Injunction Prohibits Use of Stun Belts to Control Defendants

A federal judge issued a preliminary injunction Tuesday barring criminal defendants from being forced to wear stun belts in Los Angeles County courts.

The belts, concealed under the clothing of potentially unruly defendants, are activated by remote control, delivering 50,000 volts of low-amperage electricity.

U.S. District Judge Dean Pregerson’s injunction came in a civil rights lawsuit filed by a defendant who was zapped with electricity during a confrontation last year with a Long Beach municipal judge.

Pregerson also ruled that Ronnie Hawkins’ lawsuit could be tried as a class-action case.

In his 39-page opinion, Pregerson said the stun belt, even when not activated, can have a chilling effect on defendants.

“For example, a defendant may be reluctant to object or question the logic of a ruling--matters that a defendant has every right to do,” the judge wrote.

“A pain infliction device that has the potential to compromise an individual’s ability to participate in his or her own defense does not belong in a court of law,” he added.

Hawkins, a three-strikes defendant, had been convicted of stealing $265 worth of over-the-counter pain medicine when he was brought before Judge Joan Comparet-Cassani for sentencing. He was forced to wear a stun belt because of previous confrontations with her.

Comparet-Cassani says she ordered a courtroom deputy to activate the belt when Hawkins spoke out of order and became disruptive.

Hawkins’ conviction was overturned by another judge because of testimony that Comparet-Cassani had conducted portions of the trial while Hawkins was absent. He had been removed several times for unruliness. The district attorney’s office is appealing the dismissal.

Meanwhile, the California Commission on Judicial Performance is investigating Comparet-Cassani’s conduct.