teleguy
Enthusiast
Mar 14, 2005, 11:52 AM
Post #1 of 1
(801 views)
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What do you think of this? Can/should a judge have the power to do this?
I am really interested in hearing what you think about this.
from http://www.tonawanda-news.com/story.asp?id=2178
Cell phone sets off Falls judge
By Rick Pfeiffer
Saturday, March 12, 2005
NIAGARA FALLS — City Court Judge Robert Restaino called it “something historic.”
City police called it a nightmare.
A ringing cell phone and the failure of anyone in a packed courtroom to admit to the offense resulted in a tidal wave of arrivals into the city jail Friday morning. The sudden influx of inmates stretched police resources to the max.
At one point, officers estimated they were holding more than 70 prisoners in a facility with 24 cells.
“I got a call from Capt. Patak and he said, ‘We need 60 cells,’ ” Falls Police Superintendent John Chella said. “And I said, ‘Maybe in the new Public Safety Building.’ ”
Court sources said Restaino was presiding over proceedings in Domestic Violence Court when what was believed to be a cell phone began ringing.
Until recently, cell phones had been banned from courtrooms in New York. Chief City Court Clerk Martha Farbo-Lincoln said that ban has been lifted and court officers no longer keep phones from being brought into the courthouse.
While phones may be allowed inside the courthouse, signs on the doors leading into the courtroom plainly state that cell phones, pagers or any electronic devices must be turned off inside the courtroom.
When the cell phone began ringing, Restaino halted the proceedings and demanded to know who had the phone. In the packed courtroom, no one would admit to having it or any other electronic device.
At that point, the judge indicated he would “sanction” or jail everyone in the courtroom unless someone admitted to having the phone. However, he then decided he would simply set bail for every defendant, including raising bails he already had set and imposing bail on defendants who were released on their own recognizance.
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