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Lovell v. State11/12/1997
fairest and most reasonable way to handle a defendant" who is repeatedly disruptive). In a case involving the addition of four uniformed police officers to the customary courtroom security force for the joint trial of six persons charged with armed robbery, the Supreme Court referred to Estelle and Allen as presenting "close scrutiny of inherently prejudicial practices." Holbrook v. Flynn, 475 U.S. 560, 568, 106 S. Ct. 1340, 1345, 89 L. Ed. 2d 525, 534 (1986).
Maryland law recognizes that the prejudice to a defendant that can arise from shackling extends to the sentencing phase of a capital case where sentencing is by a jury. One of the mitigating factors to be considered by the jury in a capital sentencing is that "it is unlikely that the defendant will engage in further criminal activity that would constitute a continuing threat to society." Art. 27, ยง 413(g)(7). Presenting the defendant in shackles before a sentencing jury impacts adversely on the defendant, particularly as to the possibility of the jury's finding the quoted mitigating circumstance. Expressing the same concept, the Supreme Court of Pennsylvania has said: "Viewing the defendant in handcuffs and shackles during the penalty phase could have the effect of creating in the minds of the jurors the presumption that the defendant is dangerous and therefore worthy of the death sentence." Commonwealth v. Chester, 526 Pa. 578, 587 A.2d 1367, 1378-79, cert. denied sub nom. Laird v. Pennsylvania, 502 U.S. 849, 112 S. Ct. 152, 116 L. Ed. 2d 117, and cert. denied sub nom. Chester v. Pennsylvania, 502 U.S. 959, 112 S. Ct. 422, 116 L. Ed. 2d 442 (1991).
Consequently, in Hunt v. State, 321 Md. 387, 583 A.2d 218 (1990), cert. denied, 502 U.S. 835, 112 S. Ct. 117, 116 L. Ed. 2d 86 (1991), Judge Chasanow, speaking for the Court, set forth the analysis for reviewing whether a convicted murderer may be shackled at a jury sentencing:
"We must determine whether there was an essential state interest in ordering this appellant to wear leg irons during his sentencing hearing and whether, weighed against the state interest, the order posed an unacceptable risk of prejudice. The prejudice posed by security measures, and whether a compelling state interest outweighs that prejudice, must be measured on a case by case basis.
"There are three essential state interests which may justify physically restraining a defendant: Preventing the defendant's escape, protecting those in the courtroom, and maintaining order in the courtroom. Unless one or more of these factors outweigh any prejudice to the defendant, physical restraint is inappropriate."
Id. at 409-10, 583 A.2d at 229 (citation omitted).
Hunt had murdered a uniformed police officer in order to escape apprehension, and Hunt had fled. Id. at 401-02, 583 A.2d at 224-25. If those facts alone were sufficient to justify the leg irons that restrained Hunt during his sentencing before a jury, then there would have been no necessity for this Court to review the further facts in the Hunt record that supported that physical restraint. Nevertheless, we pointed out that Hunt, prior to committing the murder, had been convicted of armed robbery and assault. Id. at 411 n.4, 583 A.2d at 229 n.4. While confined following his apprehension on the murder charge and prior to the resentencing that is the subject of the reported case, Hunt had "feigned an illness so that he would be sent to the hospital to 'see what my chances were for freedom.'" Id. at 410, 583 A.2d at 229. On two separate occasions during that same confinement, Hunt was caught possessing a knife. Id. at 410 & n.3, 583 A.2d at 229 & n.3. These and other prison rules violations resulted in "continuous
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