{"id":1325,"date":"2011-10-15T19:51:08","date_gmt":"2011-10-15T23:51:08","guid":{"rendered":"http:\/\/www.peoplevstate.com\/?p=1325"},"modified":"2011-11-13T14:44:45","modified_gmt":"2011-11-13T18:44:45","slug":"judge-fed-up-with-lying-prosecutor-faces-jail-for-disrespecting-higher-court","status":"publish","type":"post","link":"https:\/\/www.peoplevstate.com\/?p=1325","title":{"rendered":"Judge fed up with lying prosecutor faces jail for disrespecting higher court."},"content":{"rendered":"

Volokh<\/a> has links to the judge’s offending opinion and the higher court’s contempt finding. A commenter<\/a> writes:<\/p>\n

Before this gets farther, the underlying case was the charge<\/em> of murdering an officer. Subsequent evidence \u2013official police investigation and all witnesses\u2013 state the act was unintentional homicide in the act of self defense. The officer had a history of violence, and first (without provocation or cause) chased one brother down and beat him with an axe-handle. Then the officer went after and started to beat the other brother with the axe-handle; initiating a 5 minute tussle in which the officer\u2019s gun was discharged.<\/p>\n

The trial court Judge\u2019s disrespect was for the prosecutor who made an involuntary manslaughter plea offer, then denied making it. When confronted with an audio tape of the offer, the prosecutor retracted it for voluntary manslaughter. In addition, the prosecutor flouted the court by refusing to attend the plea hearing, etcetera ….There is far more underneath all this \u2013and far more background too\u2013 but the Virgin Islands Daily News has a splendid reporter who gives a great summary<\/a> of this series.<\/p><\/blockquote>\n

The trial judge (Leon Kendall, now retired) issued an order enforcing the original plea agreement (to involuntary manslaughter). The lying prosecutor (Jesse Bethel) filed a writ of mandamus and the higher court granted it, vacating Kendall’s order. The defendants then tried to plea to voluntary manslaughter, but Kendall rejected the plea for lack of a factual basis, and published the “inflammatory” opinion<\/a> that later got him found in contempt by the higher court. A month later, one of the defendants was found shot dead in the street. (Remember, he killed a cop.) His brother stood trial before a different judge and was acquitted of all charges.<\/p>\n

Judge Kendall appears to be one judge who actually deserves to be called “Honorable”:<\/p>\n