Seale requested that the trial be postponed so that his attorney Charles Garry could represent him (as Garry was about to undergo gallbladder surgery). The Judge denied the postponement, and refused to allow Seale to represent himself. Seale vehemently protested the judge's illegal and unconstitutional actions, and arguing that they were not only illegal, but also racist. Seale told the courtroom: "This racist administration government with its Superman notions and comic book politics. We're hip to the fact that Superman saved no black people. You got that?...You have did everything you could with those jive lying witnesses up there presented by these pig agents of the government to lie and say and condone some rotten racists, fascist crap by racist cops and pigs that beat people's heads in-and I demand my constitutional rights!" The judge in turn accused Seale of disrupting the court, and on October 29, Hoffman ordered Seale to be bound, gagged, and chained to a chair, citing a precedent from the U.S. Supreme Court case Illinois v. Allen.
For several days, Seale appeared in court bound and gagged before the jury, struggling to get free and managing to make muffled sounds. Defense attorney Kunstler declared, "This is no longer a court of order, Your Honor, this is a medieval torture chamber." This was alluded to in Graham Nash's song, "Chicago", which opened with: "So your brother's bound and gagged, and they've chained him to a chair". Trying Seale with the other seven defendants also proved to be a fiasco, as it was revealed that Seale had not participated in the planning for the demonstration, but had gone to Chicago as a last-minute replacement for Eldridge Cleaver and was only in the city for two days of the convention. Ultimately, Judge Hoffman severed Seale from the case, sentencing him to four years in prison for contempt of court, one of the longest sentences ever handed down for that offense in the U.S. up to that time. Due to the judge's unconstitutional actions, the contempt charges against Seale were soon overturned by the U.S. Court of Appeals.