CSS 2020-02-10 Item 1B - Funding - 2 FTE Transport Officers for Inmate Appearances for $188,000

Browse Search

No. 51177-1-II Because the purposes of the pretrial phase and guilt phase of criminal proceedings are different, we assess the harmlessness of Jackson's restraints during pretrial hearings and during jury trial separately. See Finch, 137 Wn.2d at 862. During the pretrial proceedings, one of the trial court's duties was to set bail. During jury trial, the inquiry was whether evidence established Jackson's guilt of the charged crime. Jackson argues that his shackling during pretrial proceedings was not harmless error because "[s]hackles make a person appear dangerous and unmanageable, which prejudices the court's assessment of whether to release Mr. Jackson and what bail amount he must post." Br. of Appellant at 26. He further argues that his shackling was harmful error because it resulted in a high bail that he could not afford to pay, which prevented him from assisting in his defense by timely providing the text messages from his phone. Jackson appeared in a belly chain and shackles for his pretrial hearings. The trial court set bail at $35,000 based on "the nature of the charges, the criminal history, [and] the fact that there's been at least four or five warrants over the years." RP at 14. At an arraignment hearing a few days later, the trial court declined to lower bail, in part, due to the nature of the charges and concerns for the community's safety, and due to concerns that Jackson may not appear at future proceedings. The likelihood of prejudice is significantly reduced in a proceeding without a jury. State v. E.J.Y., 113 Wn. App. 940, 952, 55 P.3d 673 (2002). There is a presumption that the trial court properly discharged its official duties without bias or prejudice. In re Pers. Restraint of Davis, 152 Wn.2d 647, 692, 101 P.3d 1 (2004). Additionally here, the trial court pointed to significant concerns that Jackson posed a flight risk if he was released based on his history of outstanding 23