The State - News from March 15, 1988

The shackling of former Black Panther Johnny Spain at his murder trial stemming from a 1971 San Quentin prison breakout attempt was justified by the threat of violence, a prosecutor told an appeals court. As Spain, newly released from prison after 21 years, looked on, Deputy Atty. Gen. Ronald Niver argued that the trial judge “was confronted with six violent men” charged with murder. “It was reasonable for (the judge) to fear for the safety of those in the courtroom,” Niver told the 9th U.S. Circuit Court of Appeals. But Spain’s lawyer, Dennis Riordan, urged the panel to uphold a lower court order granting Spain a new trial on the grounds that the shackles influenced the jury and deterred Spain, now 38, from testifying.