ELYRIA — The mother and brother of murder victim David Barreiro have been released from Lorain County Jail after spending a night in county jail for contempt of court
Sesa Barreiro-Patterson and Daniel Barreiro were both put in jail by Judge Chris Cook on Tuesday after Daniel Barreiro tried to jump over the railing in the courtroom to assault Abline Cannon, who is on trial for the murder of David Barreiro. Barreiro-Patterson then attempted to climb over the railing when Lorain County Sheriff’s deputies restrained her son.
On Tuesday evening, Cook sentenced Barreiro-Patterson to 15 days in Lorain County Jail and Barreiro to 30 days in jail. On Wednesday, Cook vacated the sentences.
“My sentencing order was probably improper and premature in that they both should have a right to be heard prior to sentencing,” Cook said. “Even though I can sentence in a summary fashion, it should be done in open court with an opportunity to be heard.”
Cook said his decision Tuesday was based on his intention to restore order to his courtroom and maintain a safe and calm situation for everyone.
Barreiro, dressed in a Lorain County Jail jumpsuit and handcuffed, addressed the court saying that the murder of his twin brother has been hard on him and that Cannon has shown no remorse. Barreiro also said the defendant was staring him down during the trial Tuesday.
“I fell for it, and I want to apologize,” Barreiro said. “I try my best to compose myself, and I apologize; I’m normally not that kind of person. … I want to remove myself from the whole thing. I told the prosecutors from the very beginning when they asked me (to testify) I wanted to stay away from the trial. I knew that this would happen.”
Assistant County Prosecutor Tony Cillo said he’s spoken with Barreiro several times about the case and acknowledged that Barreiro has struggled to close the wounds left by the death of his brother.
“It’s one of the worst parts of our job, because these things last so long sometimes and you have to bring people through them,” Cillo said. “Our burden of proof is that we have to bring people through the court to address old wounds.
“I’m sorry, Daniel.”
Attorney James Burge, who is representing Cannon in the trial, also addressed the court about the Barreiros.
“I’ve known the Barreiro family for over 40 years,” Burge said. “This young man and his mother, in my view, are literally the salt of the earth. I know the family from church and boxing; they’re a credit to the community. I would imagine that Daniel is currently suffering from some untreated PTSD. I think that’s probably what gave rise to the outburst yesterday.”
Cook said he has to strike a balance between the pain of the victim’s family and their rights to be in the courtroom and his “obligation to run a safe, orderly and efficient courtroom that does not involve acts of violence directed against anyone in the courtroom, even the defendant.”
“You put people in jeopardy,” Cook said. “You put yourself in jeopardy of being harmed. You put the sheriff’s deputies in the way of harm. You put defense lawyers, prosecutors, court staff and the public in jeopardy. People could have really been injured in that situation if it would have gotten out of control.”
Cook said the contempt charges for both Barreiro and Barreiro-
Patterson will still stand, but he credited them with time served and ordered them to be released from custody. He said there would be no fines for either.
He did order both to stay out of the Lorain County Justice Center for the duration of Cannon’s trial. Barreiro-Patterson will be allowed to attend the rendering of the verdict in the case, but Barreiro will not be allowed to attend.
Barreiro will be allowed to attend and give a victim-impact statement at the sentencing of Cannon, if he should be found guilty of the charges in connection with David Barreiro’s death.
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