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State v. Smith9/12/2000
hers or cause a disturbance;
self-destructive tendencies;
risk of mob violence or of attempted revenge by others;
possibility of rescue by other offenders still at large;
size and mood of the audience;
nature and physical security of the courtroom; and
adequacy and availability of alternative remedies.
The fact that a defendant is a state prison inmate and charged with a violent crime does not, without more, justify the use of physical restraints.
The trial court examined, in detail, the relevant factors and explained the basis of its decision. There was no history of escape, mob violence, or problems from the trial audience. But the physical characteristics of the courtroom and courthouse concerned the judge. There were no alternatives to using the courtroom. Mr. Smith's institutional file indicated a history of behavior problems and threats against other inmates even though his temperament in court was good. And Mr. Smith's current charge and criminal history indicate a continuous history of violence against others. The court did not abuse its discretion.
Moreover, the restraints and other courtroom procedures were not obvious to the jury. We can find no prejudice. We affirm Mr. Smith's conviction.
A majority of the panel has determined that this opinion will not be printed in the Washington Appellate Reports but it will be filed for public record pursuant to RCW 2.06.040.
Sweeney, J.
WE CONCUR: Kurtz, C.J.; Brown, J.
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