Lawyers want kids unshackled in
court
The Miami-Dade Public
Defender's Office asks the Juvenile Court to stop forcing
suspects to appear in restraints.
By ABHI RAGHUNATHAN and KEVIN GRAHAM
Published September 13, 2006
Public defenders in South Florida
started a campaign this week to stop forcing child suspects to
appear in court in handcuffs and leg shackles.
The Miami-Dade County Public
Defender's Office filed a series of motions Monday with Juvenile
Court judges seeking an end to the practice and said it would seek
support from the Florida Bar for a statewide prohibition.
In the first legal test, a
Miami-Dade circuit judge agreed to let most juveniles appear before
him without handcuffs or leg shackles.
"It's an appalling spectacle to see
all detained children paraded into court with their wrists in
handcuffs and ankles bound in leg irons," said Miami-Dade Public
Defender Bennett H. Brummer.
The state Department of Juvenile
Justice places all youths in handcuffs, waist chains and ankle
shackles while transporting them. Individual judges have discretion
to remove shackles from offenders appearing in their courtrooms.
Public defenders in Pinellas and
Hillsborough counties said they applauded the effort by their
colleagues but did not anticipate filing similar motions.
"I wish them well," said Ron Eide,
the chief assistant in Pinellas-Pasco Public Defender Bob
Dillinger's office.
Several years ago, Dillinger filed
motions to stop the practice of shackling juveniles, Eide said. But
Judge Frank Quesada turned down his request.
John Skye, assistant public
defender in Hillsborough County, said removing shackles from
juveniles comes with a "host of legal problems" that have to be
addressed.
"While we are entirely sympathetic
to the situation and the idea, we wish the Public Defender's Office
in Miami all the luck in the world, and we agree with everything in
their motion," Skye said. But "the approach we are taking right now
is to have a dialogue."
Skye said Florida Supreme Court
Chief Justice R. Fred Lewis plans to meet locally with judges,
lawyers and the Department of Juvenile Justice in the next couple of
months. The issue of unshackling juveniles, Skye said, is one that
they likely will discuss.
The state Department of Juvenile
Justice said the practice is justified because some youthful
suspects are accused of serious crimes, such as murder and armed
robbery.
"It is the agency's responsibility
to minimize their risk of escaping," said Cynthia Lorenzo, the
department's chief of staff.
Broward County's public defender,
Howard Finklestein, said he also intends to file similar motions.
"These are children, and we are
treating them like wild animals," Finklestein said.
Information from the Associated
Press was used in this report. Abhi Raghunathan can be reached at
araghunathan@sptimes.com
or 727 893-8472.
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