Rally against judge who ordered man to sit in court every day

HOUSTON (FOX 26) - Harris County Criminal Judge Michael McSpadden, who has served on the bench for 35 years, finds himself the target of protests and public outrage.

"This type of judicial oppression breaks down a defendant's will to fight," says bail bondsman and Houston City Council member Michael Kubosh. 

A group of people gathered in front of the Harris County Criminal Courthouse to protest Judge McSpadden for his decisions on the bench when it comes to defendants who say they can't afford an attorney.

"Do not allow this judge to just reset the case for just one day over and over again," says Kubosh.

As reported First on FOX, Judge McSpadden required criminal defendants, including 22-year-old Antwan Townes, to come to court every day until they are able to hire a defense attorney. 

That's something Townes says he can't afford. He also says his family could only afford $800 of his $80,000 bond on a robbery charge, but McSpadden refused to appoint him an attorney.

"It weighs a toll on you and it's kind of hard to keep trying to fight and sometimes it makes you want to give up," adds Townes. He wasn't the only one in the crowd telling how Judge McSpadden makes defendants show up every day until they can hire an attorney. Rosie McCutchen says her son is on that list.

"Judge McSpadden told him he's going to sit in that courtroom every day," explains McCutchen. 

Criminal defense attorney Charles Adams says what Judge McSpadden is doing is in direct conflict with the Supreme Court case Gideon vs. Wainright.

"Even using Judge McSpadden's own words, he applies a litmus test," adds Adams. "If you can make bond, you're not indigent and that's not constitutional."

When asked to comment on the case, McSpadden's staff says he doesn't comment to television stations that put community activist Quanell X on the air and he does not comment to FOX 26 News.