Defense Witness's Prison Garb Gets Man's Conviction Tossed Out

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By Newark Star-Ledger

Published: 07/16/2003

The New Jersey Supreme Court ruled recently that a jail inmate testifying for the defense in a criminal trial should not appear before the jury in prison garb and restraints.
The high court, in a 6-0 decision, reversed the conviction of a Camden County drug dealer and ordered that he receive a new trial. The court held that a decision by Superior Court Judge Linda G. Baxter to have a defense witness appear in court wearing prison garb and handcuffs violated the defendant's right to a fair trial.
The ruling affects Sherman Artwell, 33, who is serving three to seven years at New Jersey State Prison in Trenton. In 2000, a Camden County jury convicted Artwell of possession of cocaine with intent to distribute.
During the trial, Herbert Boone of Camden was called to testify for the defense. Boone was being held in the Camden County Jail because he could not make bail on a charge of failing to pay child support. Although Artwell's attorney protested out of the presence of the jury, Baxter ruled that Boone could testify in the orange jumpsuit of an inmate and while handcuffed.
The Supreme Court noted that consistent with the right to a fair trial, a judge may not require a defendant to appear before a jury in restraints unless there are compelling reasons, because a jury might consider the individual dangerous and not to be trusted.
Yesterday's ruling extended that standard to defense witnesses.
'The appearance of a defense witness in restraints undermines the credibility of the testimony that witness offers on the defendant's behalf,' Justice James R. Zazzali wrote for the court. 'Because the appearance of a defense witness in restraints presents a risk of unfair prejudice to a defendant, the trial court may subject a witness to physical restraint only when it has reason to believe it is necessary to maintain the security of the courtroom.'
'Although we recognize the administrative inconvenience that rule might impose, the fact that it may be more convenient for prison administrators to allow defense witnesses to remain dressed in prison clothes is not an essential state interest that justifies the practice,' Zazzali stated. 'Instead, as a general rule the corrections authorities should supply defense witnesses with civilian clothing and those witnesses should enter the courtroom in such attire.'
First Assistant Camden County Prosecutor James Lynch said his office will retry Artwell. He noted a state appeals court panel, in making a ruling similar to the Supreme Court, pointed out that Boone's testimony played little role in the outcome of the trial.
'The opinion of the Supreme Court makes sense in terms of policy,' he said. 'I just wish the conviction had not been reversed. The decision could have been made and not disturbed the conviction of Mr. Artwell.'
Lynch said he routinely has jailed prosecution witnesses appear in prison garb. The ruling does not affect prosecution witnesses.
Shepard K. Kays of Sparta was the court-appointed lawyer who argued the case for Artwell. He could not be reached for comment.

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