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Group video conferences can be tedious, distracting and cumbersome. and never miss an insightful take by the TFIGlobal team, This website uses cookies. A cigarette jutted from his lips as he addressed the court. If you would like to learn how Lexology can drive your content marketing strategy forward, please email [emailprotected]. Harris was out on bond, and the preliminary examination hearing held before District Court Judge Jeffrey Middleton was being live-streamed on YouTube. Moments later, Defendant Harris appears at Lindseys screen attempting to apologize for lying and asks that the no-contact order be dropped. 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. Questions? Davis told Middleton she believed Harris and Lindsey were in the same location. Davis then responded, I believe so, your honor., This was an issue we didnt have when we were at live court, Judge Middleton later said. The next generation search tool for finding the right lawyer for you. Soon the police were at Mary Lindsey's home arresting Mr. Harris. 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. Harris was out on bond, a release which included the condition that he was not to contact Lindsey. Russia wins the war. "Now I have the chance to get away," she posts with her appeal for donations, which runs through March 27 and draws about $7,700 so far from 200 people, as of Sunday evening. Take your phone with you so that we know youre OK, Davis told her. 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. Source: YouTube screenshot - VESA Channel Middleton was not convinced, so he asked Harris to prove his answer. He noted it was 'the first time I ever had anybody sitting in the next room potentially intimidating a witness to assault with great bodily harm'. The prosecutor could be seen putting her head in her hands in shock. Moment commuter blasts eco-zealots, Student kicked out of school for 'there are only two genders' t-shirt, Russian freight train derails and bursts into flames after explosion, Royal superfans camping on The Mall ahead of King's Coronation, Women's rights activists and pro-trans campaigners separated, Cambridge students party in the park during annual celebrations, Saboteurs wreck Russian train cut power cables 37mi from Ukraine, Hundreds of Household Division members rehearse for coronation, Moment large saltwater crocodile snatches pet dog off beach in QLD, Devastating tornado picks up car and hurls it through air in Florida, Unseen footage of Meghan Markle during her teenage years, Historic chairs to be reused by the King for the coronation service. As she questioned Lindsey about what took place during the February argument, Lindseys eyes kept darting to her left, away from the camera. Middleton muted Harris again and, after a few more moments of gesturing, Harris left the holding room at the jail. The judge interrupted and told Harris not to say anything further. Im sorry I lied to you. The judge also said that given the circumstances, he would likely seek a new defense attorney for Harris. The recording shows Lindsey standing up, revealing blue curtains in the room behind her. Your honor, me and Mary both dont want the no-contact (order), Harris says. "You hit bottom and you're continuing to dig.". Harris was out on bond, a release which included the condition that he was not . Im hooked up to this wall charger right here.. A Michigan assault case descended into chaos last week after an eagle-eyed prosecutor realized that the alleged abuser had joined the virtual court hearing from inside his victim's home. Present was the police officer, the surgeon, and the judge. And the fact that shes looking off to the side and hes moving around, I want some confirmation that she is safe before we continue.. And Bye Bye Tucker and Don. 47 USC 605 & 553 - Internet Apps May Not Violate TV Signal Piracy Statutes, The Ultimate Guide to the Homestead Exemption in California: [CCP 704.730], Howto guide: How to assess suppliers for modern slavery risk (UK), Checklist: What to consider to ensure a contract is valid (USA), Checklist: Determining the difference between an employee and an independent contractor (USA). Mary Lindsey, a Southwestern Michigan single mother was seen in a dramatic courtroom video. 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. Support our reporting by becoming a Deadline Detroit member for as little as $3 per month. Viewers also acknowledged the quick work of the officers who arrived at Lindseys door. Some interesting things have happened since the courts have allowed video conferencing for court appearances. I dont know why I. Did Ukraine use innocent civilians as human shield against Russia in the name of evacuation? Ron DeSantis is making an announcement in Titusville, Arcturus: New COVID-19 variant spreading in the U.S with new symptom, Bride killed, groom critically injured after wedding reception when drunken driver hits golf cart, Man, dog unharmed after vehicle goes airborne during tornado in Florida, Orlando community rallies for rights of Floridas marginalized communities at Lake Eola. 