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U. S. EX REL. BOOTHE v. SUPERINTENDENT, ETC.

No. 79-C-2402.

506 F.Supp. 1337 (1981)

UNITED STATES ex rel. Michael BOOTHE, Petitioner, v. SUPERINTENDENT, WOODBOURNE CORRECTIONAL FACILITY; and Honorable Robert Abrams, Attorney General of the State of New York, Respondents.

United States District Court, E. D. New York.

February 3, 1981.

Attorney(s) appearing for the Case

Kramer, Levin, Nessen, Kamin & Soll, New York City, for petitioner; Greg A. Danilow, Lawrence S. Robbins, New York City, of counsel.

Eugene Gold, Dist. Atty., Kings County, Brooklyn, N. Y., for respondents; Dan A. Landes, Asst. Dist. Atty., Brooklyn, N. Y., of counsel.

MEMORANDUM AND ORDER

WEINSTEIN, Chief Judge.

When petitioner became obstreperous he was bound and gagged in full view of the jury. The trial judge sought to minimize prejudice by utilizing relatively inexpensive electronic equipment that would have enabled petitioner to participate in his trial from outside the courtroom. Because no funds were available the judge was precluded from exercising this discretion...

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