(WWL) -- A state district judge in Lafayette has found a public defender in contempt of court after he filmed a bailiff duct-taping a defendant's mouth shut during a sentencing hearing this month.
Louisiana District Judge Marilyn Castle barred attorney Michael Gregory from bringing a cellphone into the 15th Judicial District court building or from using anyone else's cellphone in the court house for six months. She has also ordered him to pay a $100 fine.
Gregory says he plans to appeal Friday's ruling.
The contempt hearing was called after Gregory filmed a bailiff putting tape on Michael C. Duhon's mouth during his July 18 sentencing hearing.
Duhon was being sentenced for theft and money laundering. However, he repeatedly interrupted proceedings by submitting motions on his own behalf instead of through his attorney.
After repeatedly requesting that Duhon be quiet, Judge Castle ordered the bailiff to tape Duhon's mouth shut.
The tape was removed after an objection from Duhon's public defense attorney, Aaron Adams, who requested the judge remove his client from the courtroom instead.
Castle eventually sentenced Duhon to 11 years in prison for theft of over $25,000 and money laundering. The judge also recommended he receive mental health treatment.
The ACLU has called the taping incident shocking, dehumanizing, and brutal.
But, longtime Lafayette Attorney Tommy Guilbeau is defending Castle, saying the judge has the responsibility to make sure justice is done and court business is carried out.
"Absolutely. Under Louisiana law, Supreme Court decisions, US Supreme Court and Louisiana Supreme Court decisions all say that it’s the discretion of the judge and they can do it."
Guilbeau says a judge can order someone to be bound, gagged, duck taped or removed from the courtroom.
“They know better. They can be held in contempt and in this case, he got his mouth taped. He should have calmed down and done what she told him several times, in my opinion,” said Guilbeau.