U.S. v. Stewart

• Decision Date: 05 April 1994
• Docket Number: No. 93-2996,93-2996
• Citation: 20 F.3d 911
• Parties: UNITED STATES of America, Appellee, v. Alexander STEWART, Appellant.
• Court: U.S. Court of Appeals — Eighth Circuit

Page 911

20 F.3d 911

UNITED STATES of America, Appellee, v. Alexander STEWART, Appellant.

No. 93-2996.

United States Court of Appeals,

Eighth Circuit.

Submitted Nov. 12, 1993.

Decided April 5, 1994.

Michael C. Angel, Little Rock, AR, argued, for appellant.

John E. Bush, Little Rock, AR, argued, for appellee.

Before BOWMAN, Circuit Judge, JOHN R. GIBSON, ^* Senior Circuit Judge, and HANSEN, Circuit Judge.

HANSEN, Circuit Judge.

On March 1, 1993, at the federal courthouse in Little Rock, Arkansas, a magistrate judge presided over an evidentiary hearing in a civil action filed by Alexander Stewart, then an Arkansas inmate. At the conclusion of the hearing, Stewart punched the deputy director of the Arkansas Department of Corrections. The deputy director suffered a severely broken nose, which required reconstructive surgery. Stewart was then indicted for and convicted by a jury of assault. See 18 U.S.C. Sec. 113(f). The district court ¹ sentenced him to 70 months of imprisonment. Stewart appeals his conviction and sentence. We affirm.

I.

The government charged Stewart with retaliation against a witness, see 18 U.S.C. Sec. 1513, and assault, see 18 U.S.C. Sec. 113(f). (R. at 1-2.) Stewart was again disruptive at his arraignment. ² Prior to trial, Stewart filed a pro se motion to dismiss his court-appointed counsel and, citing Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975), sought leave to represent himself at trial. (Appellant's App. at A9.) The district court granted the motion but appointed standby counsel. (Id. at A12.)

On the morning of the one-day trial before Judge Woods, Stewart was again disruptive and dilatory. He interrupted the district court's attempts to ensure that his waiver of counsel was fully informed. ³ He was argumentative when the district court warned him about his disruptive conduct. ⁴ He made several objections (concerning his broken eyeglasses; his lack of preparation; a government witness sitting in the gallery during preliminary proceedings; and the prison's failure to provide him with toothpaste, soap, and deodorant) that appear to have been made for the sole purpose of delay and agitation. (See Trial Tr. at 6-9, 12.) He asked for a lawyer, which the district court denied on the ground that he had previously chosen to represent himself. (See id. at 9-10.) He objected to his being tried in prison clothing, and the district court overruled the objection. (See id.) ⁵

When the venire panel entered the courtroom, Stewart repeated some of these objections in a manner demonstrating a desire to exploit his pro se prisoner status. ⁶ Stewart objected to being tried in leg irons, and the district court overruled the objection. (See id. at 26-27.) In the presence of the jury, Stewart reiterated objections that he had earlier made without success. (See id. at 27-28.)

In his opening statement, Stewart told the jury that he punched the deputy director because he wanted to remain in federal custody. He said that if he had returned to the Arkansas prison from which he had come, he would have been killed by other inmates. (See id. at 34-37.) During the evidentiary phase of the trial, the government introduced the testimony of a courtroom deputy clerk who witnessed the March 1 incident, the deputy director, and an FBI agent who had interviewed Stewart after the March 1 incident. Stewart cross-examined these witnesses extensively, emphasizing facts relevant to his safety in the Arkansas prison. (See id. at 55-70, 78-117, 118-125.) When the government rested, Stewart said he had no witnesses. ⁷ After the district court asked the jury to return to the jury room until closing statements, Stewart said he wanted to take the stand, but the district court refused. (See id. at 127-128.) The jury deliberated a short time and returned a verdict of guilty on the assault charge and a verdict of not guilty on the retaliation charge. (See id. at 168.) The district court later imposed a sentence of 70 months. (R. at 8-11.) With the able assistance of court-appointed counsel (who also served as standby counsel during trial), Stewart appeals.

II.

Stewart first argues that he was denied his right to "an impartial jury" because he was forced to wear prison clothing and leg irons during trial. See U.S. Const. amend. VI. An impartial jury should determine guilt or innocence based on the evidence presented at trial, not on irrelevant factors such as "official suspicion, indictment, [or] continued custody." Holbrook v. Flynn, 475 U.S. 560, 567, 106 S.Ct. 1340, 1345, 89 L.Ed.2d 525 (1986). A jury's impartiality can be undermined by circumstances that draw undue attention to irrelevant factors. When "certain practices pose such a threat to the 'fairness of the factfinding process' ... they must be subjected to 'close judicial scrutiny.' " Id. at 568, 106 S.Ct. at 1345 (quoting Estelle v. Williams, 425 U.S. 501, 503-04, 96 S.Ct. 1691, 1693, 48 L.Ed.2d 126 (1976)); see also Gilmore v. Armontrout, 861 F.2d 1061, 1071 (8th Cir.1988), cert. denied, 490 U.S. 1114, 109 S.Ct. 3176, 104 L.Ed.2d 1037 (1989). Nonetheless,

It is essential to the proper administration of criminal justice that dignity, order, and decorum be the hallmarks of all court proceedings in our country. The flagrant disregard in the courtroom of elementary standards of proper conduct should not and cannot be tolerated. We believe trial judges confronted with disruptive, contumacious, stubbornly defiant defendants must be given sufficient discretion to meet the circumstances of each case.

