LAFAYETTE, La. – A Louisiana attorney was found in contempt of court for filming a defendant in another case having his mouth taped shut by a bailiff.
Lafayette
Judge Marilyn Castle ordered public defender Michael Gregory to pay a
$100 fine and said he cannot bring his cellphone, nor use someone
else's, to the Lafayette Parish courthouse for six months.
Cellphones
are banned from courthouses in Louisiana except by officers of the
court, which includes attorneys. But filming, broadcasting or
photographing inside a courtroom is prohibited.
"This
is not a pleasurable thing to do," Castle said in the Friday hearing.
"If I were to ignore it, I would be in violation of the rules."
Castle
ruled Gregory was in constructive contempt rather than direct contempt,
which occurs when contempt is committed in "immediate view and presence
of the court," according to state law.
Gregory
was in the courtroom July 18 at the same time Michael Duhon was being
sentenced for theft of more than $25,000 and money laundering. Duhon
repeatedly interrupted the hearing, and Castle ordered a bailiff to tape Duhon's mouth shut, according to court minutes. Gregory filmed the action with his cellphone.
At
his contempt hearing, where about two dozen lawyers and supporters
filled the courtroom, Gregory argued he was not in contempt because
court rules do not explicitly bar attorneys from filming. Castle
disagreed.
Gregory said he would appeal the ruling.
The content of the video was not discussed in the hearing.
Gregory
said he felt there was “a compelling necessity to record the
proceeding,” but Castle said the focus was on the inappropriate filming
itself, not what the recording captured.
“The subject of what was photographed is irrelevant. It’s that you did it,” Castle said.
Gregory submitted a copy of the video as evidence and Castle put it under seal, making it unavailable to the public.
Contributing: The Associated Press; follow Ashley White on Twitter: @AshleyyDi
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