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Judge Christopher Wagner ordered defendant Brandon Rutherford to be vaccinated within 60 days of his August 4 court appearance on pain of jail, Rutherford’s lawyer Carl Lewis told CNN on Sunday .
Wagner said in a written statement to CNN that his role in court was to “rehabilitate the accused and protect the community.”
“I’m not taking the vaccine,” Rutherford told CNN.
Rutherford said he was “a little shocked” when the judge told him he had to get the vaccine as a condition of his probation. He said he wore a mask in court because he is not vaccinated. Although masks are not mandatory at the Hamilton County Courthouse, unvaccinated people are encouraged to mask themselves indoors, the court’s website says.
“This defendant was in possession of fentanyl, which is more deadly than the vaccine and COVID 19,” Wagner said. “The accused did not express any objections during the proceedings and did not report any medical problems, and his lawyer did not object.”
It is not uncommon for judges to make decisions to protect the health of an accused, Wagner added, which may include ordering various health treatments.
Lewis said they would wait until the 60 days have passed to see what the judge does before requesting a hearing or filing an opposition to the order. This is the first time he has heard of someone ordered to be vaccinated as a condition of his probation, he added.
Rutherford was sentenced to two years probation for possession of fentanyl, court records show.
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