Posted on 10/20/2005 2:05:01 PM PDT by Vasilli22
A defiant judge said Wednesday that he did nothing wrong by performing defense attorney-like research during a recent trial and, after a jury convicted the defendant of child abuse, pledging to help her avoid prison.
"I did the work that I would have expected the defense attorney to do," state District Judge Manny Alvarez told The Dallas Morning News. "I did more research [than the lawyer] ... I don't apologize."
The Texas Commission on Judicial Conduct could discipline him because, among other things, he didn't tell prosecutors about the research. It included Internet reading and a call to a former college roommate who's a Florida pediatrician – and who told The News that the judge didn't give him important information about the victim's injuries.
The judicial commission's executive director, Seana Willing, said she wasn't familiar with Judge Alvarez's actions but generally advises jurists to avoid the "inherent evil" of private communications about a case.
The goal, she said, is "to prevent a judge from making a decision" unless both sides in litigation know its basis and have had a chance to be heard. Potential punishments range from a private admonition to a public trial and removal from office.
Judge Alvarez said he came to believe that baby sitter Maria Hurtado might be innocent after reading online about a medical diagnosis cited in the case and consulting ex-roommate Dr. Alex Perez.
After jurors in his court convicted Ms. Hurtado two weeks ago and sentenced her to eight years in prison, he told them they had made a mistake because the prosecution and defense failed to present necessary testimony. He said he would "fix it" by freeing the defendant without cash bail until he could arrange for a new trial and said the illegal immigrant might return to her native Mexico.............
(Excerpt) Read more at dallasnews.com ...
Wonder why the good judge ignored this and failed to mention it to his college buddy:
Dr. Perez said Judge Alvarez didn't tell him that Dallas doctors had diagnosed that 6-month-old Heaven Preciado had suffered from shaken baby syndrome, based in part on heavy bleeding in both eyes.
"That's shaken baby," the physician said. "That's key. He didn't mention that to me."
Trial is sometimes like what John Madden says about 'bad calls' in the NFL:
"You've got to remember -- there are three teams on the field."
Nice to be king!
But it really must be quite annoying to have to sit there in silence while an idiot defence attorney screws up a case, and an innocent person is convicted. I do not know it that is the case here, but it could very well be.
Many of the powers judges formerly had to prevent this have been disallowed by legislation.
"Many of the powers judges formerly had to prevent this have been disallowed by legislation."
And with good reason.
And it's called 'chronyism'.
I live in Dallas where the trial took place and it appears that the evidence was pretty overwhelming.
Give me a break. A judge can declare a mistrial and reprimand an attorney for conduct.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.