united-states criminal-procedure
Why and when would an attorney be handcuffed to their client?
<p>While reading about the trial of <a href="https://en.wikipedia.org/wiki/Hans_Reiser#Recovery_of_Nina%27s_body,_and_sentencing" rel="noreferrer">Hans Reiser</a> I came across this peculiar sentence:</p>
<blockquote>
<p>On Monday, July 7, 2008, Reiser led police to Nina's shallow grave in the Oakland Hills. <strong>Reiser's attorney, William Du Bois, who was handcuffed to Reiser</strong> and accompanied by a heavy police guard to the site, said that the remains were found buried on the side of a hill […]</p>
</blockquote>
<p><sup>(Originally reported by <a href="https://www.sfgate.com/news/article/Wife-killer-leads-cops-to-body-in-deal-with-D-A-3277626.php" rel="noreferrer">SFGate</a>)</sup></p>
<p>I find this very strange for multiple reasons:</p>
<ul>
<li>The attorney is not legally responsible for the defendant's safety or security.</li>
<li>The attorney is free to leave at any time.</li>
<li>The attorney is not required to be armed and can not be expected to defend himself from a violent defendant</li>
<li>…nor can he be expected to physically restrain the defendant if necessary.</li>
<li>If the <em>heavy police guard</em> has to intervene, having an innocent civilian chained to the target must make their job much more difficult in case the defendant has to be subdued by force.</li>
</ul>
<p>Why and when would this be standard practice, and who would order that? Is it something that the Judge would order, or would the attorney himself have to suggest it?<sup>†</sup></p>
<p><sup>† Unfortunately we can not ask him personally since, while researching the question, I found that he recently <a href="https://www.acbanet.org/2023/02/17/in-memory-william-bill-dubois/" rel="noreferrer">passed away</a>.</sup></p>

<p>My impression, and the plausible explanation in the absence of the actual facts, is that this was something that the attorney agreed to, in order to allow a skittish client to reveal information pursuant to a favorable plea agreement.</p>
<p>The police probably insisted that the client be handcuffed to someone while doing this to prevent the client from fleeing. The attorney probably offered to do the job instead of a police officer, to be able to provide advice to his client and keep his client calm enough to do it, which might not have happened (sacrificing the favorable plea deal that the attorney negotiated) if someone else were in that role.</p>

<p>Preliminary answer:</p>
<p>According to the <a href="https://www.google.co.uk/amp/s/www.eastbaytimes.com/2008/07/07/hans-reiser-leads-police-to-body-in-oakland-hills/amp/" rel="noreferrer">East Bay Times</a>...</p>
<blockquote>
<p>Despite the presence of officers, Du Bois said he was handcuffed to his client.</p>
<p>“I guess they were afraid he would run,” he said.</p>
</blockquote>
