Crystal Bonvillian, Cox Media Group National Content Desk, Zoom court hearing ends with defendant in handcuffs, Mans Zoom court hearing ends with handcuffs after hes found attending from victims home. Coby Harris of Sturgis City, Michigan, was facing charges of assault with intent to commit great bodily harm upon his girlfriend Mary Lindsey on the night of Feb 9. after an argument. Its unclear if Harris has been handedadditional charges followingthe hearing. However, there will be some further changes to the system to make it more efficient and not so burdensome on some that may be able to perform lower priority court procedures and hearings more remotely. A cigarette jutted from his lips as he addressed the court. Coby Harris back in court! Present was the police officer, the surgeon, and the judge. Probably the most famous and viral video is of a lawyer on Zoom with two other lawyers appearing before a judge and one of the lawyers zoom picture was a cute white cat on the screen instead of the lawyer. View our. -- Jack Longston, "Deborah Davis is a true hero here. Im hooked up to this wall charger right here.. Are There Benefits to Virtual Domestic Violence Court Hearings? Coby Harris, un joven de 21 aos de la ciudad de Sturgis, Michigan, acusado de violencia domstica, fue descubierto cuando se encontraba en la misma casa que su novia y vctima, Mary Lindsey, mientras ambos asistan a una audiencia judicial va Zoom por la denuncia previa de la mujer. Take your phone with you so that we know youre OK, Davis told her. We are no longer accepting comments on this article. Dont say any more about it, Middleton warned him. 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His surgeries were taking longer than expected and he had an assistant hold the phone on a video conference call with a court over a traffic incident. Im sorry I lied to you. Questions? The judge asked both the victim and the suspect where they were. Support our reporting by becoming a Deadline Detroit member for as little as $3 per month. "Kudos to Deborah Davis, the only one who saw what was happening under everyone's noses," says a YouTube comment under a Southwest Michigan court video seen nearly 1.4 million times. "We're serious as a heart attack, it's the first time I ever had anybody sitting in the next room potentially intimidating a witness.". Harris was released on bond with a no-contact order with Lindsey. IBT Fast Start - Let the best of International News come to you. Molly Abraham, Detroit Food Critic and 'Diehard' Union Supporter, Dies at 92. The prosecutor could be seen putting her head in her hands in shock. Frederick Penney: What things have you had to do to adjust to the new remote system the courts have put into place? If you have $10 million, you can't bond out. I am told to go to a portal and download discovery and that is new. Holding hearings remotely can also be highly beneficial for California restraining order attorneys involved. "Awesome job," comments Jared German, also a reader of the local paper. I dont even think this phone has the charge for that. Middleton indicated that the unique situation, made possible by the COVID-19 pandemic, was a first in his career. During the virtual hearings, attorneys can have the entire electronic file open on their screen, allowing them to quickly access documents, facts, and information without having to flip through boxes of files in the courtroom. However, Harris may face further charges following a disastrous court hearing on Tuesdaywhich culminated in the judge canceling his bond and police appearing on the scene to take him into custody. These proceedings are not confidential and the public has a First Amendment right to attend all stages of criminal trials and all non-confidential family law proceedings. She appeared reluctant to answer any questions and unable to explain why she called the police on Defendant Harris, according to Attorney Davis. She said she had noticedstrange behavior from Lindsey during the hearing, including howshe kept looking off camera when answering questions about the alleged assault. Since the hearing was first streamed on March 2, the video has received more than 1.4 million views. A visibly upset Davis facepalmed as she realized her hunch had been correct. These are just a few examples of issues occurring in court due to allowing remote access to the court hearings. Im not granting a PR bond, he said. They arrested Harris at the judge's direction for violating a court order barring contact with Lindsey. A Michigan man's bond was canceled in a domestic violence case this week after officials realized during a virtual hearing that he was actually in the same location as the victim and possibly intimidating the woman. Tuesdays hearing was a rescheduled examination, which beganMarch 2, after Harris appeared in Judge Jeffrey Middletons court on allegations he assaulted a Sturgis woman with intent to commit bodily harm less than murder. During that hearing, Deborah Davis, assistant to the prosecuting attorney, told Middleton she had reason to believe Harris was in the same home as the complaining witness. The recording shows Lindsey standing up, revealing blue curtains in the room behind her. At the same time, Harris appeared to hit a button on his phone, at which point his screen went black for a few moments. Why? Harris says. He analyzes whether the courts will keep the new changes that include more relaxed filing procedures and allowing individuals and attorneys to appear remotely. A