Cuyahoga County Common Pleas Judge John Russo announced Monday that he is recusing himself from final sentencing of 32-year-old Franklyn Williams. During a hearing on July 31, after what Judge Russo said were 60 interruptions by Williams during a 54 minute hearing, Russo ordered Williams' mouth duct taped.
"In retrospect, while there is legal precedent for gagging a defendant to keep order in the court, I apologize for taking that action last week," Russo said.
Williams was being sentenced in connection with three armed robberies in Richmond Heights and Euclid. He had been convicted in December on several counts including aggravated robbery, kidnapping, theft, misuse of credit cards, and having weapons under a disability.
Before he could be sentenced, Wiliams cut his ankle bracelet in February, according to court records. He was apprehended five months later.
At the hearing on Monday, Judge John Russo said his entire career had been about increasing trust in the justice system. He said that his actions had undermined that trust.
Russo said that the legal requirements for the sentencing had not been met. Consequently, he is recusing himself and asking the Ohio Supreme Court to appoint a new judge.
He apologized to the victims and to his fellow judges. While he said that he was confident that he could maintain his impartiality in the sentencing, he said that by stepping aside there would be no appearance of bias.
At the end of the proceeding, defendant Franklyn Williams asked to "say something." There was no response from the judge. As he was led out of the courtroom, Williams said, "Freedom of speech. No duct tape. Freedom of speech. Hashtag."
After a brief adjournment, Judge John Russo called Williams and his counsel back to the courtroom to allow him to make a statement, and he repeated twice: "Freedom of speech. No duct."
Judge tells Williams to "zip it"
At the July 31 hearing, Judge John Russo repeatedly ordered Williams to be quiet. Franklyn interrupted both the judge and his own lawyers.
"At this point, I'm going to hear from your lawyers so zip it," Judge Russo, told the defendant.
Later, after telling Williams several times to be quiet, Judge Russo said, "Zip it. Anything you want to add to your insanity."
After repeated attempts to quiet Williams, the judge ordered him gagged and deputies put red duct tape over his mouth.
The video gained not only national but international attention, appearing on news sites across the US and the website of Britain's Independent, The Mirror, The Sun, and the Daily Mail newspapers.
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