Mistrial Declared When Jurors See Defendant In Handcuffs

By Mike Perleberg Shandell Willingham. Photo by Dearborn County Sheriff's Department. (Lawrenceburg, Ind.) - Insufficient space at the Dearborn County Courthouse is being blamed for a mistrial. Shandell T. Willingham is charged with Possession of Child Pornography (level 6 felony). When detectives searched his West Harrison home last October in relation to a drug investigation, they allegedly found a cell phone video of Willingham engaging in sex acts with an 11-year-old girl. Willingham was to go on trial on Monday, September 14 in Dearborn Superior Court I. The day began routinely enough with jurors making their way to the courtroom, however, at some point at least four jurors saw Willingham in handcuffs – a visual that could plant a seed of bias or prejudice in a juror. As the prospective jurors were watching a preparation video in court, Willingham’s defense attorney, Michael Sarapata, and deputy prosecutor Jeff Wilson informed Judge Jonathan Cleary of what had occurred. A deputy was also brought into the judge’s chambers to confirm the mistake. Cleary was quick to act, thanking the jury and dismissing them prior to the selection process. “It is undisputed that four prospective jurors witnessed Defendant handcuffed, contrary to Federal and Indiana law for a fair jury trial,” Cleary wrote in the mistrial order. Dearborn-Ohio County Prosecutor Aaron Negangard says he agrees with Cleary’s decision, reasoning that it is important for a defendant to receive a fair trial. He also pointed to the 144-year-old courthouse’s deficiencies for contributing to the mistrial. “This does highlight the problem with the facilities in the Courthouse and the need for proper facilities. If the Courts had the appropriate room this would be unlikely to occur again,” said Negangard, who has lobbied Dearborn County Council to fund construction of a courthouse expansion. Council did approve $11.2 million in funding for a new courthouse annex last month. According to architects, the expansion will include isolated hallways – not a feature of the current courthouse – for transporting inmates into courtrooms instead of through common areas. Cleary rescheduled Willingham’s trial for January 11, 2016. He’ll be behind bars until at least then anyways. He is already serving more than 42 years in prison after a conviction in a drug case in Dearborn County back in June. Willingham also faces serious felony charges in Ohio related to an indictment this past March for trading heroin to a woman for sex with her 11-year-old daughter. He faces life in prison in Ohio. Negangard said that Ohio will not get Willingham until all of his Dearborn County cases have concluded. Dearborn County Courthouse RELATED STORIES: Dearborn Co. Council Approves $11.2M Annex; How To Finance Still Undecided Heroin Dealer Gets Max Sentence; Still Accused Of Child Sex W. Harrison Man Convicted Of Dealing Heroin In Dearborn Co. W. Harrison Resident Accused Of Trading Heroin For Child Sex