Absurdity Trumps Common Sense

In my March post, “The 13^th Juror,” I discussed how a judge addicted to pain pills was removed from the bench because of his criminal activities in obtaining the pills. A special judge was appointed to decide if defendants in a 2007 carjacking-torture-murder case should get new trials. After the three male defendants were convicted, two of them were given life sentences. The ring leader received a death sentence. At the time the original judge was removed from the case, the female defendant had been found guilty of facilitation but had not been sentenced. The original judge I called P. The special Judge, whom I called G, without holding hearings, granted all four defendants new trials.

I’ve been following the latest developments in the case through the Knoxville News Sentinel because my daughter could still be on the witness list.

In his decision, Judge G concluded that Judge P’s addiction and criminal activities deprived the defendants of “constitutionally sound trials”. He also decided that he could not act as the 13^th juror because of credibility issues with Judge P and the witnesses. The prosecutor appealed the decision to grant new trials to the three male defendants, but did not appeal the decision on the female because of Judge P’s erratic behavior during her trial.

The Tennessee Supreme Court concluded that Judge G was wrong in granting new trials and directed him to address the issue of whether the credibility of the witnesses was crucial in the state’s case. The Court stated that if Judge G concluded the witnesses’ credibility was key and could not evaluate their candor from the transcript alone, he must grant new trials. The Court further ruled that the defense must show proof of error before new trials may be granted. Despite the Supreme Court’s decision, Judge G again ordered new trials for the three male defendants without holding hearings.

The prosecutor filed a motion with Judge G requesting that he recuse himself. Judge G refused to recuse (On my, I’m channeling Johnny Cochran!). He even threaten the DA with contempt of court, and told the DA’s special counsel he should report himself to the state board that polices lawyers.

Failure to follow the Supreme Court’s directive is bad enough but what is most disturbing is Judge G’s off the record actions in an attempt to prevent public scrutiny. According to the Knoxville News Sentinel, he removed documents from the court records and ordered prosecutors not to refer to them in public. He corresponded with prosecutors through emails instead of issuing orders that would become part of the court record. He held meetings with lawyers in chambers instead of holding hearings. In his motion asking Judge G to recuse himself, the prosecutor cited emails in which the judge said little birdies were putting thoughts in his head.

Anyone should know, but especially a judge, that trying to keep judicial proceedings secret from the press in a high profile case is like trying to hide meat from a hungry pack of dogs. The press will smell something wrong in a New York minute (by the way, what is a New York minute?). Judge G allowed absurdity to trump common sense.

On Thursday, June 21, 2012, Judge G scheduled a hearing on the prosecution’s recusal motion for October 8, which will allow the DA to put his objections into the official record. Maybe, just maybe, common sense will begin to trump absurdity in this case.

The Blue Bird of Common Sense