new start in a new home where we both have the ability to express all of our feelings without fear of being criticized for them, for both of us to feel safe at all times, and the ability to show her how loved she is. Code 214; Richmond Newspapers, Inc. v. Virginia (1980) 448 U.S. 555, 580.). He later identified the person on the other end of the line as a police officer who went to Lindseys home. They truly love the person and believe the other partner loves them as they say they do. Jerry!). Todd Kuhnen: The topic of discussion was always coming up about future video appearances, but there did not seem to be an urgency to change the way the courts were requiring attorneys and individuals to personally appear in court. Jerry!). St. Joseph County District Judge Jeffrey Middleton ordered Defendant Harris to walk outside and show him the number on the home from which he was Zooming. Lindsey was then shown speaking to police at her door before the camera cut out; shortly afterward, Harris got up;his video feed cut off as well. The focus of this article is to review some of the positive and negative issues surrounding video conferencing in court and through the litigation process. The judge stated, "Sir you'reyou'renaked". Frederick Penney: How long have you been practicing law and what is your area of practice? After some initial hesitation, Lindsey gave her location to the judge when asked; when Harris was questioned as to where he was at the moment, hegave an addressthat was different from what Lindsey provided. Pro per litigants often file a request for a domestic violence restraining order (DVRO) in an attempt to win a custody battle or obtain exclusive possession of a residence based on allegations of conduct which do not amount to abuse under California family law. After about two minutes, Harris suddenly appeared in the virtual courtroom again using the alleged victim's phone as he was being handcuffed by police. Glad the victim is safe." Harris, who was charged as a habitual offender, faces an enhanced sentence of up to 15 years in prison. Harris was arrested after officers found him attending the hearing at the home of his alleged assault victim, from whom he had been ordered to stay away. An alert prosecutor sensed that, voiced alarm and started steps that brought Sturgis police to the scene. 'The hearing is adjourned. With video conferencing a lot of that is done away with and it is more like you get in and get out much quicker. Luckily, everyone got a kick out of the funny mistake and nobody was disciplined. When the judge asks Harris to show the address on the front of his house, he says he doesnt have enough battery. We may need to adjourn this, your honor, Davis says. Take the cigarette out of your mouth. https://radiolawtalk.com/radio-law-talk-voices/ . It came back online shortly after and this time, Harris could already be seen in police custody. I knew the cops were outside, he said. It contained Lindsays address, which she had given twice at the request of the judges. 'The fact that she's looking off to the side and he's moving around, I want some confirmation that she is safe before we continue.'. About Mary Lindsey Mary Lindsey, a Southwestern Michigan single mother was seen in a dramatic courtroom video. During a preliminary hearing held by the St. Joseph County District Court, Harris and the victim, Mary Lindsey, were both in attendance. Harris faces a charge of assault with the intent to create great bodily harm, a felony that carries up to 10 years in prison. When you are remote you can get other work done while you are waiting your turn to appear. After further inquiry from the Judge and attorney's, it was determined that Mr. Harris had violated his bond and was at the home of Ms. Lindsey on the video conferencing. As Lindsey answers the door, Harris continually looks off-screen. I'm sorry I lied to you. As this continues there are bound to be more and more interesting, scary, and funny moments during live court video conferencing. Harris and Lindseys cameras interrupted the call as she opened the door for the officers to answer. One contributor, Melissa Miller of Manooka, Ill., comments: "I don't know you, but I have been you. Coby James Harris, 21, of Sturgis, faces an assault charge stemming from a Feb. 9 argument with his girlfriend, Mary Lindsey. Youre digging your hole you hit bottom and youre continuing to dig.. The YouTube comments on the video featuring the hearing are filled with praise for Davis. "And the fact that she's looking off to the side and he's moving around I want some confirmation that she is safe before we continue.". Preliminary Examination of Mary Lindsey and Coby Harris on March 2, 2021. Frederick Penney: Tell me a few of the changes that have occurred with discovery and the court hearings since the pandemic started in early 2020? It is soon revealed that Harris is at the same apartment, as Harris is seen being taken into custody by police. Someone or something makes you that way. Referring to her 4-year-old daughter, Lindsey says: I want to have Ella in a place where there isn't the demons of poor choices lingering around us. Im at a house, Lindsey says. "Great job of catching the small details," another Journal follower posts among five dozen social media reactions to the story receiving national attention. It included Lindsey's address, which she gave twice at the judge's request. Her reflective post also responds to social media critics who "don't understand the reason to stay" with an