Laserfiche WebLink
City of Tukwila My WebLink |HelpSearch Tips |About |Sign Out
No. 51177-141 <br />warrants. Because the record suggests that the trial court's bail determination was not driven by <br />the sentiment that Jackson was dangerous, which Jackson's shackles could have contributed to, <br />we hold that the trial court's error in restraining Jackson during pretrial proceedings was harmless <br />beyond a reasonable doubt. <br />We also hold that the trial court's error in restraining Jackson during trial was harmless <br />beyond a reasonable doubt. Improperly restraining a defendant is harmless error if the jury does <br />not see the defendant in restraints. Clark, 143 Wn.2d at 777. Although Jackson told the court that, <br />from the witness stand, the jury could see his leg brace restraint if he was standing, nothing in the <br />record suggests that the jury actually saw or was aware of the leg restraint, in part because Jackson <br />remained seated in the jury's presence. Jackson's defense counsel acknowledged that the brace <br />was "not visible from outside his clothes." RP at 75. Furthermore, Jackson moved around the <br />courtroom only while the jury was not present so the jury would not see Jackson struggle to walk <br />with the brace. Because there is no evidence that the unseen restraint had a substantial or injurious <br />effect on the jury's verdict, we hold that the erroneous imposition of the leg brace restraint was <br />harmless beyond a reasonable doubt. <br />12 <br />24 <br />