Rosser McDonald - Real Prison Real Freedom

2020 Rosser McDonald

Real Prison
Real Freedom

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Library of Congress Cataloging-in-Publication Data

Library of Congress Control Number: 2019921045

ISBN 978-1-400330652 (Advance Reading Copy)

ISBN 978-1-400330348 (Paperback)

ISBN 978-1-400330355 (Hardbound)

ISBN 978-1-400330362 (eBook)

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W hat is the nature of the motion?

Your Honor, the state has a motion to try him in restraints, now and throughout this trial.

Lets hear whatever evidence you want to present. The court has a standing order not to try inmates in restraints. Unless you have evidence to convince me he should be, he will not be.

We have evidence and were ready to put them on now, if the court so desires.

Lets do it, now, Judge Melvin Whitaker said and shifted in the high-backed leather chair, as if some quick movements might speed things up. The judge was anxious to get preliminaries out of the way. The jurors were milling about the halls and Judge Whitaker was always antsy about keeping them waiting.

Prosecutor Mark Patterson of the Special Prison Prosecution Unit called for Warden Richard Waldron.

As the warden stood up, so did the anxious young defense attorney, Neil Durrance. Your Honor, we would object. I think this motion is untimely.

The objection is overruled.

Warden Waldron glanced to his left as he walked through the door in the mahogany railing that separated the audience from the official proceedings. He saw the defendant, Rickie Smith, and his lawyer, then walked to the right, passing the prosecutor and his investigator. They all shared the same large, sturdy table in this courtroom, instead of the usual separate tables for prosecution and defense.

Patterson led Waldron through the basics, over continuing objections by the defense attorney.

Waldron was warden of the Eastham Unit of the Texas Department of Corrections, commonly called TDC. He began as a guard fourteen years ago and became a warden three years ago, assigned to Eastham.

He explained thats when he met Rickie Smith.

Patterson asked, Warden Waldron: Does inmate Smith, to your knowledge, have a reputation inside of TDC?

His reputation is one of being unpredictable, extremely violent, murderous, uncontrollable.

In your personal experience with inmate Smith, has that reputation been backed up?

Yes!

The prosecutor and the witness then went through a list of persons in the courtroom to establish that the judge, jurors, attorneys, investigator, and the court reporter were all only a few feet from the defendant and vulnerable if he should be able to attack.

And in your experience, would he be the type that might use something sitting right here on a table or here in the courtroom as a weapon?

If he had access to ityes, sir.

In your opinion, would it be safe to have inmate Smith sitting here without restraints while witnesses testify from that box and while the jury was over here in this trial?

Again, sir, considering the unpredictability of his behaviorno sir, I do not believe it would be safe for those people.

In cross examination, defense attorney Durrance tried to soften the harshness of the wardens assertion by asking him if he knew of any time that Rickie Smith had attacked a judge or jurors or anyone else in a courtroom. The warden admitted he did not know of Smith being violent outside of prison. Durrance had the warden describe how six armed prison guards as well as the court bailiff were positioned near the defendant and around the courtroom. Then, they described the routine of searching inmate Smith and going through a metal detector before entering the courtroom.

Next, the prosecution called John Bonner, assistant regional director of TDC in charge of transportation and security of inmates for medical and court appointments. Over defense objections, Patterson asked, In terms of other inmates reputations that you know of in TDC regarding violence and assaultiveness, where would this mans range?

Bonner stated firmly, He would be one of the most assaultive that we have in TDC!

How many people are you aware of that he has stabbed since hes been in TDC?

Durrance stood to his feet, Your Honor, I would object. I think this brings in extraneous offenses.

Judge Whitaker looked at the attorney, It would be a good objection before the jury but before the court, its overruled.

Bonner stated, Personally, I am aware of about five officers that he has assaulted.

Patterson then had Bonner describe how inmate Smith had brought a knife into a disciplinary hearing andeven though he had been searchedstabbed two officers. The setting was compared to the current courtroom scene.

Would the safety of the judge, the witnesses, the court reporter, the jurors, and the other people inside the barwould the safety of these people be in serious jeopardy if inmate Smith was left without restraints?

Anyone inside this courtroom would be in danger with Rickie Smith.

The prosecution put on other witnesses, adding weight to Rickie Smiths reputation as extremely, unpredictably, but expectedly violent. Defense Attorney Durrance tried over and over, unsuccessfully, to keep the testimony out of court. In desperation he tried another strategy which had an even worse effect. He asked questions designed to show that Smiths attacks were only directed at guards in retaliation to mistreatment he had suffered.