Curtis Michael Allgier, who is charged with killing a corrections officer and could face the death penalty if convicted, refused to leave his jail cell Tuesday for a court hearing because of arthritis pain.
Allgier wants to be handcuffed with two sets of cuffs so his hands will be a little farther apart while secured in back, which, in turn, will ease pain in his shoulders, according to his lawyers.
However, prosecutors said an earlier ruling in Allgier's case already addressed the cuffing issue and the law allows jail officials to use minimum, reasonable force to make Allgier come to court.
Allgier, 30, is charged with aggravated murder and other crimes in connection with the shooting death of corrections officer Stephen Anderson, who took Allgier to a hospital for medical tests in 2007.
During Tuesday's hearing, a preliminary hearing was set for March 16-19, 2010. The issue of Allgier's transportation, however, dominated the discussion among attorneys and 3rd District Judge Robin Reese.
Defense attorney David Mack said a new diagnosis by a jail doctor shows Allgier has ankylosing spondylitis, an arthritis-related ailment that causes inflammation and pain. In Allgier's case, it hurts his shoulders and spine, and the pain becomes more acute when he is handcuffed.
Mack said the defense team plans to file a motion with 3rd District Judge Paul Maughan, who is the assigned judge over the case, to reconsider the handcuffing rule, especially in light of a new medical diagnosis.
Outside the courtroom, Mack later said, "This is a guy everybody loves to hate, but he's a human being. He's presumed innocent until proven guilty."
Defense attorney Ralph Dellapiana said jail staffers could make a "minor modification" in the way Allgier is handcuffed that would satisfy security needs and still make it less painful for Allgier to be transported from the jail to the Matheson Courthouse.
However, prosecutor Vincent Meister said this issue has already been decided by one of the judges handling the early stages in the case. "The jail does not consider it a medical necessity to have him double cuffed," Meister said. "He's not legally entitled to refuse (to come to court)."
Outside the courtroom, Meister said prosecutors agree with jail staff that Allgier poses a security risk. "It's our position he has demonstrated that in the past."
Jail officials will not change the way they handcuff Allgier for transportation to court unless they are ordered to do so by a judge. However, judges in the past have been reluctant to tell jail staff how to do their jobs.
e-mail: lindat@desnews.com