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New Trial Granted Man Shocked by Stun Belt

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SPECIAL TO THE TIMES

A defendant jolted with 50,000 volts of electricity for interrupting a judge at his June sentencing hearing was awarded a new trial Friday.

Long Beach Superior Court Judge Arthur Jean said he “reluctantly and regretfully” granted Ronnie Hawkins’ request, adding that, because he was acting as his own lawyer, Hawkins should not have been thrown out of court during his three-strikes trial in April.

Hawkins’ attorneys argued that their client had not acted violently or loudly during his trial and did not deserve expulsion. The eight-second, high-voltage, low-amperage shock from a stun belt that he endured June 30 played little role in Jean’s decision.

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Though granting the new trial, the judge condemned the defendant’s behavior, particularly his repeated interruptions and violations of Municipal Judge Joan Comparet-Cassani’s order forbidding him from telling jurors he was HIV-positive and facing a sentence of 25 years to life.

“Mr. Hawkins’ conduct was outrageous,” Jean said, adding that he wished he could deny the request for a new trial but was bound by law. “I think that by granting this motion, I’m sending a signal to other [defendants representing themselves] that they can . . . benefit from misconduct.”

A jury convicted Hawkins of petty theft with a prior offense and second-degree burglary for stealing $265 worth of over-the-counter painkillers. During the trial, Comparet-Cassani twice expelled Hawkins for repeatedly violating her orders.

At the sentencing hearing, she outraged onlookers by ordering Hawkins shocked after he interrupted her repeatedly.

On Friday, Hawkins sat passively as his team of lawyers argued for the new trial and unsuccessfully asked Jean to dismiss the case in the interest of justice.

Hawkins then asked the court to appoint--at public expense--his team of lawyers, which includes civil rights attorney Stephen Yagman, who remains suspended by the State Bar of California. Jean rejected Hawkins’ request and refused to allow him to represent himself again.

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Instead, the judge appointed the public defender’s office to represent Hawkins.

Outside the courthouse, as a dozen protesters waved placards against the state three-strikes law, Hawkins’ attorneys criticized Comparet-Cassani’s recent declaration in federal court that she feared for her own and others’ safety when she ordered Hawkins shocked.

According to a transcript of the sentencing hearing, Comparet-Cassani told Hawkins that she ordered a bailiff to activate the stun belt’s remote control “because you refused to obey my order to stop interrupting me.”

The California Commission on Judicial Performance, which has authority to discipline judges, is investigating the incident, as is the FBI.

The Los Angeles County Sheriff’s Department said the episode marked the first time the belt had been activated on a defendant in the county.

Since then, it has been switched on at least once more. Last month, a sheriff’s sergeant at Compton Superior Court stunned Cedric Johnson after he punched his attorney, Steven Hauser. Hauser said the belt was activated twice before deputies managed to control Johnson, a murder defendant who was not wearing any other restraints.

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