jail personnel required him to wear the electronic security belt during the trial. Further, McGrath
testified that he did not recall defendant advising him that defendant did not want to testify at
trial because of the electronic security belt. McGrath did recall that the court granted his motion
in limine that barred the State from impeaching defendant with his prior felony convictions and
defendant declined to testify at the trial
Defendant, who was now 72 years old, also testified at this hearing following remand. He
explained that the first day the jury trial began, in reference to a question regarding the electronic
security devices, the “[d]eputy sheriff that placed the stun belt around me advised me that I had
to wear it otherwise I couldn’t have a trial. So I had to sign a consent form to wear it.”
Defendant said he wore street clothes during the jury trial and the stun belt around his waist
caused him to have a large, visible bulge on his back under his clothing. He also stated that the
security device on his leg kept “falling down to the floor.”
Defendant explained that he decided not to testify during his jury trial because he was
afraid the electronic stun belt might “go off accidentally.” He stated he had eight screws in his
neck and spine and he did not know how his body would react to it if the stun belt was turned on.
Defendant testified that he told McGrath about the stun belt. Defendant stated he knew the trial
court ordered that his prior criminal convictions could not be used against him if he testified, but
elected not to testify due to the stun belt. On redirect examination, defendant reiterated he told
his attorney about the stun belt and further told his attorney he wanted to testify but only without
this security belt. Defendant agreed that he did not complain to court personnel that the stun belt
was uncomfortable or that it frightened him. Defendant stated his attorney did not discuss the
stun belt with the trial judge.
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