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Cuyahoga County judge recuses himself from case of convict he had silenced with duct tape

CLEVELAND -- Cuyahoga County Judge John Russo has recused himself from the case of a man he had silenced with tape in court last week.

Franklyn Williams, 32, was found convicted on various robbery and theft charges.

During a court appearance July 31, Russo placed a gag order on Williams due to multiple outbursts, court documents state. Duct tape was placed over Williams' mouth.

In a statement issued Monday, Russo said he believes he can remain impartial through the remainder of the case, but decided to recuse himself "to leave no question in anyone's mind as to any bias."

Russo said he'd repeatedly ordered Williams to be quiet prior to ordering the defendant's mouth be taped shut, stating that Williams interrupted him more than 60 times in a 54-minute span.

Russo apologized for his decision, though there is legal precedent for gagging a defendant to maintain order within a courtroom.

"To my colleagues on the bench in Cuyahoga County, and the 700+ judges in the state of Ohio, I regret any impact or repercussions from my actions last week," Russo said. "I never want the fairness and justice you deliver in your courtrooms to be questioned, no matter the circumstances."

Russo sentenced Williams to 24 years behind bars for armed aggravated robbery and kidnapping charges. The maximum potential sentence was 134 years.

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