed by defense counsel, and to the Court's refusal to issue certain instanter subpoenas. In finding no merit to those bills of exception, the Louisiana Supreme Court quoted, with approval, the Per Curiam of the Trial Judge which stated:

"`Some 15 prison inmates had been subpoenaed by the defense for the morning of the trial but being considered a "security risk" by the sheriff, the prison authorities decided to withhold sending of the inmate witnesses until needed for the trial. Deputy Sheriff Daniel testified such was his recommendations because of the problem of custodial supervision and because from his experience two or three days are required to draw a jury in a capital case. No authority was given this Court to require the presence of prison inmate witnesses prior to their being needed as witnesses. Especially where the professed purpose was to be made available for interview by attorneys.

"`* * *

"`The security facilities of the parish court house are meager. There is no jail at or adjacent except for a barred witness room. The presence of any sizeable number of prison inmates presents an escape hazard and a safety risk to the community. In such instances where such witnesses are made available for testifying they are confined in a trailer, locked up on the court house lawn or immediately adjacent thereto.'"

After thus quoting the Trial Judge, the Court concluded:

"Nothing in this record discloses that defendant was deprived of the testimony of any witness which his counsel desired subpoenaed. There is no showing that the desired witnesses were not eventually produced, nor that their production at the time thought to be safe by Deputy Sheriff Daniel was prejudicial to defendant's case. There is also no showing made that defendant suffered any deprivation of constitutional rights guaranteed him by the State and Federal Constitutions.

"Under the facts and circumstances connected with Bills of Exceptions Nos. 4, 6, 12 and 16, we do not find that defendant suffered any prejudice by the trial judge's rulings."

Then, when the Court considered Bill of Exception No. 10, relating to petitioner having to stand trial before a jury, dressed in striped prison garb, safety chains, restraining belt, handcuffs and leg irons, the Court concluded:

"Our rulings with respect to Bills of Exceptions Nos. 4, 6, 12, and 16, supra, adequately answer the contentions of defense counsel. We also agree with the following statement of the trial judge in his Per Curiam to Bills of Exceptions Nos. 4, 6, and 10:

"`No prejudice to the accused's rights in appearing in shackles and handcuffs was shown. This was a prison inmate case and the deputy testified the handcuffs and shackles was deemed necessary as policy of their office for security reasons.'

"The record shows that the defendant is a vigorous man of twenty-eight or twenty-nine years of age, about six feet tall, and weighing approximately two hundred and twenty to two hundred and twenty-five pounds."

It is difficult indeed to understand how it could be concluded that the reasons for not requiring the Sheriff to produce in court, at one time, some twelve or fifteen convict witnesses, in advance of trial, when it was shown that the facilities at the court house were not sufficient to prevent their possible escape or to assure the safety of the community and the persons involved in the trial, are sufficient reasons for requiring a single defendant to remain in striped prison garb, safety chains, restraining belt, handcuffs and leg irons during an entire trial held before a jury, particularly when the evidence shows that there were guards composed of prison trusties and penitentiary police, armed with automatic weapons...