Truesee's Daily Wonder

Truesee presents the weird, wild, wacky and world news of the day.

Tuesday, April 21, 2009


Judge orders defendant's mouth taped shut

Inmate duct taped

Nicklas Frasure

POCATELLO -- The first hint that Nicklas Frasure's hearing was going to be unusual came at the outset when the man attempted to fire his court-appointed counsel. It eventually culminated with the man's mouth bound with duct tape in an attempt to quell his frequent and irrational outbursts.

Frasure, 23, appeared before Sixth District Judge Peter D. McDermott Monday morning for an evidentiary hearing on reports of a probation violation for a 2008 felony theft conviction. Frasure's counsel, Kent Reynolds, requested near the outset that his client undergo a competency exam, a point Frasure hotly contested.
"I'm totally fine," Frasure said. "I have a sense of humor. I'm not bad looking. I can walk on my hands."

Frasure's tangential and odd comments persisted throughout the hearing, with his mood rapidly changing from incredulity to outrage to apparent mirth regarding his court appearance. At one point, Frasure referred to his appearance as a form of "terrorism."
"I'm not only innocent, but a victim," Frasure said. "I need to be released."

McDermott, whose general demeanor toward defendants is patient and gentle, tried unsuccessfully on numerous occasions to quiet Frasure's insistent non sequiturs until after the prosecutor and his own attorney had concluded.
Frasure's mother took the stand to describe her son's behavior, including escalating bouts of drinking and erratic behavior. The woman said Frasure had been much better after his release from State Hospital South in Blackfoot in October but had quit taking his medications shortly after his discharge.

"The last two months he started being really bizarre," the woman said.
The woman described how her son had calmly told her that a voice had told him to "take a shotgun and blow your head off."

The presence of his mother on the stand increased Frasure's outbursts, many of them referring to his needless persecution and his religious faith. Frasure continued to interrupt the proceedings, asking his mother to admit to murder.
McDermott continued to warn Frasure to no avail about his outbursts and told him he would have a chance to address the court and pose questions of witnesses. He finally threatened to duct tape the man's mouth if he did not be quiet.

After several more lengthy and jumbled outbursts and additional warnings about a gag being employed, McDermott finally indicated he'd had enough, ordering the bailiffs to duct tape the man's mouth. The proceedings halted for several minutes while bailiffs retrieved the tape, tore a piece from the roll and applied it over the man's mouth.
Reynold's renewed his request for a competency exam.

"He's obviously not mentally competent," Reynolds said.
McDermott told Reynolds he would continue to take the request under advisement and continued the evidentiary hearing. Frasure continued to speak throughout the hearing despite the gag, insistently asking his mother if she were guilty of murder.

"I don't know how to proceed when Mr. Frasure is totally psychotically disabled," Reynolds said, causing McDermott to ask the woman if she felt her son was mentally ill and might harm her. The woman replied "yes" to both questions.
Frasure's probation officer, Julie Guiberson, took the stand and opined that the man was a threat to both himself and others, and particularly to his mother.

"He is probably the most mentally unstable person I have ever supervised," Guiberson said.

Guiberson noted that one of the probation provisions that Frasure was alleged to have violated was a requirement to take all prescribed medications. She said that Frasure had admitted to having stopped taking his medications due to side effects.

At the close of the hearing, Frasure's gag was removed and he again engaged in a rambling discourse. McDermott thanked the man for his comments.

McDermott declined to make a determination regarding Frasure's alleged probation violations, deciding to commit the man to a secure Department of Correction facility in Boise for evaluation and treatment rather than the non-secure facility in Blackfoot.

"I want to see you get better," McDermott told Frasure.

"You want to arm wrestle?" was Frasure's reply before being led from the courtroom by bailiffs.


By John Bulger


This document was originally published online on Tuesday, April 21, 2009

Comments: Post a Comment

<< Home


June 2021   May 2021   April 2021   March 2021   February 2021   January 2021   December 2020   November 2020   October 2020   September 2020   August 2020   July 2020   June 2020   May 2020   April 2020   March 2020   February 2020   January 2020   December 2019   November 2019   October 2019   September 2019   August 2019   July 2019   June 2019   May 2019   April 2019   March 2019   February 2019   January 2019   December 2018   November 2018   October 2018   September 2018   August 2018   July 2018   June 2018   May 2018   April 2018   March 2018   February 2018   January 2018   December 2017   November 2017   October 2017   September 2017   August 2017   July 2017   June 2017   May 2017   April 2017   March 2017   February 2017   January 2017   December 2016   November 2016   October 2016   September 2016   August 2016   July 2016   June 2016   May 2016   April 2016   March 2016   February 2016   January 2016   December 2015   November 2015   October 2015   September 2015   August 2015   July 2015   June 2015   May 2015   April 2015   March 2015   February 2015   January 2015   December 2014   November 2014   October 2014   September 2014   August 2014   July 2014   June 2014   May 2014   April 2014   March 2014   February 2014   January 2014   December 2013   November 2013   October 2013   September 2013   August 2013   July 2013   June 2013   May 2013   April 2013   March 2013   February 2013   January 2013   December 2012   November 2012   October 2012   September 2012   August 2012   July 2012   June 2012   May 2012   April 2012   March 2012   February 2012   January 2012   December 2011   November 2011   October 2011   September 2011   August 2011   July 2011   June 2011   May 2011   April 2011   March 2011   February 2011   January 2011   December 2010   November 2010   October 2010   September 2010   August 2010   July 2010   June 2010   May 2010   April 2010   March 2010   February 2010   January 2010   December 2009   November 2009   October 2009   September 2009   August 2009   July 2009   June 2009   May 2009   April 2009   March 2009   February 2009   January 2009   December 2008  

Powered by Lottery PostSyndicated RSS FeedSubscribe