Miss-Delectable
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http://www.jsonline.com/news/wauk/dec05/379555.asp
Defendant said rights violated because he couldn't use hand signs
A deaf man who was handcuffed during his plea and sentencing hearing on sexual assault charges was not hindered in his ability to communicate through sign language during the proceeding, the state Court of Appeals ruled Wednesday.
Jeremy D. Russ contended that his ability to communicate was substantially impeded by the shackles during the sentencing, but the appellate court noted that he never complained during the hearing and failed to meet his burden of proof during his appeal.
"Russ had the burden to show that he in fact was unable to communicate, not that he theoretically might have had such difficulty," the court said in its ruling. "The burden is on him, not the state, to prove a communication lapse."
Russ, now 28, was sentenced in 2003 by Waukesha County Circuit Judge Michael Bohren to 15 years in prison after pleading guilty to second-degree sexual assault for indecently touching two women in attacks in Frame Park.
At the plea and sentencing hearing, Russ' attorney, Virginia M. Stuller, asked Bohren to order Russ' handcuffs removed so that he could sign and communicate if he had questions. Bohren denied the request, noting that based on observations from prior hearings, Russ communicated adequately with his hands even while shackled, according to court records.
Russ had two interpreters at the hearing, and Bohren added that he would reconsider the issue if problems developed, records show.
Stuller renewed her request before the sentencing was completed, and Bohren again denied it and sentenced Russ to the 15-year term for the sexual assaults and an additional nine months on a separate lewd and lascivious behavior conviction.
In his appeal, Russ contended that he was denied due process, the right to be "meaningfully" present and the right to assistance of counsel. All three issues concerned the use of handcuffs.
Defendant said rights violated because he couldn't use hand signs
A deaf man who was handcuffed during his plea and sentencing hearing on sexual assault charges was not hindered in his ability to communicate through sign language during the proceeding, the state Court of Appeals ruled Wednesday.
Jeremy D. Russ contended that his ability to communicate was substantially impeded by the shackles during the sentencing, but the appellate court noted that he never complained during the hearing and failed to meet his burden of proof during his appeal.
"Russ had the burden to show that he in fact was unable to communicate, not that he theoretically might have had such difficulty," the court said in its ruling. "The burden is on him, not the state, to prove a communication lapse."
Russ, now 28, was sentenced in 2003 by Waukesha County Circuit Judge Michael Bohren to 15 years in prison after pleading guilty to second-degree sexual assault for indecently touching two women in attacks in Frame Park.
At the plea and sentencing hearing, Russ' attorney, Virginia M. Stuller, asked Bohren to order Russ' handcuffs removed so that he could sign and communicate if he had questions. Bohren denied the request, noting that based on observations from prior hearings, Russ communicated adequately with his hands even while shackled, according to court records.
Russ had two interpreters at the hearing, and Bohren added that he would reconsider the issue if problems developed, records show.
Stuller renewed her request before the sentencing was completed, and Bohren again denied it and sentenced Russ to the 15-year term for the sexual assaults and an additional nine months on a separate lewd and lascivious behavior conviction.
In his appeal, Russ contended that he was denied due process, the right to be "meaningfully" present and the right to assistance of counsel. All three issues concerned the use of handcuffs.