“Duct tape is a handy tool,” said Judge Belden of Canton, Ohio. “Duct tape and WD-40 are two of the greatest things that have ever been invented.”
The 51-year-old defendant Harry Brown stood before Judge Belden at his preliminary hearing in Canton Municipal Court with his mouth duct taped shut.
Brown, who had been charged with fighting with Wal-Mart security officers, robbery and obstruction of justice, told the judge that he’d fired his public defender. Within moments, Brown began to interrupt the Judge and was obviously argumentative.
The courtroom cameras and recording equipment captured the dialogue as the judge warned he would tape Brown’s mouth shut.
“I’m going to get some duct tape if you keep interrupting…Mr. Smith. I’m going to have the (bailiff) put it over your mouth.”
Brown retorted, “I’m going to go back there.”
Judge Belden responded, “you listen to me. No, you can’t go back there and sit. You’re staying right here.” Brown insisted, “no, I’m going…”
“Alright, duct tape.” Belden signaled his bailiff to tape Brown’s mouth and moments later, tape was applied and later removed to allow Brown to question a witness.
The tape was re-applied after Brown began to argue once more.
“I’m not being disrespectful, your Honor,” Brown said. “I think you’re being more disrespectful to me, as, you know…” Judge Belden banged his gavel and said, “OK, that’s it, that’s it. Prelim (preliminary hearing) is over. You’re bound over. I find probable cause. You can go back, down in the basement.”
While being escorted from the courtroom, Brown mumbled obscenities. “OK, you can get 30 more days, on top of whatever you get, for contempt,” Belden told the defendant.
“You have to put your foot down sometimes.” Judge Belden added, “If I did that sort of thing that when I was back in Catholic grade school, if I ever did that to a nun, I would have gotten a lot worse than duct tape, I can tell you that.”
“Obviously, the judge has a lot of discretion from the bench. He’s got the obligation to maintain order and decorum in the court and he did what he thought was necessary,” a court administrator, Michael Kochera, said.
When asked about his unusual mans of silencing the defendant, he simply shook his head.
