Murder trial clothing at issue

Phillup Alan Partin, accused of killing a 16-year-old runaway, chooses to wear his prison garb over civilian attire for his trial.

By JAMAL THALJI, Times Staff Writer
Published October 2, 2007

Phillup Alan Partin looks at a laptop computer during a court recess at the West Pasco Judicial Center in New Port Richey. Partin is on trial this week for first-degree murder of 16-year-old Joshan Ashbrook. He has ignored his right not to be seen in handcuffs and jail coveralls because that might affect his presumption of innocence. Partin faces the death penalty if convicted.
	[Mike Pease | Times]

NEW PORT RICHEY - The first step in the first-degree murder trial of Phillup Alan Partin: assemble a fair and impartial jury.

"Does he look like a criminal?" Assistant State Attorney Mike Halkitis asked prospective jurors on Monday.

Well, what if he's dressed like a criminal?

Because that's how Partin spent day one of his murder trial: in jailhouse blues.

The 42-year-old felon could be sentenced to death if convicted of the 2002 slaying of 16-year-old runaway Joshan Ashbrook.

Under the law, Partin is presumed innocent until proved guilty. In front of the jury, that means he has the right to look innocent, too.

"The widely held thought is that presenting a defendant in jail garb sort of makes the jury feel like jail is the right place for this defendant to be," said defense attorney and former prosecutor J. Larry Hart, who is not associated with the case.

That's why defendants have the option of dressing in regular civilian garb during trial, given to them by family or lawyers. That's also to keep the jury from finding out that a judge already decided the defendant should be jailed pending trial.

If they are prisoners on top of being defendants, they can also wear hidden shackles, such as leg restraints under their civilian clothes. This way they don't appear handcuffed in front of jurors, but they're not able to attempt a courtroom escape, either.

Partin told the judge of his decision not to wear civilian clothing Monday morning.

It was a decision the defendant made before the trial, according to one of Partin's attorneys, Bjorn Brunvand. But Brunvand declined to comment on how it could affect the trial or what wardrobe advice Partin's lawyers gave him.

Partin himself spent the day sitting with his lawyers, avoiding the gaze of jurors. The short-sleeved jail coveralls did not hide the tattoos on his forearms or neck.

The victim's body was found in the brush off Shady Hills Road on Aug. 1, 2002. Her neck was broken, her throat slashed.

In September 2003, Partin was indicted by a grand jury and, 15 months after Ashbrook's death, he was arrested that October in North Carolina.

Last year Ashbrook's mother, Tara Lynn Ramsdell, settled a wrongful death lawsuit against the Pasco County Sheriff's Office for $25,000.

Her mother obtained a court order to have deputies take her daughter into custody, but she was never picked up. She ran away July 31, authorities say, and was found dead the next day.

Under the settlement, the agency admitted no fault.

Jury selection was finished late Monday evening after nine hours.

Opening arguments begin today and the trial could last up to two weeks.

Jamal Thalji can be reached at 727 869-6236 or thalji@sptimes.com

[Last modified October 1, 2007, 21:28:55]