A Lafayette judge is the target of scrutiny after ordering a bailiff to tape a defendant’s mouth shut. 15th Judicial District Court Judge Marilyn Castle had Michael Duhon’s mouth taped after multiple interruptions. Was the judge in the right to pull this rarely seen maneuver?
“Absolutely. Under Louisiana law, Supreme Court decisions, US Supreme Court and Louisiana Supreme Court decisions all say that it’s the discretion of the judge and they can do it,” said Lafayette attorney Tommy Guilbeau.
Duhon was sentenced to eleven years after being found guilty of theft of over $25,000 and money laundering. The judge also recommended he receive mental health treatment. Duhon’s attorney eventually asked for the tape to be removed and to have his client escorted out of the courtroom. Guilbeau says the judge has the responsibility to make sure justice is done and court business is carried out.
Guilbeau says a judge can order someone to be bound, gagged, duct taped, or removed from the courtroom.
“They know better. They can be held in contempt and in this case, he got his mouth taped. He should have calmed down and done what she told him several times, in my opinion,” said Guilbeau.
Legal analyst Tim Meche says there was an alternative to taping the man’s mouth shut to stop his courtroom disruptions.
“With the technology we have available, the recommended path is to remove the defendant from the courtroom and have him listening to the proceedings through technological devices,” said Meche.
The ACLU calls the incident shocking, dehumanizing, and brutal.
