Tuesday, June 20, 2006

Rape Case Dismissed Because Prosecutor Late

Cleveland Law Library Weblog
Judge Eileen Gallagher dismissed a rape case because the prosecutor was 45 minutes late for trial. The prosecutor appeared for trial that morning, and a hearing was held in the judge's chambers. Because the judge ruled the defense attorney could not present certain evidence, the defense attorney decided to switch from a jury trial to a bench trial. The prosecutor asked the judge to recuse herself, due to statements the judge made about the victim's credibility. The judge declined to recuse herself, and ordered the parties to reconvene for trial at 1 p.m. The prosecutor went to his office to prepare a petition to the court of appeals to prevent Judge Gallagher from hearing the case. At 1:45 p.m., the prosecutor was not in court, so the judge dismissed the case.
Frightening. What else can I say?

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posted by Marcella Chester @ 3:19 PM   0 comments links to this post


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