Criminal defense bar wants judge to apologize, vacate contempt finding.

Byline: Erika Strebel,

The state's criminal defense bar is calling out a Milwaukee trial court judge for his behavior at a hearing last week.

Milwaukee County Circuit Court Judge David Borowski found Assistant State Public Defender Puck Tsai in contempt of court at a hearing Friday and had him handcuffed and belly-chained.

Tsai had been arguing against cash bail for his client, Milwaukee resident Marcus Wilborn, who was charged in July with a felony count of homicide by the negligent operation of a vehicle. Wilborn had been released on signature bond in August.

Tsai contended that the diluted drug-test result was inconclusive and did not indicate that Wilborn had violated his bail conditions, according to a transcript of the hearing.

Tsai suggested retesting and attempted to also argue that the complaint had failed to mention that the collision had happened not just because of the drugs in Wilborn's system but also because the deceased driver had run a stop sign.

Borowski cut him off, and Tsai later attempted to continue his argument, according to the transcript.

"Judge, this is Judge, I wasn't able to finish any one complete sentence," said Tsai. "That's fine with your honor. You know I want to highlight for the court that this is a person standing here in front of the court an innocent person."

"No kidding," Borowski responded. "I get that. Sit down. Counsel if you don't knock Deputy, take him into custody for contempt. Rolling your eyes, throwing your hands in the air, acting like I'm some kind of idiot gets you locked up for contempt. We'll discuss purge...

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