Kevin Grasha

kgrasha@enquirer.com

A West Price Hill teen on Monday became the second person to be jailed this year for contempt of court for allegedly taking smartphone photos in the Hamilton County courthouse.

Judge Robert Ruehlman sentenced 18-year-old Daymar Whitehead to six months in jail.

Whitehead admitted in court that he took photos of a deputy leading his friend down a courthouse hallway after Ruehlman refused to reduce the friend’s bond. The friend, Maliek Smith, is facing heroin possession and robbery charges.

Witnesses said Whitehead shouted “Free Maliek!” in the hallway.

In court Monday, Whitehead apologized repeatedly, according to a transcript of the hearing. At one point, he said he wasn’t wearing his glasses and couldn’t see the numerous signs in the courthouse – including outside the courtroom door – that say cellphone use is prohibited.

“In my defense,” he told Ruehlman, a Common Pleas Court judge, “I wear glasses.”

“Oh, come on,” Ruehlman responded.

A deputy said Whitehead also tried to delete the photos after he was handed the phone to enter the passcode.

In addition to imposing the jail term, Ruehlman ordered the smartphone destroyed.

“I am not putting up with this,” he said.

Security at the Downtown courthouse has increased significantly in recent years, and smartphones have been a significant concern for deputies and courthouse staff. Last year, never-before-used security measures were implemented in certain trials after the brother of a witness in a murder trial was shot and killed the same day the witness was on the stand.

In Ruehlman’s courtroom last year, a man was accused of taking photos of an undercover officer. Ruehlman said he also sentenced that man to six months in jail.

In both contempt cases this year involving smartphones, the accusations involve photos of law enforcement officers.

The other case is from earlier this month. Charles Harrell was in court for a well-publicized incident surrounding a jaywalking stop, when a city attorney said Harrell had taken photos of two Cincinnati police officers both inside and outside a Municipal Court courtroom. The photos of the officers were posted on Harrell’s Facebook page.

Harrell was sentenced to six months in jail, but days later posted a $500 bond.

Whitehead had not posted bond as of Wednesday afternoon, according to jail records. His projected release date is Sept. 16.