Judge has public defender handcuffed, but gives him a break at contempt hearing
Warned by the Virginia judge hearing a motion in a second-degree murder case to stop arguing after the court had already ruled, an assistant public defender said a few words too many.
That prompted Circuit Judge Johnny E. Morrison to hold attorney Dennis McCarthy in contempt and have him taken into custody and handcuffed after a July 21 hearing, the Virginian-Pilot reports.
But McCarthy then caught a few breaks. Morrison ordered him released after about five minutes. And, at a follow-up hearing in Portsmouth on Monday, the judge agreed to a request by McCarthy’s attorney to drop the contempt charge.
McCarthy apologized, saying that he had been worried about the outcome for his client when the judge ruled that a jailhouse informant would be allowed to testify.
The judge said he had to enforce his warning, or McCarthy’s conduct would have set a bad precedent that other attorneys might have been tempted to follow. “My hands were tied,” Morrison said.
Attorney Michael Massie represented McCarthy at Monday’s hearing. He emphasized the “young age” of McCarthy, who has been a public defender for about five years.
“He was in a tough position. … He was gravely concerned about his client,” Massie said. “He was never intending to disrespect the court.”
Updated on Aug. 28 to fix a typo.
