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A prosecutor stopped a Zoom hearing after realizing the defendant and victim were in the same home

Mar 11, 2021, 23:49 IST
Insider
Assistant Prosecuting Attorney Deborah Davis reacts as she finds out that the defendant broke bond and was sitting beside his victim during a Zoom court proceeding.Livestreamed Zoom courtroom of Judge Jeffrey Middleton
  • A Michigan court held a felony assault hearing through Zoom and livestreamed it on YouTube.
  • The assistant prosecuting attorney stopped midway through out of fear for the victim testifying.
  • After police arrived at the victim's home, officers arrested the defendant who was beside her.
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What began as a normal Zoom hearing in a Michigan court ended suddenly when a prosecuting attorney realized that something was amiss.

"Your honor, I have reason to believe that the defendant is in the same apartment as the complaining witness right now, and I am extremely scared for her safety," Assistant Prosecuting Attorney Deborah Davis said.

Coby Harris, 21, was charged with assaulting his girlfriend, Mary Lindsey, on February 9. Harris was released on bond on the condition that he didn't make any contact with Lindsey. According to KIRO 7, he was charged with felony assault with intent to cause great bodily harm with a prison sentence of up to 15 years.

The hearing was live-streamed on YouTube, but the video was removed from the site mid-Thursday. St. Joseph County District Court officials did not immediately respond to Insider for comment.

During Davis' questioning of Lindsey, she began to notice that Lindsey kept looking away from the camera while evading many of the prosecutor's questions. Then Harris' call dropped for a few moments before returning.

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"The fact that she's looking off to the side and he's moving around," Davis said, interrupting the court proceedings. "I want some confirmation that she is safe before we continue."

When Judge Jeffrey Middleton asked Lindsey where she currently was, she told the judge she was at her home and relinquished her address after the judge demanded an exact location.

Harris told the judge that he was at a separate home in Michigan, but refused to take a photograph of his house number to prove it after the judge asked, saying that his phone was low on battery and he was sitting by a wall with his phone charger.

Then prosecutors told the court that the police were knocking on Lindsey's door. The judge asked her to answer the door with her cell phone still connected to the Zoom hearing to ensure her safety.

But just as Lindsey arrived at the door, she lost connection to the hearing, prompting increased concern from the prosecutors.

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"We may need to adjourn this, your honor," Davis said in a panic.

When Lindsey's stream reappeared, it showed Harris on her screen as officers handcuffed him.

"I'm sorry I lied to you," Lindsey said while a cigarette dangled from his lips. "I knew the cops were outside."

The judge promptly adjourned the hearing and revoked Harris' bond, noting that even "if you have $10 million, you can't bond out. In addition, the prosecutor's probably also going to charge you with obstruction of justice."

Middleton, who has been a Michigan judge since 2015, said this was an entirely unique situation he had never seen in his career.

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"This is an issue we didn't have when we were having live court," Middleton said. "That's the first time I ever had anybody sitting in the next room potentially intimidating a witness to assault."

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