Terry Lee Morris, a convicted sex offender, will get a new trial after he was shocked three times when he refused to enter a guilty or not guilty plea.
State District Judge George Gallagher of Tarrant County ordered a bailiff to administer the shocks via a stun belt. According to court records, Morris refused to enter a plea, and instead, wanted to present his defense.
Morris, 54, was convicted of soliciting sexual performance from a 15-year old girl. He appealed his conviction alleging Judge Gallagher violated his constitutional rights by repeatedly shocking him after he failed to answer his questions. Stun belts are installed (and used) around a defendant’s leg when it appears a defendant could turn violent or attempt to escape a courtroom.
The Texas Eighth Court of Appeals in El Paso overturned his conviction, saying Judge Gallagher used electric shocks because the defendant did not answer questions or follow the rules of the court. Justice Yvonne Rodriguez wrote, “We do not believe that trial judges can use stun belts to enforce decorum.”
Billy Ray, Morris’s attorney, told Texas Lawyer he doesn’t believe his client was actually shocked – he doesn’t think the stun belts were functioning. Ray said Morris was acting like a “loaded cannon that was ready to go off.” Judge Gallagher stated for the record that he was concerned about Morris’s behavior and movements, and the shocks were used for the safety of the lawyers and all those present.
The Texas Eighth Court of Appeals disagreed, and ruled that Gallagher ordered the shocks as punishment rather than security. Morris will receive a new trial.
What do you think? Should a judge be allowed to administer electric shocks to a criminal defendant who refuses to follow a trial judge’s instructions?
