Posted on 07/19/2005 6:31:15 AM PDT by Liz
STEPHEN CARUSO $1G for ripping carjacker.
......During jury selection, never announce that you think the defendant is "a scumbag."
A prospective juror who dropped the vulgar phrase outraging the trial judge was ordered to pay a $1,000 fine for contempt of court yesterday.
Financial analyst Stephen Caruso, 27, ignited the juror furor by taking one look at the defendant in a Harlem gunpoint carjacking and then telling the judge he couldn't be objective, since he'd been robbed at gunpoint three times himself.
"I'm already looking at him," Caruso had told the judge of the defendant. "I think he is a scumbag."
The crook in question, Robert Sanford, 58, of East Harlem, wound up being convicted a week later on charges of kidnapping in the second degree, after a jury unanimously found that he'd held a realistic-looking BB gun to the head of a driver in Harlem, demanding money and forcing the terrified victim to drive him around.
Manhattan Supreme Court Justice William Wetzel.....(called) the would-be juror's outburst "an insulting, and demeaning invective spewed at a defendant." The comment turned the court into "some kind of circus," and risked tainting the jury pool against the defendant, thereby depriving him of his right to a fair trial.....
The judge had mulled tossing Caruso in jail for 30 days but leveled the fine after Caruso apologized.
Caruso explained to the judge that being asked to sit in judgment of an accused gunpoint-carjacker had "brought back some emotional memories."
Later, Caruso's lawyer insisted that his client had meant only to inform the judge of his inability to be fair to the defendant......."I think that the word 'scumbag' has evolved in the past 10, 15 years," said the lawyer, Norman Steiner. "It's not a profanity anymore."
(Excerpt) Read more at nypost.com ...
Well, the carjacker IS a scumbag. And worse.
Was it ever a profanity?
Make that four times robbed at gunpoint. This time for a thousand bucks...
Let me add that I think the judge is a scumbag in this case. He was ready to put the juror in jail?? How idiotic. Heaven forbid we offend the thugs among us!
Yes. Ever since it's been associated with the word "Clinton." (Interchangeable, I know.)
"IT has evolved. It used to be much worse." ?? When, on the playground in 6th grade??? Is it one of the words you cannot say on the radio? In a movie? This guy should SUE the judge. And should run for NY Gov. I'll work for him.
It should be a profanity, but that is not the issue. I think the judge should excuse the man's comments due to the fact he has been threatened many times by the same type of criminal as the defendant.
It was a totally gut reaction comment based on pure emotion and horrible experiences. And I'm sure the man meant it but the judge has to allow this man to be human after all.
Heheh.....that nails it, alright.
Contempt of court is soley at the judge's discression as the courtroom is their kingdom.
Sue the court
Don't see how he could be convicted. He express his opinion. He didn't say the guy was a Scumbag, just that he thought of him as a Scumbag. Big difference.
Well, the carjacker IS a scumbag , and The Judge is worse.
So9
I think the judge is a scumbag. A really big one. The judge should have the court reimburse the young man.
Walks into court to perform his civic duty and now he is a criminal. I have a big problem with this type of crap!
(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
Well, my daughter got off of a murder trial, amoung other reasons because when the judge asked her if she had any immediate reaction to the defendant my daughter said "She sure looks like she could have done it." But, of course she didn't use any bad language.
I think the judge over reacted, wasn't the juror under oath, and therefore obligated to speak the truth?
It would have been worth the $1,000 fine to escape jury duty in that case.
(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
Here are the rules this guy sets out for his courtroom. He actually sounds like a pretty good judge:
http://www4.law.com/ny/courts/docs/ny/bios/wetzel.htm
I have no difficulty seeing his rules implemented in a courtroom. Grownups know better than to think that they're actors in "Night Court" when they act as officers of the court. That said, if Caruso didn't KNOW the rules, this was silly--and $1K is a lot of money for a stupid mistake.
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