Judge throws out rape case....

[madmom]

a judge in Cuyahoga county (Cleveland) threw out a rape case because the prosecutor was late,earlier in the day, the prosecute asked the judge to remove herself from the case because of a statement she made about the victim. This is one of those activist judges I guess. Couldn't she have charged the prosecute with contempt or a fine or something? It sure wasn't the victims fault the judge and lawyer were in a pissin' match.



(this requires registration)





http://www.crescent-news.com/?topic=/news/&tD=

[Cerridwen]

1. Here's a link to article that doesn't require registration

http://www.ohio.com/mld/ohio/news/14843632.htm

Judge throws out rape case after prosecutor late to court
Associated Press

CLEVELAND - A Cuyahoga County judge threw out the charge against a man accused of raping a girl six years ago when the prosecutor in the case was 45 minutes late to trial.

Prosecutors have filed an appeal and said, if necessary, they will refile the charge against Norman Allen Craig, 22, of North Ridgeville.

The mother of the now 16-year-old Rocky River girl said her daughter feels victimized by the judge's decision.

Common Pleas Judge Eileen Gallagher dismissed the case when Assistant County Prosecutor Mark Schneider had not shown up by 1:45 p.m. Monday, after she told both sides to be in court at 1 p.m.

<snip>

More at link.

[Lochloosa]

6. Here is a pic and contact info: Oh and a quote....nice lady

Gallagher said her decision to throw out the charge had nothing to do with the girl's credibility.

"It was all about the unprofessional actions of a prosecutor," she said. "You don't show up -- too bad. Don't treat me like a punk and not show up in court without giving us the courtesy of notifying us where you are."





Fax:
[phone]
Bailiff:
Mary Spellacy
[phone]
Scheduler:
Laura Moon-Drutel
[phone]
Staff Attorney:
Bridget McAndrew
[phone]

[madmusic]

10. "moral panic" non-issue

Activist judge? Maybe next time the prosecutor will be on time if he/she cares about the victim. That's all there is to it.

[lapfog_1]

9. So, this is a rape case that took 6 years to come to trial???

what's up with that?

Also, the alleged perp was 16 when the rape happened and the victim was 10?

There is more to this story than we know about, me thinks.

[MercutioATC]

14. No, this is just an example of Cleveland politics.

http://www.cuyahogacounty.us/home/judges.asp

Look at the last names (particularly the Gallaghers and Russos)...Cuyahoga County Courts are one big steaming pile of close-knit families and allies who get away with pretty much whatever they want.

[Montauk6]

2. At the risk of being flamed...

Wasn't the prosecutor throwing the dice by concentrating on the appeal as opposed to getting to trial on time? Don't they have clerks to work on this stuff? You're already on the judge's bad side, why make it worse?

Yes, it may have been petty on the judge's part to dismiss but the facts listed in this article are sketchy; we hear that the judge may have made an inflammatory statement but we don't have a quote. We're led to think that this is an outrageous act but that would only be if we assume that the accused did what he's charged with. Again, not enough info provided here.

Also, if this judge truly acted like a real a-hole here, it should be a slam dunk/no-brainer to get this lady bounced, right?

I'm just sayin'...

[Mandate My Ass]

3. You can punish a prosecutor without punishing a victim

It's up to a jury to decide the credibility of the alleged victim and the prosecutor is 1000% correct about the inappropriate nature of the comment made by the judge prior to the trial.

This judge is waaaaaaaaaay out of line.

[Montauk6]

4. True, but maybe the real problem is a system that gives a judge that kind

of power to begin with.

Speaking of flaws in the system, it turns out this very judge a few days prior was almost bum-rushed when an angry defendant who'd just been sentenced by her to a year stormed the bench and her panic/alarm button failed.

http://www.cleveland.com/news/plaindealer/index.ssf?/base/cuyahoga/1150187500278170.xml&coll=2

[Cerridwen]

5. It looked to me, based on the information provided,

that the judge and the prosecutor are having a "pissing contest" and the victim is the one being pissed upon.

Doesn't say a whole helluva lot about our judicial system or its participants.

[dysfunctional press]

7. well- it's not like he was found innocent...

it sounds like the suspected rapist will still have to face charges in court- it's not a "double-jeopardy" situation, where he would have already been considered to have stood trial, and couldn't be charged again.

[Bake]

8. But consider this ...

You've been arrested on bogus charges, you make bail and hire a lawyer. On the appointed date and time you, the defendant, show up in court, ready to defend yourself. Let's say the cop, who is the prosecution's chief witness against you, doesn't show up. The court grants a continuance and once again, you show up at the appointed time. Cop is still a no show. Your lawyer moves for a dismissal.

Should you get it?

Here, the prosecutor failed to show up. The State was not ready to go to trial at the time set by prior order. The prosecutor not only isn't there, he does't call the judge's clerk with apologies and info on where he is/what time he'll be there.

What's the judge to do?

The FIRST RULE -- the VERY FIRST RULE -- in "real" law practice is: don't show up late for court, and don't piss off the judge. The judge doesn't care how busy you are.

Bake, Esq.

[MercutioATC]

11. So find the prosecutor in contempt...don't punish the victim.

Another whackjob Cuyahoga County Judge...

[Bake]

12. But a continuance punishes the defendant

The defendant, who, under our Constitution, has the right to a speedy trial. The defendant who has the right to his/her day in court. Just like in my example, which I've seen played out in courts time and time again.

The victim is not "punished." The victim is just that, the victim of the crime. The victim is not the prosecutor, nor even a party to the action. The parties are the State and the defendant.

Bake

[MercutioATC]

13. You're technically right, of course. However...

Mason's office alleges that calls were made to the Judge's office letting her know that the Prosecutor would be late. While that's neither here nor there, the defendant wouldn't have been deprived of a "speedy trial" by a 45-minute delay (which is what it was and the Judge would have known that had her office relayed the messages). I've been involved in a few court cases and have yet to experience one without similar delays.

The issue for me is that this appears to be a pissing contest between Judge Gallagher and the Prosecutor's Office (who wanted her to remove herself from the case based on statements she had made). Judge Gallagher decided to "win" the contest by tossing out the case. She's a public servent. How was the public served by her decision?

[Bake]

15. I would not have a problem with a 45 minute delay

And believe me, I've seen many a pissing contest between prosecutors and judges. Guess who wins almost every time?

I was in no way defending the judge in this case; just presenting another possible angle on the situation. I just think it was stupid for the prosecutor to think he could "win" that contest. Frankly, I think BOTH of them have forgotten who it is that they serve!

Bake

[MercutioATC]

16. We agree. The judge will always win.

...and it was irresponsible of the prosecutor to be 45 minutes late.

Having had direct dealings with it, however, I'm concerned about the state of the Cuyahoga County Courts. Cuyahoga County doesn't have a court system, it has a kingdom...and the judges frequently abuse their power in this manner.

[sandnsea]

18. No choice really

If the prosecution isn't there to prosecute, I don't know that the judge has much of a choice but to dismiss. That's pretty much a basic due process sort of thing, isn't it?

[MercutioATC]

19. Trials are frequently delayed...and this was only 45 minutes.

The Prosecutor's office called the Judge's office to let her know of the delay.

I don't see her decision as anything other than petty one-upsmanship.

[OPERATIONMINDCRIME]

17. What A Retarded Ruling.

When it's for something like a traffic ticket, and the cop doesn't show up, fine.

But when it comes to felony cases I would think there should be a far higher standard for dismissal.

I feel for the victim here.