Kenyatta Campbell spends 10 hours in a courthouse holding cell every day because he refuses to give a DNA sample as ordered by a judge.
Campbell is already imprisoned in the Clarke County jail for alleged drug trafficking charges, but the DNA sample is being ordered in a separate child support case in Athens. Georgia.
Apparently, Campbell is concerned that the DNA sample might also be used against him in the drug trafficking case.
Campbell has been in the Clarke County jail since December 2011 for allegedly heading a group responsible for trafficking marijuana into the Athens, notes the Athens Banner Herald.
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So everyday Campbell is taken from the Clarke County jail to a holding cell in the Athens courthouse for ten hours and then returned to the Clarke County jail.
“The court orders [Campbell] to be brought to the courthouse and held available to give [DNA] swabs each day from 7 a.m. to 5 p.m. until he agrees to provide the swabs or until further order of the court,” wrote Western Judicial Circuit Chief Judge David Sweat in his ruling on May 17.
“Campbell is being held every day in a cell approximately 12x16 feet which is crowded with anywhere from five to 20 prisoners at a time,” attorney James Smith wrote in a recent letter to Judge Sweat, claiming unconstitutional “cruel and unusual” punishment.
“I can imagine no more serious and cruel punishment than keeping a person shackled 10 hours a day every day in a crowded cell in a dimly lit holding cell in a courthouse and there is no legal reason for doing so. I write this letter hoping you will see the attack on humanity of such treatment.”
Smith also claims that the Georgia state constitution supports Campbell's right to refuse to give DNA that “could very well be incriminating in his criminal case.”
However, under Georgia law, judges are are allowed to require DNA samples in child support cases.
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Source: Athens Banner Herald