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ML boy will remain in shackles during court

Herald Staff Writer | Hagadone News Network | UPDATED 11 years, 1 month AGO
by Herald Staff WriterCONNOR VANDERWEYST
| October 9, 2013 6:00 AM

EPHRATA - The Moses Lake boy accused of shooting his parents will remain in shackles during court proceedings.

Grant County Judge Pro-tem Harry Ries filed his response to the respondent's motion to appear in court without restraints recently.

Restraints violate the 14-year-old's Constitutional rights, including his right to be presumed innocent and his right to confer with counsel, defense attorney Lylianne Couture said in court documents. Couture also argued that a hearing was needed to determine if restraints are justified.

"The pre-trial publicity and press coverage of (the boy) in shackles is prejudicing the jury pool," she wrote.

The prosecution argued that restraints are permissible and don't violate the respondent's rights because pre-trial hearings are conducted in front of a judge and not a jury. The prosecution argued that a hearing wasn't required for the same reason.

The prosecution also brought up an alleged June assault reported between the 14-year-old and another boy at the detention facility.

On June 16, at 9:16 p.m. staff member noticed a boy lying on his back bleeding from his face. The victim reportedly told staff members that the 14-year-old had punched him.

According to court documents, when asked about the altercation the next day, the 14-year-old reportedly said that he couldn't discuss the incident except with his attorney but did say, "I get angry, I hallucinate, I was not even aware I hit him."

Ries agreed with the prosecution, stating Couture didn't provide any evidence that press coverage of the boy in shackles would manipulate the jury. Ries also stated he didn't believe the restraints would interfere with the boy's ability to speak with his attorney.

"This court has not observed any difficulty to the respondent as a result of the restraints, nor has the respondent expressed any concern regarding the use of restraints prior to the current motion," he wrote.

Ries denied the motion, stating he defers to the policy of the Grant County Juvenile Department, which is to keep respondents shackled, because the pre-trial hearings are in front of a judge and not a jury.

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