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No. 51177-1-II <br />second and third time. Finally, Jackson released Black and starting crying and apologizing for <br />almost killing her. Later that afternoon, Black told her sister that Jackson had tried to kill her and <br />her sister called the police. <br />The trial court admitted a series of text messages between Black and Jackson from the day <br />of the incident. The messages were obtained from both Black's and Jackson's phones because <br />Black had deleted several messages.' <br />Dr. John Shima, an emergency room physician who evaluated Black the evening of the <br />incident, also testified at trial. Dr. Shima observed that there were mild abrasions and bruises <br />around Black's neck consistent with a strangulation event. <br />Jackson testified in his defense. To avoid the jury seeing Jackson struggle to walk with his <br />leg restraint to the witness stand, the trial court instructed Jackson to enter the stand before the jury <br />entered the courtroom. Jackson asked the trial court if he needed to stand when the jury came in. <br />The trial court asked if it was difficult for Jackson to stand with the restraint. Jackson's defense <br />counsel responded, "I mean, he's been doing it, but the brace will be basically on the leg next to <br />them, when he's sitting up there, it's on his left leg." RP at 448. The court continued, "I'll give <br />you the oath seated, so just have a seat. Actually, if you're standing when they come in, is it <br />problematic sitting down, I mean, is it observable?" RP at 448. Jackson responded, "They can <br />actually see it.... Yeah, it's gonna be noticeable for them." RP at 448. The trial court instructed <br />him to remain seated. RP at 448. <br />1 The messages from Jackson's phone were not obtained until the beginning of trial because the <br />phone had remained with Jackson's brother in a different town while Jackson was incarcerated <br />leading up to the trial. The day trial began, Jackson's uncle transported the phone to the court. <br />11 <br />