Judge Guy Bradberry finds Lake Charles Attorney Chris Chesson in what's called constructive contempt of court-- for actions he says one witness called re-victimizing a rape victim.
However Chesson plans to appeal.
Bradberry told Chesson he observed him in the courtroom on February 23rd taking video during the sentencing of a man convicted of two brutal rapes.
Chesson responded to the court denying he recorded anything and apologizing, in his words, to anyone who thinks he was taking video.
Chesson says he was having trouble with his phone and trying to get it to work and inadvertently turned on the flashlight feature in court.
Bradberry accepted his apology but sentenced Chesson to three days in jail, suspended two and gave him credit for time served Monday-- which means Chesson will spend no more time in jail.
Chesson's attorney John Green says they will appeal. For one thing, Green says the notice to appear referenced a different date from the one the judge discussed.
"I don't believe he recorded anything. I don't believe he knew there was a rape victim in court and again, I'm not even certain that he was present in the courtroom at the time that he supposedly did the photo taking,"said Green.
Green says they prepared to defend allegations pertaining to a January date in the notice given and then were faced with a different date not mentioned in the notice.
"My point is that when you're going to hold somebody in contempt they have to have due process. You have to tell them, number one, what they did wrong. Number two, when they did it wrong and number three, what sanction you're looking for, what kind of punishment you're looking for. We got none of those notices. We're going to appeal,"said Green.
Chesson was jailed Monday after being late to court but the Third Circuit Court of Appeal ordered him released last night.
"Even if it's contempt for being late, you're entitled to be heard. He could have apologized,"said Green.
Judge Bradberry also ordered Chesson to give a lecture for young lawyers on professionalism and that he donate ten hours to the Literacy Council. With that Bradberry concluded saying the matter is over and told Chesson he sees no reason why he cannot continue to be an outstanding member of the bar. Bradberry also wished Chesson luck.
Of course if the defense carries through with plans to appeal the matter is not over.