Legal Commentary

Federal Judge Removed During Trial After Exclusion of Evidence

By Jeralyn

The 7th Circuit Court of Appeals has ordered the Chief Judge from the Northern District of Illinois, removed from a drug case in the middle of trial.

The Judge had excluded fingerprint evidence. U.S. Attorney Patrick Fitzgerald took an immediate appeal and the 7th Circuit ordered Judge James Holderman removed and directed the Judges to assign someone else and keep the trial going.

The 7th Circuit gave no reason for the extraordinary action and said an opinion will be forthcoming. Here's what the order, called a "Final Order in Original Proceeding" says: [More...]

ORDER: the Government’s Renewed Petition for a Writ of Mandamus, filed on July 26, 2010, by counsel for the petitioner is GRANTED. The district court shall admit G.Ex. Roberson Seizure 2, allow the government to recall Stephen Koop to testify regarding the recovery of latent fingerprints from that exhibit, and also allow testimony regarding comparison of the latent prints with known fingerprints of the defendant.

Circuit Rule 36 shall apply on remand. The case shall be reassigned to a district judge who is immediately available to preside, and the trial shall resume as soon as possible. An explanatory opinion will follow. Richard A. Posner, Circuit Judge; Ilana Diamond Rovner, Circuit Judge and Diane S. Sykes, Circuit Judge. [3] [6239238] [10-2766]

The Chicago Tribune says:

A three-judge appellate panel ruled in Fitzgerald's favor and allowed the evidence and testimony related to the fingerprints. However, the additional sanction of Holderman by U.S. Circuit Judges Richard Posner, Diane Sykes and Ilana Rovner stunned court watchers. The appellate court overturns rulings of Chicago federal judges all the time, but few could remember the last time a judge was removed in the middle of a trial.

"This is an extraordinary situation; it really is," said Len Cavise, a law professor at DePaul University who is a former criminal defense attorney. "Posner is one of those judges that if something happens procedurally that he doesn't like, he will take action immediately."

Fitzgeralds' office and Judge Holderman apparently have a history of disagreements. The evidence excluded was a piece of adhesive tape with Herrera's fingerprints on it as well as any testimony about that potentially damaging item.

Full post as published by TalkLeft on July 29, 2010 (boomark / email).