assault case defendant: I want my fundraiser to be able to raise awareness [of] what a victim goes through, the reasons they stay, why it's so scary to leave. Harris and Lindsey had both individually dialed into the virtual St Joseph County Court hearing held via Zoom a week ago. https://www.abc12.com/2021/02/26/bay-county-judge-scolds-man-for-appearing-nude-on-zoom-court-hearing/ . Harris responded: 'Um, why? Lindsey said in the hearing that they have dated in the past, but are no longer together. Coby Harris was accused of assault with intent to commit bodily harm. The prosecutor then informed the judge that police had arrived outside the alleged victim's home and were knocking on the door. Moments later, Defendant Harris appears at Lindseys screen attempting to apologize for lying and asks that the no-contact order be dropped. Video of the March 2 hearing is publicly available on Judge Jeffrey Middleton's. Harris was arrested March 2 after he was . The Edwards family has many repairs to their home now that they have found mold to be a detrimental factor in the severity of her illness. What a public service gem. However, Ms. Lindsey's attorney noticed something on the zoom and. The future of the court's use of technology and remote appearances is in some areas here to stay, as the pandemic caused the courts to have to ramp up quicker than expected. So, it appears Mr. Harris is there at that house, Judge Middleton remarked. This is one of, if not the, most common complaint we faced from victims -- that the accused's bond conditions required they stay apart. Please realize that fear isn't the only reason someone stays in a situation like that. Harris was arrested after officers found him attending the Zoom hearing at the home of the woman, from whom he had been ordered to stay away. , updated Davis had been informed prior to the hearing that Harris may have been at Lindseys home and sent agents earlier. I'm amazed that she was aware enough of the victims body language that she could tell exactly what was wrong. "I want you to walk out to the front of the house, show me the house number on the house," Middleton told Harris. After it was announced Coby Harris allegedly made phone calls from jail to the reported victim, he facesanother set of hearings March 30 and April 6. About 45 minutes into the proceeding, the complainant joined the online court case. She said she had looked through the comments on news articles. Now parties, courts, and attorneys are getting used to these quicker and more efficient ways to send notices and get work done. Paul Gipson is a punk-a--dude.. Coby James Harris, 21, of Sturgis, faces additional charges on top of an assault charge stemming from a Feb. 9 argument with his girlfriend, Mary Lindsey. Zoom hearing ends with arrest Deborah Davis, assistant prosecuting attorney for St. Joseph County, Mich., reacts as defendant Coby Harris is arrested during a March 2, 2021, court hearing held via Zoom. At the time nobody knew who was speaking and the judge was very calm and collected and simply stated, "well I'm sorry you think I'm an idiot, but I really think you ought to mute your microphone before you say that." 17:02 BST 09 Mar 2021. He participated in that Zoom hearing via a phone video from Lindsey's apartment while she was nearby, on screen from a different device. Your honor, me and Mary both dont want the no-contact (order), Harris says. When typing in this field, a list of search results will appear and be automatically updated as you type. Frederick Penney: Prior to the pandemic how quick were the courts making technology changes? Todd Kuhnen: Both, as I explained the judge needs to keep things in order and many times it is difficult for the judge over zoom. Harris had initially been charged withassault with intent to do great bodily harm less than murder, which is punishable by up to 10 years in prison. (St. Joseph County District Judge Jeffrey Middleton). A video of last week's hearing, posted on YouTube routinely by the court, was taken down Thursday after amassing over 1.4 million views. As a practicing California trial attorney I do have some concerns or worries about the technology, security, and use of video conferencing. Frederick Penney: Do you think the future courtroom experience will be more remote as time goes on? Davis told Middleton she believed Harris and Lindsey were in the same location. -- Nikki Berry, "I used to work as a victim advocate in a court, specifically for domestic violence. The proceedings were streamed live online through his official judicial video channel. During the later part of Tuesday'stestimony, Harris began gesturing wildly, prompting Middleton to unmute Harris to hear his objections. Judge Jeffrey Middleton, prosecutor Deborah Davis. This was just the norm. Your bond is canceled. I always bring a motion or request that nobody be in the room with the person being examined but I do not know, or it would be difficult to prove if someone is in the room with the deponent. Thats the first time I ever had anybody sitting in the next room potentially intimidating, the judge says before Harris interjects, claiming he never attacked Lindsey. The entire hearing was streamed on the judges courtroom YouTube channel. Photo: Judge Jeffrey Middleton/Youtube A Michigan man's bond was canceled in a domestic violence case this week after officials realized during a virtual hearing that he was actually in the same location as the victim and possibly intimidating the woman. Cision Distribution 