Appeals court tosses Black Hawk County drug conviction

A convicted Black Hawk County man who was removed during his trial for disruptive behavior will get another chance in court, according to an Iowa Court of Appeals ruling Wednesday.

Dontrayius E. Carey, 32, who opted to represent himself, was convicted in 2011 of possession of a controlled substance and sentenced to two years in prison. But the Iowa appeals court overturned the conviction, ordering a new trial, based on the fact that Carey wasn't allowed back into the trial after the first day, which denied his right to be present at trial.

According to the ruling, Black Hawk County Associate Judge Nathan Callahan abused his discretion by not allowing Carey back into the courtroom without conducting an on-the-record hearing with Carey to determine if Carey could change his behavior.

Carey was removed the first day for arguing with Callahan regarding the questioning of a witness, according to the ruling. The judge explained to Carey why he couldn't ask certain questions about information that wasn't submitted into evidence. Carey refused to accept the decision and was given four warnings that his conduct could lead to his removal. He ignored the judge's orders to be quiet and take his seat.

According to the ruling, Callahan didn't violate Carey's constitutional rights that first day. Carey's behavior was 'seriously disruptive” and prevented the trial from proceeding in an 'orderly manner,” the ruling says. However, the judge abused his discretion by failing to provide Carey with an opportunity to return to the courtroom the next day, the ruling says.

Callahan directed Carey's attorney, who Carey didn't want for an attorney, to talk to Carey before the next day of the trial about coming back and his right to testify, according to the ruling. The attorney reported the next day that Carey threatened him with physical violence. Callahan then found Carey waived his right to be present without talking to him about the alleged threat or his willingness to adhere to court rules. Carey remained in jail throughout his trial.

According to the ruling, the failure to conduct a hearing with Carey present raises questions about whether Carey wanted to have witnesses called in his defense or if he wanted to testify. The judge's procedures in this case were 'inadequate,” the ruling says.