GEORGE THOMPSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2016-06-07
No. 1D14-5770
ROBERTS, C.J., and OSTERHAUS, J., concur.
192 So. 3d 711 Florida District Court of Appeal, First District (2016) Positive Treatment
Cited by 1 case

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Synopsis

George Thompson was convicted of aggravated stalking after a jury trial in which heavily-edited videos of his first court appearance (showing him in jail garb) were admitted. Thompson appealed, arguing that displaying him in jail clothing violated his right to a fair trial and the presumption of innocence. The court affirmed, holding that any error was harmless beyond a reasonable doubt because other substantial evidence established guilt and the jury already knew Thompson was incarcerated.


Holding

The court held that while displaying the defendant in jail clothing generally undermines the presumption of innocence, the error—if any—was harmless beyond a reasonable doubt. The probative value of the videos (showing explicit judicial instruction regarding the no-contact order) outweighed their prejudicial effect given that other substantial evidence established guilt on the aggravated stalking charge and the jury already knew Thompson was incarcerated.


Headnotes

[1] An accused should not be compelled to go to trial in prison or jail clothing because of the possible impairment of the presumption of innocence.

[2] It is error for the trial court to compel a defense witness to appear in jail or prison clothing if the defendant objects.

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Key Quotes

“Courts have, with few exceptions, determined that an accused should not be compelled to go to trial in prison or jail clothing because of the possible impairment of the presumption that is so basic to the adversary system”

Establishes the general rule against displaying defendants in jail garb at trial under Estelle v. Williams

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Facts & Procedural History

Thompson was charged with aggravated stalking after court order. At his first appearance, a judge instructed him to have no contact with the victim. D…

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Opinion of the Court
MAKAR, J.

MAKAR, J.

Appellant George . Thompson was charged with aggravated stalking after court order. He was convicted after. a jury trial in which itwo heavily-edited videos were shown of his first appearances in • criminal court in jail garb in front of a judge who instructed him to have no contact with, the victim. Despite the judicial admonition, Thompson made - repeated phone calls to her (fifty-one from jail in one day alone) and continued his stalking of the victim while incarcerated and upon release. The trial judge in this case ruled that the probative value of the videos (showing that Thompson was explicitly instructed to have no contact) outweighed their prejudice (showing Thompson in jail garb), which Thompson claims was error and deprived him of á fair trial. '

As a general matter, Thompson is correct that showing him in jail clothing during his criminal jury trial undermines the presumption of innocence to which he is entitled. Estelle v. Williams, 425 U.S. 501, 504, 96 S.Ct. 1691, 48 L.Ed.2d 126 *712(1976) (noting that “[c]ourts have, with few exceptions, determined that an accused should not be compelled to go to trial in prison or jail clothing because of the possible impairment of the presumption that is so basic to the adversary system”) (footnote omitted); see also Hayes v. State, 140 So.3d 1106, 1108 (Fla. 1st DCA 2014) (“[I]t is error for the trial court to compel a defense witness to appear in jail or prison clothing if the defendant objects.”). Here, he was not required to wear jail clothing during the trial, he committed a portion of the charged crime while in jail (the repeated jailhouse phone calls), and the videos were edited to include only the limited portions where he was told (and said he understood) that he was to have no contact with the victim. But playing the video and accompanying audio allowed the prosecutor to use the visual and aural imprimatur of the first appearance judge as a quasi-witness against Thompson, which is prejudicial. The potential for error could have been reduced by simply allowing the jury to review a stipulation or transcription of what the first appearance - judge told Thompson (that might have allowed Thompson to claim he didn’t understand the judge, but the clarity of what is said rebuts that). Indeed, the trial judge inquired about playing only the audio portion of the videos, but was told that was not possible; why the video screen could ■not be turned off or covered is unexplained in the record. We are left with the case as we find it.

As mentioned forty years ago, “the courts have refused to embrace a mechanical rule vitiating any conviction, regardless of the circumstances, where the accused appeared before the jury in prison garb.” Estelle, 425 U.S. at 507, 96 S.Ct. 1691. Moreover, the “harmless-error doctrine is applicable to this line of cases.” Id. at 506, 96 S.Ct. 1691. To the extent an error occurred here, it was harmless beyond a reasonable doubt. Yes, the videos were important evidence that resulted in an aggravated stalking conviction (versus a lesser stalking charge), but other substantial evidence established guilt on the more severe charge. And the jury already knew that Thompson was in jail when he made harassing calls and was put on notice by the first appearance judge, thereby attenuating the impact the videos would have had. U.S. ex rel. Stahl v. Henderson, 472 F.2d 556, 557 (5th Cir.1973) (“No prejudice can result from seeing that which is already known.”). Under these circumstances, affirmance is warranted.

AFFIRMED.

ROBERTS, C.J., and OSTERHAUS, J., concur.


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Citator

Cited By

  • Sherod C. Greene v. State (Fla. 4th DCA 2021)
    …les.” Maxwell v. Wainwright, 490 So. 2d 927, 930–31 (Fla. 1986). “Showing [a defendant] in jail clothing during [the defendant’s] criminal jury trial undermines the presumption of innocence to which [the defendant] is entitled.” Thompson v. State, 192 So. 3d 711, 711 (Fla. 1st DCA 2016). Similarly, “[a]llowing a defendant to appear before the jury in restraint devices is an inherently prejudicial practice that undermines the presumption of innocence and the right to a fair trial.” Miller v. State, 852 So.…

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