Post-Conviction Evidentiary Hearing Granted

The First District Court of Appeals granted a post-conviction evidentiary hearing on the claim that a stun belt used during trial proceedings deprived Patrick Leonard of due process and effective assistance of counsel.  Leonard, who had no criminal history, no outbursts in court, and had no incidents while in custody, was forced to wear the stun belt without a hearing.  The stun belt was never activated during the proceedings, but Leonard argued that forcing a defendant to appear in restraints denied him due process, and the stun belt itself prevented him from participating in his own defense.  Leonard supported this claim with affidavits from individuals in the courtroom who saw the belt on Leonard, jail records proving there were no violent incidents, the Hamilton County Sheriff's policy which indicates the belt was used solely due to the nature of the charges, and an affidavit from Leonard stating the belt made him restrict his movements and kept him from talking to counsel.  The First District ruled that the nature of the charges were not enough to warrant the use of the stun belt, and remanded the claim for a hearing.  

Leonard was unsuccessful in his requests to recuse the trial judge (as the trial judge will have to rule on its own abuse of discretion and judge the credibility of several courthouse employees).  However, the trial court has granted discovery for this claim, including depositions of several sheriff's deputies.  The Hamilton County prosecutor has also turned over numerous documents regarding the stun belt, including a training video showing the belts devastating impact, and manuals.  The hearing is currently scheduled for February 15-16, 2006.     

The First District case number is C-030492.

The Hamilton County Common Pleas number is B-0005891.