Story Published:
May 24, 2006 at 2:49 PM PDT
Story Updated:
Aug 31, 2006 at 8:26 AM PDT
THURSTON COUNTY - A defense attorney was shaken up after his own client attacked him in court Wednesday.
Courthouse security had to rush in after Justin Jacobsen punched the attorney in full view of the judge and jury.
"He hit me in the throat," said public defender Larry Jefferson. "It still hurts and I'm just pretty shaken up."
The one man who's fighting for Jacobson; his one ally in the courtroom is the one he struck out at.
"I think I'm rather shaken up," Jefferson said. "It's not something you're expecting when you're working and trying to do the best you can to present the case and then you're struck."
He added he had no idea why he was punched.
And here's the twist: Jacobson is already on trial for assaulting two state corrections officers while in prison.
In this case, judge Paula Casey was left with no choice but to declare a mistrial because of what the jury just witnessed.
"Obviously, they would be more apt to believe the state's case that he assaulted someone after they've witnessed he'd assaulted someone," said Deputy prosecutor Scott Jackson. "So the judge has declared a mistrial."
So the question is: If Jacobson was so dangerous, why wasn't he handcuffed? Higher courts have ruled that juries cannot see defendants in handcuffs because they might presume the person is guilty. So Jacobson was free to lash out.
There were extra security officers in the courtroom and Jacobson's legs were shackled out of sight of the jury. But he still managed to lash out at his attorney, who now wants his usual opponent, the prosecutor, to press charges.
"No one has the right to assault another human being and definitely I believe that should be done by the authorities and look into that," Jefferson said.
Jacobson will get a new trial, and since he can't be handcuffed in the view of jurors, it's possible he won't be allowed into the courtroom at all when his new trial begins.
It's the second assault in two months at the Thurston County Courthouse. A jail inmate on his way to court assaulted a corrections officer who was trapped in an elevator.