Is sexual sadism a mitigating factor in a rape and murder case? (0's nominee to the 2nd Circuit)

Power Line ^ | 4/28/2010 | Paul Mirengoff

[mojito]

The Senate Judiciary Committee will hold hearings this afternoon on the nomination of Judge Robert Chatigny to the Second Circuit Court of Appeals. Judge Chatigny can expect plenty of skepticism about his suitability, given his handling of a case involving Michael Ross, a Connecticut serial killer who raped and murdered at least eight women and girls.

The facts are summarized in this article in the American Spectator. Chatigny found that the sexual sadism of Ross -- known as the Roadside Strangler -- was a mitigating factor in his case. He went so far as to state that, given his sadism, Ross "never should have been convicted, or if convicted, he never should have been sentenced to death."

Ross himself had finally decided to accept his execution after 20 years of appeals. However, his family and former defense counsel brought a series of "next friend" actions claiming that Ross was incompetent to make this decision. Chatigny twice ordered the execution postponed, but his rulings were overturned by the Second Circuit. Chatigny then tried to browbeat Ross' lawyer into mounting another challenge to the death sentence. He even threatened the law license of that lawyer.

In addition to urging sexual sadism as a mitigating factor, Chatigny argued that Ross could not knowingly have decided to stop appealing given the conditions of the prison where he was being held. Chatigny showed himself to be quite the internationalist, telling Ross' lawyer that he should enlist "an expert who knows why the courts of Europe will not extradite someone to a place like [the prison in question]."

In the end, Ross was executed and State attorneys in Connecticut filed a complaint with the Second Circuit alleging judicial misconduct.

[mojito]

Obama's judiciary.

[ConservativeMind]

WTF?

Cue the confused cat...

[muawiyah]

Chatigny, a judge who certainly knows what he likes eh.

[RWGinger]

I should not be shocked but I am.

I wonder how obama will justify this vile sick POS judge,

does he have to appear before the Senate

[mojito]

He appears before the Senate Judiciary Committee this afternoon.

[Psalm 144]

Mitigating?

MITIGATING?!?!

That is a freak AGGRAVATING circumstnce!!!

[Truth is a Weapon]

This justice should not be confirmed. But saying what should happen to him would probably get my reply deleted.

[Albion Wilde]

Up is down.... Down is up...

[GeronL]

Retards in robes

[RWGinger]

thank you
surely someone will ask about this.
How can any Dem approve his nomination?

[a fool in paradise]

He went so far as to state that, given his sadism, Ross "never should have been convicted, or if convicted, he never should have been sentenced to death."

Sadism is just another sexual identity in the pornicopia of flavors as seen by Sex Positive proponents.

[GeronL]

Sadism sounds like a reason to lock him up and execute to me.

[a fool in paradise]

Sadism isn’t a hate crime, it’s an act of love to abuse and mistreat people...