Shock belt use cited as part of James Calverts death penalty appeal
"SMITH COUNTY, TX (KLTV) -
A man on death row for a brutal Smith County murder says the electric shock he received during trial violated his constitutional rights.
James Calvert was convicted in 2015 of capital murder and sentenced to death for fatally shooting his ex-wife, Jelena Sriraman, and abducting their child in October 2012.
Calvert was sentenced to death after a lengthy, if somewhat bizarre, trial in Smith Countys 241st District Court.
Calverts death penalty sentence automatically triggered an appeal, which was filed this past October with the Texas Court of Criminal Appeals.
Several points of error are presented in the appeal. The first point alleges that the electric shock violated Calverts rights to, substantive and procedural due process, while a second point alleges the trial court erred by refusing to grant a mistrial after the electric shock incident.
The trial court had lesser alternatives, and allowing bailiffs to use a 50,000-volt shock device in these circumstances shocks the conscience and contributed to a violation of Calverts right to a fair trial, the appeal states.
Records show the shock was administered to Calvert after the jury had left the courtroom for the day, after Calvert refused the judges order to stand while speaking. The contentious back-and-forth discussion led a deputy in the courtroom to administer a shock to the belt worn by Calvert. The defendant screamed for about 5 seconds, according to a witness...."
http://www.kltv.com/story/37673076/...s-part-of-james-calverts-death-penalty-appeal
Link:
https://d1t3gia0in9tdj.cloudfront.n...5952/3771953d-76a4-4f2a-9b8f-cdb4d8579466.jpg
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