Attorney Jailed for Failing to Tell Court Client Is Deaf

Defense attorney C. Logan McKechnie was found in contempt of court Wednesday and jailed until 6 a.m. today because he failed to tell a judge that a Santee man he represents has a severe hearing loss and could not hear testimony.

“I feel your conduct has embarrassed this court,” said San Diego Municipal Judge Herbert Exarhos, who fined McKechnie $500. “You have obstructed justice.”

The contempt citation came after an afternoon of testimony in the preliminary hearing of Robert Boeckman, 27, of Santee, charged with three other men with conspiring in San Diego in a failed plot to murder an attorney in Oklahoma.

The disclosure of his client’s deafness came after McKechnie asked that the bailiff instruct witnesses not to peer in the court’s windows because they might be able to read a witness’ lips, like his client is able to do.

“I’m at a loss that you haven’t brought this to the court’s attention (earlier),” Exarhos said.

McKechnie said there is nothing the court could do to help Boeckman, whom he said has a “severe hearing loss” and wears a hearing aid.

“Maybe he can hear me cite you for contempt for not telling me of this disability,” said an irritated Exarhos.

The judge then asked Boeckman whether he had heard a witness testify for two hours.

“I have heard very little of what anyone has said,” Boeckman replied.

Exarhos asked Boeckman another question and Boeckman said, “Do what?” The judge asked Boeckman again, and he answered, “What?”

“I’m stunned he would let these proceedings go on . . . I’m shocked,” Exarhos said, and found McKechnie in contempt of court.

The hearing is to continue today and is expected to last several weeks. The judge told Boeckman he would have him sit at a spot in the courtroom where he could read the lips of participants, or perhaps wear headphones with amplified sound.

McKechnie represented Herman (Rock) Kreutzer at the trial in which the one-time amusement park owner was convicted of murdering his son-in-law.

McKechnie apologized to Exarhos when he was sentenced and called his action “an oversight on my part.” He said he had mentioned his client’s disability in another court, but “in the zeal of starting today, it did not occur to me” to tell Exarhos.

“It was an intentional act (of omission) as far as I’m concerned,” the judge said.

The judge refused to allow McKechnie a postponement of the jail time.