USA: Judge Silences Defendant With Electric Stun Belt

Derechos Human Rights Urgent Action
http://www.derechos.org/

United States
Possible torture of Ronald Hawkins, 48
July 13, 1998


On June 30, 1998, Ronnie Hawkins was in court acting as his own lawyer in
a hearing before Municipal Judge Joan Comparet-Cassani in Long Beach,
California.  He had been convicted of "petty theft with a prior," which,
because of two prior felony convictions, was classified as a felony,
subjecting him to a mandatory 25 years to life prison sentence. 

Hawkins angered Judge Comparet-Cassani during the hearing by
continually speaking out of turn.  Several of those in the courtroom
noted that Hawkins was speaking loudly and interrupting the judge but
was not using profanities or acting aggressively.  In response to
Hawkins' loud talking, Judge Comparet-Cassani ordered a bailiff to
deliver a jolt of electricity lasting eight second to Hawkins.  Witnesses
reported that Hawkins grimaced and was very stiff as the electric shock
moved through his body.  Hawkins described the shock as "...a stinging
in my spine and then a lot of pain in my back. I was paralyzed for about
four seconds."

In comments to the Los Angeles Times, Marcia Morrissey, president of
the California Attorneys for Criminal Justice, said "It's a battery.  You
couldn't throw an object because someone is interrupting you, and you
certainly can't use electricity against someone who is interrupting you." 

According to court officials, Hawkins had been fitted with an electronic
stun belt because he had been violent in jail and had disrupted previous
court proceedings.  According to Stun-Tech, Inc., the manufacturer of
the stun belt, the belt is worn under the wearer's clothing so that jurors
will not know that it is being used.  The stun belt delivers a 50,000-volt
electric shock for eight seconds in an area over the wearer's left kidney
and can be activated remotely up to 300 feet away.

Stun-Tech Inc. president Dennis Kaufman claims that 15 states and 100
counties across the United States use the REACT stun belt.  Of the 27
times a stun belt has been used to deliver electricity to a prisoner since it
came on the market in 1993, eight of those were by accident, according
to Kaufman.  Stun-Tech claims that the device is safe because it uses
low amperage.

However, use of the belt and similar devices is being fought by Amnesty
International and other human rights groups because of its potential to
be used for torture.  According to Amnesty International, scientists in
Great Britain concluded that the shock delivered by the belt is a risk for
people with heart ailments.  In addition, the device leaves no signs that
it has been used and there is no way to determine whether the device has
been activated, leaving it open to abuse.

California Penal Code Section 206 states, "Every person who, with the
intent to cause cruel or extreme pain and suffering for the purpose of
revenge, extortion, persuasion, or for any sadistic purpose, inflicts great
bodily injury as defined in Section 12022.7 upon the person of another,
is guilty of torture."  Section 2340(1) of Title 18 of the United States
Code defines torture as "an act committed by a person acting under the
color of law specifically intended to inflict severe physical or mental
pain or suffering (other than pain or suffering incidental to lawful
sanctions) upon another person within his custody or physical control..."

Please write to the individuals below:

- expressing your outrage that an electric stun belt was used to silence a
defendant who was not acting violently or aggressively.

- requesting that the electric stun belt and similar devices be removed
from use until they include a way to determine if the device has been
used.

- requesting that the incident be thoroughly investigated, and if
warranted, bring criminal charges of battery and torture in accordance
with California and U.S. federal law.

Governor Pete Wilson
State Capitol, 1st Floor
Sacramento, CA 95814
Phone: (916) 445-2841
Fax: (916) 445-4633

Gil Garcetti, D.A.
Los Angeles County District Attorney's Office
210 W. Temple St. Rm. 18000 
Los Angeles, CA. 90012 
Phone (213) 974-3512

Attorney General Daniel E. Lungren
1300 I Street
Sacramento, CA 95814
Phone: (916) 445-9555
Fax: (916) 324-5205

The Human Rights Action Network, a part of Derechos Human Rights, distributes appeals on behalf of victims of human rights violations. You are invited to join the network. Please check the date of the present action and do not write if it's over a month old.