KNOXVILLE, Tenn. — UPDATE FRIDAY, JUNE 23: Based on an inmate's recent good behavior, a judge has decided to lift an order that the man wear a shock belt during his upcoming trial.
"The defendant comported himself well during a recent pretrial hearing. Therefore, the court will not require the defendant to wear a shock belt during the trial, depending on the defendant's continued good behavior," Knox County Criminal Court Judge Steve Sword's June 21 amended order states.
Robert Atkins faces trial June 26 for second-degree murder and delivery of a controlled substance, court records state.
Sword put down the shock belt order earlier this month because of Atkins' disruptive and disrespectful behavior. Atkins has previously been convicted of murder in a separate case.
He's represented by defense attorney Tyler Caviness.
PREVIOUS STORY: A Knoxville murder defendant's conduct has been so bad in court he's going to have to wear full shackles in pre-trial hearings and a hidden stun belt for his trial later this month, a judge has ordered.
Last week, Robert J. Atkins, 42, "repeatedly cursed" at Knox County Criminal Court Judge Steve Sword and told a court officer he "would get" the trial judge at the next hearing, Sword wrote Monday in an order.
To Sword, Atkins has deliberately tried to avoid being put on trial. Because of his conduct, the judge wrote Monday that he needed to impose extraordinary steps to ensure Atkins respects the court.
At his next pre-trial hearing, which is Wednesday, Atkins, who is now a state inmate, will have to wear full shackles. And when his trial takes place June 26, he'll have to wear a stun belt disguised under his clothes. Court personnel can zap the wearer of a stun belt with a jolt of electricity when needed by remote control.
Stun belts are rarely used these days; some rights group object that they're cruel.
"His latest threats and behaviors lead the court to conclude that extraordinary measures are needed to ensure that the defendant is unable to further delay the trial or disrupt the proceedings," Sword wrote in his Monday order.
If those measures don't work, the judge warned he's prepared to use visible shackles, a gag or could just remove Atkins from the courtroom while his case proceeds.
"The defendant is a large, healthy man who is in strong physical condition. There are not less onerous means to secure the courtroom and ensure that the defendant complies with the proceedings," the order states.
It's up to Atkins to show that he'll cooperate in court, according to Sword. If he shows he's behaving, the judge wrote he won't use the "more restrictive measures" at trial.
Atkins has gone through at least four defense attorneys in recent years. He's intimidated and threatened them, Sword wrote. They've withdrawn because of his behavior.
Atkins faces a four-count indictment in Criminal Court. Besides the second-degree murder of Velma Smith in January 2019 through fentanyl use, he's also charged with three drug counts.
Last year a Knox County jury convicted him of the February 2020 murder of Kaitlyne Warwick and with evidence tampering. He's serving 25 years for Warwick's killing at the Hardeman County Correctional Facility in Whiteville, records show.
He has an arrest history that includes violence against women and causing disturbances.
