JUDGE TAPES DEFENDANT'S MOUTH SHUT

TAMPA - Jimmy Bogan Jr., who was representing himself in his
cocaine possession case, ended up with duct tape on his mouth after
offering a litany of vulgar insults in court.

Circuit Judge Daniel Perry said he had little choice but to order
Bogan's mouth taped shut last week.

Bogan couldn't be removed from the courtroom because he represented
himself. Perry later removed himself from the case at Bogan's request.

Bogan, 56, was in a state mental hospital before doctors determined he
was competent to stand trial. Prosecutors want him sentenced to up to
10 years in prison as a habitual offender.

Before the hearing, Bogan had fired his public defender and insulted
the private lawyer who was to take his case.

If a judge doesn't act to control unruly people in court, Chief
Circuit Judge F. Dennis Alvarez said that "the word gets out" and
other defendants will act the same way.

"When a defendant refuses to be cooperative and becomes very
disruptive to the point that the court or the proceedings cannot
proceed, I think the judge has every right under the law to take every
means at hand to make the defendant stop the disruptions," Alvarez
said.

Andy Kayton, legal director for the Florida chapter of the American
Civil Liberties Union, said he is concerned about the use of unusual
restraints but acknowledged a judge has to control the courtroom.