Can a defendant change the attire of a witness at trial while wearing identifiable prison clothing?

The right to due process and a fair trial is abridged if the accused is compelled to stand trial before a jury while wearing identifiable prison clothing. The appearance of the defendant in such clothes impairs the presumption of innocence and compromises the credibility of a defendant who takes the stand as a witness. If a defendant makes a proper and timely objection, he or she has a constitutional right to be tried in civilian clothes. (People v. Froehlig (1991) 1 Cal.App.4th 260, 263-264.)

The appearance of a defense witness attired in prison clothes does not adversely affect the presumption of innocence or carry with it the inference that the defendant is a person disposed to commit crimes. The credibility of a defense witness observed by the jury in prison attire may be suspect, but the prejudicial impact upon the defense is considered less consequential. Nevertheless, a defendant's tardiness in seeking to change the attire of his or her witness is a countervailing consideration which must be balanced against the defendant's right upon timely request to presentation of a defense witness free from the stigma of prison clothes. (People v. Froehlig, supra, 1 Cal.App.4th at p. 264.)