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Judge threatens to duct tape defendant’s mouth during trial.

A man accused of threatening to kill a judge in Florida could find himself in a sticky situation after the judge presiding over his trial warned he’d order his mouth be duct-taped shut if his courtroom outbursts continue. Alan McCarty Jr., of Milton, was arrested in September and charged with two counts of corruption by...
Time: 12:00     Date: 21.08.2018
Last US News: Judge threatens to duct tape defendant’s mouth during trial. NY Post 24 - US News

Alan McCarty Jr., of Milton, was arrested in September and charged with two counts of corruption by threat against a public official and two count of threats or extortion for allegedly threatening Circuit Judge Stasia Warren, the Gainesville Sun reports.

McCarty called police dispatchers on Sept. 29 and threatened Warren after she ruled against him in child custody case, telling an operator in an expletive-laden tirade that he planned to “execute” the judge in broad daylight, according to a recording obtained by the newspaper.

“Yeah, I want to report a crime that’s about to happen,” McCarty is heard saying on the recording. “Yeah, there’s about to be a f–king crime that’s gonna happen if my kid don’t come back to me… I got a f–king gun pointed at your f–king building.”

McCarty, who sounded even more enraged after a dispatcher addressed him as “sir,” then ordered the dispatcher to bring Warren “out in handcuffs” to be executed in the middle of the street. He was arrested a day later.

McCarty’s unpredictable behavior continued Monday before another judge, Circuit Judge Matt Foxman, who warned the 36-year-old suspect that he’d be silenced at his trial Thursday with the help of duct tape if the outbursts continued.

The warning, however, had little impact on McCarty, who attended the hearing to help his public defender select a jury.

“I’m scared,” McCarty said in court. “I want to be removed from this room. The judge threatened my life and I want to press charges.”

Earlier during the hearing, McCarty requested that he be represented by another attorney after his public defender filed a motion in March that he intended to rely on an insanity defense, which was later rejected by a judge.

In a handwritten motion filed Monday, McCarty asked Foxman to disqualify himself because he has a “friendly relationship” with Warren. That motion was also denied, according to the Gainesville Sun.

“Everything I’m telling you I’m going to speak to the jury,” McCarty continued. “I’m going to tell the jury everything. If you want to lock me up for interrupting your court, that’s what’s going to happen.”

Foxman then warned McCarty that he would order bailiffs to duct tape his mouth if his outbursts continued on Thursday, prompting McCarty to say he was “scared” and asked for reporters to be present in the courtroom.

“I’m in fear of you,” McCarty told Foxman. “I’m in fear of you right now and I want to be removed.”

McCarty, who remains held without bail at the Volusia County Branch Jail, said he’d be unable to breathe if his mouth is taped shut because he has asthma.

“You have a constitutional right,” Foxman said before being interrupted by McCarty.

“I have a constitutional right to press charges and you threatened my life,” McCarty replied. “I want to be removed.”

Foxman then complied with McCarty’s request, signaling for bailiffs to remove him from the courtroom.

“See you on Thursday for your trial,” the judge replied.

But McCarty was determined to take one last swipe at the judge, whose father, retired Circuit Judge S. James Foxman once ordered a defendant’s mouth to be duct-taped after a series of outbursts during his first-degree murder trial in 2004.

“Bring the dress, you look sweet in it,” McCarty told Foxman, referencing his black juror robe.

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