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. She said she had looked through the comments on news articles. He analyzes whether the courts will keep the new changes that include more relaxed filing procedures and allowing individuals and attorneys to appear remotely. So, it appears Mr. Harris is there at that house, Judge Middleton remarked. We may need to adjourn this, your honor, Davis said. So an assistant prosecutor's alertness and action during a seven-person Zoom hearing earns these headlines and online praise as a hero. Attorney Frederick Penney weighs in on the future of remote court hearings. In addition, the prosecutor's probably also going to charge you with obstruction of justice,' the judge told Harris. 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. Its the first time I ever had anybody sitting in the next room potentially intimidating a witness, Judge Middleton continued. We would in effect be shifting the burden of proof from the petitioning party in a DVRO to the responding party. Im at a house, Lindsey says. -- Libby Brott, Grand Rapids, "Deborah Davis is an absolute professional and also just an incredible human." Jerry!). A sampling of other reactions to the drama generating national attention: "Nice job to Deborah Davis. It is more convenient for witnesses to log in to the hearing from home or work and go about their day until it is their turn to testify. Lindsey looks visibly upset when she reappears on the call, and Davis asks to be put in a breakout room with Lindsey over Zoom. At that moment, Davis told the court that police officers were knocking on the door of Lindseys apartment. The judge proceeds to ask Harris for his location, and he replies with a home on East Lafayette Street. I wish I could donate so much more! 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. Todd Kuhnen: Some examples of the changes is that almost all the discovery is provided electronically via e-mail. Ha Ha. If a DVRO was filed during that fight/break-up, it could very well be that the hearing occurs after the parties have reconciled. It was not immediately clear what additional charges he will face following the court hearing. Someone or something makes you that way. She appeared reluctant to answer any questions and unable to explain why she called the police on Defendant Harris, according to Attorney Davis. I don't even think this phone has the charge for that, sir. Ms. During a preliminary hearing held by the St. Joseph County District Court, Harris and the victim, Mary Lindsey, were both in attendance. The entire hearing was streamed on the judges courtroom YouTube channel. Its the first time Ive ever had anybody sitting in the next room potentially intimidating the witness, he added. I ask that that be dropped, Harris said. (St. Joseph County District Judge Jeffrey Middleton). The judge stated, "Sir you'reyou'renaked". Mary Lindsey, who appeared in the court livestream as the reported victim, said the assault stemmed from a brief argument at a residence in Sturgis. https://www.mercurynews.com/2021/05/04/san-jose-hot-mic-catches-insurance-rep-say-this-f-ing-judge-is-an-idiot-in-car-crash-trial/. This is the first time, to my knowledge, if he is in the same venue, that this has occurred., After minutes passed, Harris returned, this timeusing Lindseys camera, and began speaking to the judge, claiming that neither he nor Lindsey wanted the no-contact order in place and asked that it be dropped.. , updated When the judge asks Harris to show the address on the front of his house, he says he doesnt have enough battery. Your bond is canceled. However, Ms. Lindsey's attorney noticed something on the zoom and. Attorney Todd Kuhnen, one of the hosts of the nationally syndicated radio show Radio Law Talk, sat down with me to answer a few questions about the latest issues and future of courts becoming more oriented and accepting of remote appearances. According to the court, Harris made a few calls between March 9 and March 12 to the complainant. Those calls are all recorded through the jail, Middleton said, adding Harris calls seemed at the moment to have had an effect on the complainant, due to her not appearing at the time listed in the subpoena to her. Check out never-before-seen content, free digital evidence kits, and much more! There was a virtual hearing going on, both Harris and Lindsay attended the March 2 live hearing along with attorneys and Judge Jeffrey Middley. Court officials then asked the alleged victim to recount what took place Feb. 9. . Stay tuned. Your bond is canceled. The witness, Mary Lindsey, and the defendant, Coby Harris, 21, appear on the screen along with the judge, a police officer, Harris's counsel, and the prosecutor, Deborah