U.S. District Court judge dismissed from two trials on same day in New Jersey
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June 18, 2012
Newark, NJ: The U.S. Third Circuit Court of Appeals dismissed federal judge William Martini of the District of New Jersey from two separate cases on Friday, June 15.[1]
The first case was a well-known and long-running trial against Paul Bergrin, a former New Jersey defense attorney charged with multiple offenses including racketeering and murder. An appellate panel in Philadelphia, including judges Julio Fuentes, Brooks Smith, and Kent Jordan, decided that Martini had not been acting in an impartial manner. The Jordan wrote in a court opinion that, "[a]lthough reassignment is an extraordinary remedy that should seldom be employed...we conclude that it is appropriate in this case despite our sincere respect for the district judge who has presided to this point."[2][3][4]
The second case was regarding drug and weapon possession charges against defendant Douglas Kennedy. A seperate appellate panel, including judges Marjorie Rendell, Michael Fisher, Michael Chagares, made similar accusation of a lack of impartiality. Chagares wrote in a court opinion, "[w]hen a judge openly questions the integrity of the Government's evidence collection practices, undermines the professionalism of the prosecutor, and accuses the Government of prosecuting in bad faith — all without evidence of governmental misconduct — a reasonable observer could very well find neutrality wanting in the proceedings." The opinion added, "[o]ther aspects of these proceedings are equally troubling."[1][5]
It is unclear whether the two opinions being issued on the same day was coincidental or not.[1]
The U.S. Third Circuit Court of Appeals opinion by Kent Jordan on the Paul Bergrin case can be found on the Third Circuit's website.
The U.S. Third Circuit Court of Appeals opinion by Michael Chagares on the Douglas Kennedy case can also be found on the Third Circuit's website.
Footnotes
- ↑ 1.0 1.1 1.2 NJ.com, "U.S. Court of Appeals removes federal judge from two cases, including Paul Bergrin's trial," June 15, 2012
- ↑ NorthJersey.com, "Appeals court pulls judge off Bergrin murder case," June 16, 2012 (dead link)
- ↑ The Republic, "Appeals court removes judge from NJ attorney's murder case after government makes bias claim," June 15, 2012
- ↑ United States Court of Appeals For The Third Circuit, Nos. 11-4300/4552, United States of America, Appellant v. Paul W. Bergrin
- ↑ United States Court of Appeals For The Third Circuit, Nos. 11-4300/4552, United States of America, Appellant v. Douglas Kennedy
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