Judge orders to shut defendant's mouth with tape
A Ohio judge ordered a prisoner’s mouth be taped shut in court because the defendant wouldn’t stop talking. Disturbing video shows six deputies surrounding the man before gagging him.
Ohio judge John Russo ordered court deputies to shut the mouth of defendant Franklyn Williams during his sentencing hearing at the Cuyahoga County Common Pleas Court on Tuesday.
Video filmed inside the court shows Williams speaking as Ruso repeatedly tells him to be quiet, Fox8 reports. “Shut your mouth and I will tell you when you can talk. You got it?” the judge said.
“You’ll get a chance to talk. I am going to give you a chance to talk,” Russo added, before warning the defendant: “If I have to, I will gag you in one second.”
Williams was attempting to tell the court he had only just met his attorney and that his belongings had been taken from his cell.
A group of six deputies surrounded Williams before they covered his mouth with red duct tape. “It’s against my rights, man, it’s not fair,” Williams said as a deputy prepared the tape, WHIOTV reports. “This judge is just trying to send me to prison. I’m getting no justice, this is not a fair trial.”
Russo later defended his order, telling Fox8 he knew Williams was “someone who liked to speak,” and that he gave him more than a dozen warnings to stop talking. He added that it was perfectly legal for a sheriff’s deputy to gag a defendant.
Williams was sentenced to 24 years in prison for aggravated robbery, kidnapping and misuse of credit cards. He had previously been sentenced to 14 years after pleading guilty, but later won an appeal because he had been misinformed about when he would be eligible for early release from prison.
During his retrial in December, he cut off his ankle monitor and fled to Nebraska. The court continued with his trial without him. Once he was caught, Williams said he had been hit on the head in Nebraska and couldn’t remember anything. On Tuesday prosecutors played tapes of his phone calls with family members which contradicted his claim.
courtesy : rt.com
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SC upholds inclusion of ‘secular, socialist’ in Preamble of Constitution
New Delhi: The Supreme Court on Monday upheld the inclusion of the words ‘socialist’ and ‘secular’ in the Preamble of the Constitution, confirming their retrospective application from November 26, 1949. The court ruled that the power to amend the Constitution under Article 368 extends to the Preamble, which is an integral part of the document.
A Bench led by Chief Justice of India Sanjiv Khanna stated, “The power under Article 368 cannot be curtailed. It will equally apply to the Preamble.” The 42nd Constitutional Amendment, which introduced these terms in 1976 during the Emergency, was challenged on grounds of its retrospective application and the lack of states’ ratification.
The petitioners, including BJP leader Subramanian Swamy, argued that the amendment forced a particular economic theory on the nation and violated the original intent of the Constitution. Advocate Ashwini Kumar Upadhyay contended that the Preamble reflects the will of the people at the time of adoption in 1949 and is therefore unalterable.
The court dismissed these objections, affirming that both socialism and secularism are part of the Constitution's Basic Structure. The Bench clarified that socialism refers to a welfare state ensuring equality of opportunity without negating private sector participation or individualism. It emphasised that secularism is embedded in the Constitution, particularly in the principles of equality and fraternity.
Chief Justice Khanna remarked, “Secularism has always been a core feature of the Constitution.” He added that the amendment did not impose socialism as dogma but aligned with the welfare goals enshrined in various constitutional provisions.
