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San Diego

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A defendant who mooned a judge and jury at his robbery trial has been ordered removed from court and tried in absentia.

Lee Roy Castellano, 39, of San Diego pulled down his pants and underwear before San Diego Superior Court Judge Norbert Ehrenfreund and the jury hearing his case Tuesday.

Bailiffs immediately subdued him and pulled up his pants, but not before Castellano yelled out crude remarks.

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After Castellano was taken from the courtroom, the judge told the jury to disregard the incident in deciding his guilt or innocence on the robbery charges.

Observers said the court reporter remained composed and continued taking down Castellano’s remarks during the incident.

Final arguments are scheduled for today, but Castellano will not be present. Instead, he will hear the proceedings from a nearby room.

This was the second outburst this week by the defendant. On Monday, Castellano threw a water pitcher at Deputy Dist. Atty. Josephine Kiernan. The pitcher missed Kiernan, but water splashed on her and several jurors.

Ehrenfreund told jurors to disregard that incident as well.

Castellano’s attorney, Victor Eriksen, moved for a mistrial based on his client’s prejudicial conduct in court, but it was denied.

In the Monday incident, Castellano told the judge he was frustrated with legal motions in his case. He returned to the courtroom Tuesday in chains, but managed to expose himself when he stood to leave during a recess.

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