Illinois v. Allen, 397 U.S. 337, 343, 90 S.Ct. 1057, 1061, 25 L.Ed.2d 353 (1970). Thus, "in certain extreme situations," vigorous measures might be " 'the fairest and most reasonable way to handle' a particularly obstreperous and disruptive defendant." Holbrook, 475 U.S. at 568, 106 S.Ct. at 1345 (quoting Allen, 397 U.S. at 344, 90 S.Ct. at 1061). "Courts must do the best they can to evaluate the likely effects of a particular procedure, based on reason, principle, and common human experience." Williams, 425 U.S. at 504, 96 S.Ct. at 1693. We must balance the possibility of prejudice against the need to maintain order in the courtroom and custody over incarcerated persons. See Holbrook, 475 U.S. at 571-72, 106 S.Ct. at 1347.

Here, the district court justifiably required Stewart to wear leg irons during trial. First, the very act which Stewart was alleged to have committed, which he admitted to committing, and which the jury found he had committed, was a vicious assault upon a witness in the courtroom. It was flagrantly disrespectful of the judicial process. The district court was reasonable in trying to ensure that it did not happen again. Second, Stewart had again demonstrated his continuing disrespect for the court at his arraignment hearing. The district court could reasonably infer that Stewart would continue to be disruptive during trial. Third, Stewart displayed a hostile attitude during preliminary proceedings on the morning of trial. The district court could reasonably believe that he was likely to continue his disruptive conduct during trial. Compare Allen, 397 U.S. at 339-41, 90 S.Ct. at 1058-60 (describing defendant's disruptions during pretrial proceedings and trial). These facts provide an ample basis for the district court's decision to proceed to trial without removing Stewart's leg irons. ⁸ See Williams, 425 U.S at 505 n. 2, 96 S.Ct. at 1693 n. 2 ("a defendant cannot be allowed to abort a trial and frustrate the process of justice by his own acts"), cited in Stewart, 850 F.2d at 497. In addition, at trial, Stewart himself undermined his presumption of innocence by admitting that he was being held in a maximum security prison, (Tr. at 36), and frequently admitting that he punched the deputy director, (see, e.g., id. at 35, 37, 42, 150, 156, 158-60). See Holloway v. Alexander, 957 F.2d 529, 530 (8th Cir.1992) ("Holloway's own testimony about his criminal history and sentences made it clear he was a dangerous felon and a likely flight risk"). Thus, the district court did not err when it overruled Stewart's objection to wearing leg irons.

Having resolved Stewart's more serious objection to wearing leg irons, we also find no error in his wearing prison clothing. The Supreme Court has held that the government "cannot, consistently with the Fourteenth Amendment, compel an accused to stand trial before a jury while dressed in identifiable prison clothes." Williams, 425 U.S. at 512, 96 S.Ct. at 1697; see also United States v. Grady, 997 F.2d 421, 424 (8th Cir.), cert. denied, --- U.S. ----, 114 S.Ct. 416, 126 L.Ed.2d 363 (1993). Prison clothing is inherently prejudicial because it informs the jury of "impermissible factors," such as the fact that a defendant already has been deprived of his liberty. See Williams, 425 U.S. at 503-05, 96 S.Ct. at 1692-94. In this case, however, the circumstances surrounding the alleged crime made it unavoidable that the jury would eventually learn that Stewart was a prisoner. See Holloway, 957 F.2d at 530. Furthermore, the appearance of a defendant in prison clothing is less prejudicial than the appearance of a defendant wearing leg irons, which indicates that he not only has already been deprived of his liberty but also is particularly likely to flee or harm someone. Thus, Williams must be viewed in the context of a defendant who is not wearing leg irons. Prison clothing is inherently prejudicial only if a defendant's appearance does not otherwise inform the jury of other, more prejudicial impermissible factors. " 'No prejudice can result from seeing that which is already known.' " See Williams, 425 U.S. at 507, 96 S.Ct. at 1694 (quoting United States ex rel. Stahl v. Henderson, 472 F.2d 556, 557 (5th Cir.), cert. denied, 411 U.S. 971, 93 S.Ct. 2166, 36 L.Ed.2d 694 (1973)); see also Holloway, 957 F.2d at 530; Scott v. James, 902 F.2d 672, 674 (8th Cir.), cert. denied, 498 U.S. 873, 111 S.Ct. 198, ...