Can a defendant be physically restrained in the courtroom while in the jury's presence?

"Under California law, a defendant cannot be subjected to physical restraints of any kind in the courtroom while in the jurys presence, unless there is a showing of a manifest need for such restraints. [Citation.] Similarly, the federal Constitution forbids the use of visible shackles ... unless that use is "justified by an essential state interest"such as the interest in courtroom securityspecific to the defendant on trial. " (

[250 Cal.Rptr.3d 218]

People v. Virgil (2011) 51 Cal.4th 1210, 1270, 126 Cal.Rptr.3d 465, 253 P.3d 553.) We have

[445 P.3d 613]

held that a showing of manifest need can be made with " evidence that the defendant has threatened jail deputies, possessed weapons in custody, threatened or assaulted other inmates, and/or engaged in violent outbursts in court. [Citations.] [] The trial courts decision to physically restrain a defendant cannot be based on rumor or innuendo. [Citation.] However, a formal evidentiary hearing is not required. [Citation.] [Citation.] The trial courts determination is reviewed for abuse of discretion." ( People v. Williams (2015) 61 Cal.4th 1244, 1259, 192 Cal.Rptr.3d 266, 355 P.3d 444.)