888-776-0942 ", 'A True Hero:' Viral Video Brings Praise for Michigan Prosecutor Who Saw Something and Said Something, March 10, Michigan Assault Defendant Attends Zoom Hearing from Accuser's Home, March 9, Copyrightdocument.write(new Date().getFullYear());Deadline Detroit, Inc. - All Rights Reserved, 'A True Hero:' Viral Video Brings Praise for Michigan Prosecutor Who Saw Something and Said Something, Michigan Assault Defendant Attends Zoom Hearing from Accuser's Home, Struggling Founders Detroit Taproom Closes Its Doors, Starkman: Ford Is an Example of a Phony Baloney Company Professing Concern for the Environment, 'Detroit in Black and White:' Ex-Detroit Police Ike McKinnon Says Lifting Residency Requirement 'Literally Killed Us'. -- Libby Brott, Grand Rapids, "Deborah Davis is an absolute professional and also just an incredible human." https://www.penneylawyers.com/ . Court officials, lawyers, and defendant Kobe Harris watch the trial on March 2, 2021, while Harris, the alleged victim of the attack, opens the door for Highway Police. The hearing is adjourned. Lindsey got up to answer. Mary Lindsey, a Southwest Michigan single mom seen in a dramatic court video that surfaced this week, started an online donation drive "to get away" from an allegedly abusive boyfriend. She knows what to look for and doesn't hesitate to step up.". Incensed, the Judge continued the trial to allow the doctor to appear for his alleged traffic violation via video conferencing when he was not in surgery. After it was announced Coby Harris allegedly made phone calls from jail to the reported victim, he faces another set of hearings March 30 and April 6. I hope she gets a raise for this." Coby James Harris, 21, of Sturgis, faces additional charges on top of an assault charge stemming from a Feb. 9 argument with his girlfriend, Mary Lindsey. Judge Middleton interrupted Defendant Harris, Mr. Its the first time I ever had anybody sitting in the next room potentially intimidating a witness, Judge Middleton continued. Russia wins the war. Mary Lindsey's domestic violence Zoom hearing in Michigan went viral, raising privacy concerns - The Washington Post Advertisement This article was published more than 2 years ago Legal. I'm hooked up to this wall charger right here.'. I'm at like two percent right now. Knocking on the door.. Soon after, Harris could be seen moving around before his camera also switched off. Middleton immediately addressed the gesture. Others said the incident should serve as an example as to why its important for professionals to be trained in recognizing signs of domestic violence. He appeared from Lindsey's phone with a cigarette in his mouth. As she questioned Lindsey about what took place during the February argument, Lindseys eyes kept darting to her left, away from the camera. Testimony also alleges that Harris pushed a metal bar into her face, causing her to believe he would break some of her teeth. I want to find a therapist that understands what her and I both have been through and know how to help us separately and together, so this isn't something she will ever go through because she knows she's worth so much more. Officials realized that Coby James Harris, who was ordered to have no contact with the victim, was actually in the same houseduring a preliminary hearing held online. An Aug. 14 incident stemming from a domestic incident was dismissed into a second domestic violence case Nov. 2. Todd Kuhnen: In general, for routine video appearances, yes I like the new system, but for contested hearings or trials, no. I have reason to believe that the defendant is in the same apartment as the complaining witness right now, and I am extremely scared for her safety. Get an all-access pass to never-before-seen content, free digital evidence kits, and much more! I gave him a list of questions that he allegedGipson didnt ask. Todd Kuhnen: I have made sure that I have a very reliable internet connection for every remote hearing, and I stopped letting my kids use my dedicated computer or phone for the court proceedings. Harris was out on bond, and the preliminary examination hearing held before District Court Judge Jeffrey Middleton was being live-streamed on YouTube. However, by that point, officers from the Sturgis Police Department had arrivedand the judge instructed Lindsey to let them inside. The judge reminded the attorney that he was appearing as a cat and the lawyer acknowledged that and told the judge he was ready to proceed with the hearing and that he was not a cat. "People think its clear-cut," she said. Please contact [emailprotected], New Dangers of Virtual Domestic Violence Court Hearings Exposed When Astute Prosecutor Calls out Alleged Abuser for Tuning into Zoom Hearing from Victims Apartment. Both Harris and Lindsey were attending a livestream court. A possible disaster was diverted by the latest video conference court hearing. Sign up forOxygen Insiderfor all the best true crime content. Davis also saw Lindsey looking to a side and her face went off the screen for some time. Not all saviors wear tunics, a user commented. "This is an issue we didn't have when we were at live court," Middleton said. "Mr. Harris, my advice is don't say anything else. Its the first time Ive ever had anybody sitting in the next room potentially intimidating the witness, he added. Also, it is difficult to know whether someone is in the room with the witness. It is also not uncommon for a couple to have a fight and break-up, only to reconcile get back together.