Posted on 12/04/2009 1:47:10 PM PST by markomalley
he cases of close to 90 anti-abortion demonstrators arrested on the University of Notre Dame campus will not be headed to trial anytime soon.
A judge Thursday granted a defense attorney's motion that a higher court decide if the judge should recuse herself from the cases before they move forward.
Defense attorney Thomas Dixon, who represents a large number of the defendants, has repeatedly argued that a new judge should oversee the group of anti-abortion activists who have opted to take their trespassing cases to trial.
Dixon believes St. Joseph Superior Judge Jenny Pitts Manier is biased because of her husband's relationship and former employment status at Notre Dame.
Manier has previously said her husband has no personal or professional interest in the outcome of the Notre Dame cases nor do his political or ethical beliefs affect her performance as judge.
Prosecutors on Thursday told the judge they had no objection to an appeal being made before the cases head to trial. Both sides brought up the potential of an appeal being granted after the trials are completed, and the possible burden of then having to conduct a second set of trials.
"You don't have to agree with me that you're biased," Dixon told the judge. "You only have to answer two things: Could a reasonable person come to that conclusion or a perception of bias ... and what's the risk?"
Thursday's two-hour hearing, which included arguments from five attorneys, also centered on whether the cases should be thrown out completely.
Attorney Erik Zimmerman, who represents three of the defendants, argued that despite its "private" university title, Notre Dame and its police officers should be considered "state actors."
(Excerpt) Read more at southbendtribune.com ...
If they are taking money from the state, they are state actors.
It’s deeper than that. Are the Notre Dame cops state certified? Do they have arrest powers?
One would assume they are. Campus cops should not be allowed to do more than detain people for the real police.
State funds ...
I bet they are.
AND, do they belong to the State Actors’ Guild?;)
Yes, they are. Under Indiana law, Notre Dame is treated like a municipality, even though it is outside South Bend and not located within any city or town. There is a special state law that grants arrest powers to police forces such as the Notre Dame Security Police (NDSP).
I’ve contended to my fellow alums that ND may well have a 42 USC Sec. 1983 problem by the time this is all over—in other words, ND and its agents (that is, jack booted thugs) have violated the civil rights of Fr. Weslin and the pro-life people under color of state law.
I also believe that the Pope should excommunicate John Jenkins (the president of ND) and that the bishop should deal with the judge (Jenny Pitts Manier) and the prosecuting attorney (Michael Dvorak), both of whom appear to be Catholics in name only.
To take the state’s money is to be the state’s whore.
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