Brice Rhodes told he will be 'shocked' by device or removed from murder trial if he causes disruption

LOUISVILLE, Ky. (WDRB) -- Brice Rhodes, the man charged with murdering three people in 2016, was told by a judge Friday that he will be removed from court or shocked by an ankle cuff if he is disruptive during his trial starting next week.

Jefferson Circuit Court Judge Julie Kaelin said she didn’t expect to have to resort to either measure given Rhodes has not had an outburst during court since she took over the case from a previous judge in January.

But Rhodes has a history of violent and profane outbursts in court, threatening at least one judge, accusing a prosecutor and another judge of having an affair, lashing out at several of his attorneys and calling court officials racists or members of the KKK.

"I've not had any problems with you Mr. Rhodes," Kaelin said, adding that he won't be shackled during the trial and will wear regular clothes, so jurors don't know he is incarcerated.

But if he does cause a disruption, Kaelin said she will remove the jury and give Rhodes the option to stay in court with an ankle cuff that deputies can use to shock him or remove him altogether.

"I'm not going to make you wear it," she said. "You will be given the choice of staying in the courtroom with that device on" or not being in court. "But again, I don't have any reason to think there's going to be a problem. ... I think you want this trial over with, too."

Rhodes did not respond to the judge's warning.

The prosecutor in the case, Elizabeth Jones Brown, said she could not remember another local case where a a stun cuff was used.

The use of stun cuffs has been controversial in other states, with one conviction being overturned in Texas after a defendant was shocked three times in 2018, according to media reports.

A New York Times story from 2018 reported the shock is comparable to that of a Taser. And they can be overused by deputies who could, for example, shock a defendant simply for talking back.

But the story pointed out that supporters of the devices say they deter inmates from attempting violence or escape and if the inmates behave, no jolts are needed.

Rhodes' attorneys did not argue against the stun cuff or his possible removal from the courtroom.

Jury selection is scheduled to begin on Monday, more than seven years after Rhodes allegedly shot and killed 40-year-old Christopher Jones in May 2016.

Later that month, he allegedly killed 14-year-old Larry Ordway and 16-year-old Maurice Gordon. Police have said Gordon and Ordway were killed at Rhodes' home in Clifton. Their bodies were dumped in the Shawnee neighborhood and set on fire.

Rhodes allegedly tied the two brothers up and made them beg for their life before stabbing them, according to an interview with a co-defendant. The two were allegedly killed because Rhodes was worried they might tell police about his involvement in Jones' murder.

Opening statements are expected to begin Tuesday or Wednesday with the trial not expected to wrap up until January.

Kaelin ruled in April that Rhodes is competent to stand trial.

The competency hearing was unusual in many ways, including unsuccessful attempts by Rhodes' attorney Tom Griffiths to have several of Rhodes' previous attorneys testify about his conduct over the years, which include numerous outbursts and threats.

Griffiths also attempted to testify himself on Rhodes' behavior and actions since he began representing him, including the fact that Rhodes refuses to talk with Griffiths or acknowledge his defense team.

Kaelin did not allow Griffiths or any attorney who represented Rhodes in the past to testify, in large part because it would be a violation of attorney-client privilege. Several of the attorneys also said they would refuse to testify.

Dr. Timothy Allen, a psychiatrist from KCPC, testified that Rhodes is mentally competent to stand trial. Allen said Rhodes is articulate, understands what is happening and "pretty much did everything we asked of him."

Allen said Rhodes does have anti-social personality disorder, anxiety and substance issues. He also has a low IQ — 73 — but Allen said he did not believe Rhodes was giving full effort.

In October, Kaelin ruled that Rhodes is ineligible for the death penalty, saying he has a documented history of serious mental illness or intellectual disability and "this is not a close case" as to whether he is eligible for the death penalty.

"The Court cannot allow such a person to be subjected to the death penalty, regardless of public clamor," she ruled, arguing she should not be swayed by fear of criticism.

Asked if he wanted to represent himself at trial, Rhodes told the judge he wants to hire new attorneys.

The high-profile case has been pending since 2016 and was scheduled for trial in January 2022 before Rhodes' defense asked for a competency evaluation.

Because of a statewide backlog, it took KCPC more than a year to evaluate Rhodes on whether he is competent to stand trial or should be eligible for the death penalty.

Rhodes is being held on a $1 million full cash bond.

This story may be updated.

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