Defendant muzzled by bailiff won't get new trial - 13 WTHR Indianapolis

Defendant muzzled by bailiff won't get new trial

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INDIANAPOLIS -

A convicted bank robber won't get a new trial even though a Lake County judge ordered a bailiff to cover the man's mouth to prevent him from testifying.

The Indiana Supreme Court on Wednesday reversed a Court of Appeals decision that found Kenneth Vaughn should have been granted a mistrial because the bailiff's actions prejudiced the jury.

The Times reports the Gary man was testifying in his own defense when his attorney asked him to discuss robbery charges against him.

Vaughn questioned the strategy and ignored instructions from Judge Thomas Stefaniak Jr. to stop. The judge then had the bailiff use his hand to silence Vaughn.

The Supreme Court ruled the act didn't deny Vaughn a fair trial.

Vaughn is serving eight years for a Merrillville bank robbery.

(Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)

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