Man convicted of contempt, harassment in Palmer court

KATE GOLDEN/Frontiersman reporter

PALMER - A man who spat at an assistant district attorney, cursed at a judge and threatened an Alaska State Trooper was convicted of contempt and harassment Thursday while shackled and garbed as a prisoner.

Jimmy A. Lampley, 33, waived his right to wear street clothes for all three days of his trial in Palmer court. Instead, he opted to remain in the orange jumpsuit he'd worn at Mat-Su Pre-Trial Facility.

In the 1981 decision Anthony v. State, the U.S. Supreme Court stated that a jury should see neither guards nor physical restraints unless they are necessary for safety, for the decorum of the court or to prevent escape.

The problem is that such shackles could give the jury the idea that the defendant is dangerous, and thus more likely guilty, as an Alaska Court of Appeals decision noted in December 2004.

But in that decision, Nason v. State, the court also noted that if the jury is unaware of the shackling, the defendant "might not be prejudiced."

Before Lampley arrived, judge and attorneys attempted to minimize the effect of the sight of shackles on the jury. Public defender Krista Maciolek moved potted plants and consolidated boxes around the defense table to occlude Lampley's ankles.

Tuesday, Palmer District Judge John Wolfe gave Lampley one last shot at sartorial neutrality before a bloc of potential jurors entered the court, but the defendant remained silent.

Wolfe also asked the four blue-uniformed law-enforcement officers who flanked the court to sit, presumably to minimize the possibility that jurors might presume Lampley was dangerous. One was the court bailiff; one, Alaska State Trooper Rick Pyles, was a witness; two were guards, because Lampley had caused a stir in his cell before arriving.

Lampley, however, did not appear inhibited by the possibility of the jury seeing his restraints. As the trial proceeded the first day, he took out his contacts, holding an eyedropper above his eyes with handcuffed wrists clearly visible.

Anchorage Assistant District Attorney Mike Burk played a tape of the incident in question: a June 24, 2004 hearing for a criminal case in which Lampley was the defendant.

On the tape, Lampley cursed at then-presiding Palmer Superior Court Judge Beverly Cutler, told her she was "smoking crack," and threatened to pay to have attending Alaska State Trooper Rick Pyles killed. Palmer Assistant District Attorney Suzanne Powell testified that Lampley spat at her.

Lampley admitted to spitting and other contemptuous behavior. He also threatened to beat up prosecutor Mike Burk.

Lampley was convicted on two counts of contempt of court and harassment. Both charges are class B misdemeanors.

Lampley is scheduled for sentencing March 11 at 8:30 a.m. He is being held at Mat-Su Pre-Trial Facility.