LexPress: Insult Maker, Sentence Breaker
By Jesse Sunenblick and Heidi Bruggink
jsunenblick@judicialstudies.com
hbruggink@judicialstudies.com
Posted: 09-28-07
A Bronx Family Court judge with a history of intemperance agrees to step down in return for not being investigated by the State Commission on Judicial Conduct. In other news, the Second Circuit for the third time removes a Western District judge for blatantly defying sentence guidelines, and Mayor Bloomberg's old company gets sapped with a suit by the feds.
SHE BELONGS ON TV
New York City Family Court Judge Marian Shelton, who called a man a “pig” and who displayed a penchant for other intemperate acts including the handcuffing of her own clerk's spouse, has agreed to step down at the end of the year, thanks to an investigation by the State Commission on Judicial Conduct. Go to our story on the matter.
HE'S HIS OWN BOSS
Elsewhere on the problematic judge beat, The New York Law Journal reports that the U.S. Court of Appeals for the Second Circuit has called out a judge’s “pattern of behavior” in ignoring sentencing guidelines. For the third time in two years, the court removed him from a case for that reason, calling the decision “self evident.” Instead of sentencing Donald “Ducky” Benjamin and his brother Neal, who were found guilty of running a drug ring in Olean, New York, to 240 years and 40 years respectively, 90-year-old Western District Judge John T. Elfvin gave Donald 30 years and Neal 20 years, offering “no coherent explanations for these departures.” Said Neal Benjamin's attorney, John Lavin, “Judge Elfvin has on a couple of occasions been his own boss, and I believe the Second Circuit doesn't want him to be that. He's a maverick judge, and I mean that with the best intentions.” Elfvin assumed senior status in 1987. -J.S.
WHO TOLD YOU THAT?
Southern District Judge Alvin Hellerstein has ordered ABC News reporter Brian Ross to disclose the identities of the government sources he used in reporting about the anthrax letter attacks of 2001, reports The New York Sun. This would make Ross the sixth reporter to give up sources since former Army scientist, Steven Hatfill, whom the government named as a “person of interest” in the investigation into the mailings but who was never charged, sued the federal government for invading his privacy. “We believe firmly in honoring promises of confidentiality to our sources, and we are guided by that principle in this case,” said Jeffrey Schneider, a spokesman for ABC News, declining to say if ABC would appeal the order. -J.S.
THOSE WERE PIGS, NOT FALLOW DEER
The Greater Binghamton Press & Sun Bulletin reports on the latest developments in the Calvin Harris murder case. Harris’s June 7th conviction for killing his wife was thrown into doubt when a witness, Kevin Tubbs, stepped forward and said he had seen Michelle Harris alive after her alleged murder took place. Broome County Judge Martin E. Smith is now weighing whether to give Harris a new trial. Meanwhile, Tioga County District Attorney Gerald A. Keene says he has evidence that Tubbs may have manufactured elements of his story: Keene says that Tubbs was hauling pigs, not fallow deer, on September 11, 2001, the day of Michelle’s disappearance, and that Tubbs arrived at a deer farm at 7 a.m. that morning and not sometime after 8:40 a.m. to pick up the animals. “If the witness was mistaken about whether he was hauling deer or pigs on Sept. 11, 2001, he could also be mistaken about the date when he made the observations about which he testified,” Keene said in court documents. -J.S.
BLOOMBERG COMPANY FACES DISCRIMINATION SUIT
New York City Mayor (and rumored Presidential wannabe) Michael Bloomberg is facing some bad PR: NY1 reports that the mayor’s old company, Bloomberg LP, faces a discrimination suit from the Equal Employment Opportunity Commission for its “pattern of discrimination against pregnant women or new moms.” Two ex-Bloomberg employees claim that after announcing their pregnancies, they were subject to demotions, lower pay, reduced bonuses, exclusion from meetings, and comments such as "You are not committed” and "You don't want to be here." The mayor is not named in the suit, which alleges misconduct after he was sworn in; he said, "You'll have to talk to Bloomberg, LP… I haven't worked there, as you know, in an awful long time." However, it may not be that easy for the mayor to avoid repercussions: NY1 said that “legal documents, not yet public, could spell out abuse when he headed the firm. A 2000 sexual harassment lawsuit he settled accused him of bawdy behavior, including a comment that a woman he learned was pregnant should kill her child.” As for the company, a spokeperson denied the allegations and said it “intends to defend the case vigorously." -H.B.

