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State v. Smith9/12/2000
A trial court has discretion to impose courtroom security measures after a hearing. The court here imposed stringent security measures during Ephraim Smith's trial. The jury convicted Mr. Smith of second degree assault. We conclude the court did not abuse its considerable discretion by imposing the security measures. And there was no prejudice anyway because the jury could not see the security measures. We also conclude that the trial judge did not abuse his discretion by rejecting Mr. Smith's proposed evidence on self-defense because Mr. Smith made an inadequate showing of self-defense. For the same reason, the court properly rejected Mr. Smith's proposed self-defense instruction. We therefore affirm Mr. Smith's conviction.
FACTS
Ephraim Smith is an inmate at the Washington State Penitentiary. He is part Native American and part African American. Mr. Smith resides in what he characterizes as a 'Native American' cell at the prison. He was always concerned for his safety because of the racial tension in the prison. Prison authorities put Glenn Eliason, a Caucasian, in Mr. Smith's cell. Mr. Eliason's bunk was directly above Mr. Smith's bunk. Mr. Eliason is 6 feet 4 inches tall and weighs 190 pounds. Mr. Smith is 5 feet 9 inches tall and weighs 170 pounds. Mr. Smith told Mr. Eliason that they would have problems because of the difference in their religious and ethnic heritage. Mr. Eliason said he would ask to be moved.
During a discussion Mr. Eliason told Mr. Smith '{y}ou're not, um Indian, you're a f---ing nigger.' Mr. Eliason put his hand on the bunk, 'like he was getting ready to jump down.' Mr. Smith then threw boiling water on Mr. Eliason while Mr. Eliason was sitting on the bed.
Mr. Eliason said he was sleeping and did not provoke Mr. Smith. An inmate who also resided in the same cell testified that neither Mr. Smith nor Mr. Eliason did anything to provoke an incident. The other inmate in the cell could not recall whether either man provoked the other.
The State charged Mr. Smith with second degree assault.
The court held a pretrial hearing to determine if security measures were necessary during the trial. The judge noted that Mr. Smith's current charge involves personal injury and violence. Mr. Smith is incarcerated for four counts of first degree kidnapping with a deadly weapon, three counts of first degree robbery with a deadly weapon, and one count of first degree attempted robbery with a deadly weapon. He also has juvenile convictions for theft, possession of stolen property, taking a motor vehicle, and possession of a firearm. Mr. Smith's temperament and character in court had been good. But he had threatened other inmates in the institution.
Mr. Smith had not tried to escape and did not have self-destructive tendencies. There was no threat of mob violence or rescue and the trial audience was not a concern.
The court evaluated the physical characteristics of the 'old courtroom in the Walla Walla County Courthouse.' The courtroom is on the third floor, with two entrance and exit doors into a public hallway. There are no gates or control doors. There is free access to either the elevator or the stairway. Inside the courtroom, defense counsel's table sits approximately 15 feet from the bench and 15 feet from the jury box. A wooden rail separates the audience from counsel's table. The court noted 'there is no security in the courtroom from a physical standpoint.' There were no alternatives to using the courtroom.
The court concluded that there was a need for security. It required Mr. Smith to wear prison-issued clothing, but not the orange prison coveralls. Mr. Smith's feet were to
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