Davis. Videosharedon the YouTube page of Judge Jeffrey Middleton shows the hearing unfolding as normal, with Lindsey describing the February 9 incident,in which authorities were called to her home overan explosive argument between herself and Harris. A visibly upset Davis facepalmed as she realized her hunch had been correct. Take your phone with you, so that I know youre okay, Attorney Davis said. "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.". I knew the cops were outside. Recently there was a case in Michigan where there was a domestic violence preliminary hearing with a protective order in place that did not allow the boyfriend to be in contact with his then victim. When asked his location, Harris told the judge he was at a home on East Lafayette Street. For example, in the United States Court of Federal Claims there is a full page of rules concerning how to conduct oneself while video conferencing. All Rights Reserved. Copyright 2023 IBTimes LLC. Its unfortunate, but we had a lot of repeat offenders abusing the same person." Court officials, attorneys and defendant Coby Harris, bottom right, watch during a March 2, 2021, court hearing as Harris' alleged assault victim, bottom left, answers her door for police. When you are live in court sometimes there are other matters in front of you and you must patiently wait for your turn. However, pre-pandemic access to the public generally meant that the 10 or 20 people in the audience of the courtroom, likely people waiting for their own case to be called, would bear witness to the proceedings. Harris shook his head upon hearing Middletons statement. Appearances are now more liberally allowed via telephone or video conferencing especially if it is early in the case. A police officer participating in the Zoom hearing could be seen talking on the phone to someone, though his microphone was muted and the conversation could not be heard. '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.'. Harris was arrested March 2 after he was . Davis ask the court for a felonious assault charge to be added regarding the jack smacking the floor next to the witness head, noting prior domestic violence incidents involvingHarris. -- Ken, Video: Michigan Assault Defendant Attends Zoom Hearing From Accuser's Home, March 9, Copyrightdocument.write(new Date().getFullYear());Deadline Detroit, Inc. - All Rights Reserved, Video: 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'. 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. The judge asked both the victim and the suspect where they were. I dont like what went down on March 2 and now we have a lawfully served witness who isnt here. Judge Jeffrey Middleton adjourned that hearing . He declined, however, to take his cellphone outside and snap a photo of the house number, telling the judge his battery was low and that the phone was plugged into a wall charger. What a public service gem. Coby Harris, 21, was charged with beating his girlfriend Mary Lindsey during an argument inside her home in Sturgis last month. If we start assuming that any time this occurs the responding party is engaging in intimidation to influence the petitioning party, we are essentially saying that you can never reconcile with your significant other if they have filed a DVRO against you because that will be per se evidence that you are abusive because you are engaging in witness intimidation. -- Sarah Witzig, "The citizens are lucky to have her at [the prosecutor's office]." Learn about careers at Cox Media Group. In the courtroom people are there and he can take more immediate action. Copyright 2006 - 2023 Law Business Research. There is only one way to go and that is forward with the courts catching up to the technology of the day. 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. 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 Jeffrey Middleton, prosecutor Deborah Davis. I also want people to understand why an abuser is the way they are. Im sorry I lied to you. They arrested Harris at the judge's direction for violating a court order barring contact with Lindsey. Coby Harris, 21, had been ordered to have no contact with his girlfriend after his alleged Feb. 9 assault on her in Sturgis, Michigan, which is about 45 miles south of Kalamazoo. Do you think this was on their own volition or that they were forced to make these dramatic changes? https://www.fox23.com/news/trending/mans-zoom-court-hearing-ends-with-handcuffs-after-hes-found-attending-victims-home/GPHIUF67DNDUFDQHOGX6NY25RE/ . Davis, who said she feared for her client's safety, told the judge that police were on their way toLindsey's home. It was right at that point that i knew we had problems.. Davis said that she noticed some strange behaviors of Mary Lindsey during the hearing, including the way she kept looking at the camera while answering questions about the alleged assault.

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