Wednesday, July 01, 2015

Hater of a Judge

Anyone from the media actually go sit in a courtroom any more?
  • Today in the courtroom of judge Clarence Burch, room 303, branch 46, the police lost a case where the defendant battered and resisted officers and lied repeatedly, under oath, was impeached, and found not guilty.

    The defendant arrived 45 minutes late to court and had a 'witness' with him that was not even on the scene and also lied, in fact, according to the state, the lies didn't even match up. The entire story told by both was false. The judge conducted a bench trial that lasted for over an hour and then immediately came to the shocking conclusion of NOT guilty. The judge would not answer any questions and immediately left the court room.

    Officers were told by States Attorneys that the judge, due to the current political climate, referencing Ferguson and Baltimore, will NOT find in favor of the police in assault, battery or resisting cases. Good luck out there, as if the deck wasn't already stacked against us...
Makes you just want to go out and fight for Truth, Justice and the American Way, doesn't it?

Labels: ,

82 Comments:

Anonymous Retired-On-Duty said...

So what is the lesson here boys and girls?

7/01/2015 12:43:00 AM  
Anonymous Anonymous said...

The Justice System is supposed to search for truth, but this judge is not doing that. That is a perversion of the justice system, something he is sworn to protect. I hope something is done about this judge.

7/01/2015 12:46:00 AM  
Anonymous Anonymous said...

Fuck You Burch!!!!!!!!!!!!!!!!

7/01/2015 12:52:00 AM  
Anonymous Anonymous said...

It has to get worse before it gets better.

Don't hang yourselves out there, you'll just get cut off.

7/01/2015 01:00:00 AM  
Anonymous Anonymous said...

a wise person would look at the situation on going with society, and adjust... just the way I see it. Society is always going to win this argument--- this case is obviously pointing this out.

to all the knucklehead cops out there... keep doing what your doing, being a knucklehead

7/01/2015 01:05:00 AM  
Anonymous Anonymous said...

Well shit then...

At least the judge is honest and upfront
about being a hater unlike the other so
called officers of the Cook County
court system who put on a front...

"What's wrong with you cops?
Why are you so angry and full
of hatred? Aren't there rules
Against you being that way?
Stop it. It fucks up our mental
image of humble, public servants
who know their place and stay in it
regardless of the outrages we
demand they have to endure."

>Snark & Sarcasm<

Police like you have no friends.

7/01/2015 01:06:00 AM  
Anonymous Anonymous said...

Is this the same Clarence Burch who defended Juan Luna in the Brown's Chicken murders? Sickening.

7/01/2015 01:39:00 AM  
Anonymous Anonymous said...

He is also proud of his work defending murderers. From the Burch & Associates website:

"The firm always focused on litigation with Hon. Clarence L. Burch spending more than 27 years of practice in the area of complex criminal litigation.

***Attorney Clarence Burch successfully tried numerous of death penalty cases, having had clients found not guilty and no client’s sentenced to death. In 2007, he was the lead attorney of the Brown’s Chicken Murder trial where he successfully spared his client’s life--the death penalty was not imposed.***"

7/01/2015 01:42:00 AM  
Anonymous Paul Kersey said...

Reading this shocks me. It shocks me because if there is no justice for police - there will be no justice for the average person who becomes a victim.

Does this mean that the only justice will be out in the streets?

Everyone better start carrying - if they want to just survive.

7/01/2015 01:49:00 AM  
Anonymous Anonymous said...

Will Rahm or Garry complain?

7/01/2015 01:59:00 AM  
Anonymous Anonymous said...

He's taking care of his own people or its possible he got paid off.

7/01/2015 02:49:00 AM  
Anonymous Anonymous said...

Hate to say this but it just makes you want to do nothing on this job but just answer your calls and go home to your family.

7/01/2015 03:07:00 AM  
Anonymous Anonymous said...

Is judge burch a full [elected] judge or an associate [appointed] judge? If he is an elected judge - he should receive the same treatment as former judge passarella. VOTE HIM OUT OF OFFICE when he comes up for retention.

Hey Deano - why not at least get active on this issue since you think FOP should be politically active??

7/01/2015 03:09:00 AM  
Anonymous Anonymous said...

Sadly, obviously, it was because the Judge was paid off, the "Chicago-Cook County way", no surprise to me. Experienced it too many times. People who point guns at cops, resist, and batter them have increasingly received I-bonds and released hours after their arrest while the arresting officers are still receiving treatment. No one cares. Its the new America. Morality, Justice and Respect are a thing of the past. Retire as soon as humanly possible before the department and public hunts you down to suspend, terminate, or ruin you mentally.

7/01/2015 03:59:00 AM  
Anonymous Anonymous said...

Office of the Chief Judge
Circuit Court of Cook County 
50 West Washington Street, Room 2600
Richard J. Daley Center
Chicago, IL 60602 
(312)603-6000 MAIN OFFICE
This is the office of Chief Judge Timothy C Evans. Everyone involved in that case must contact his office and bring up the B.S. this judge in room 303 is pulling. Also the officers can always request an appeal.

7/01/2015 04:28:00 AM  
Anonymous Anonymous said...

Dear SCC,
This is a great ruling! This judge is truly a champion of the people.

Sincerely,
The honorable Judge Evelyn Clay

7/01/2015 04:43:00 AM  
Anonymous Anonymous said...

Happy Anniversary 85-4, our 30th anniversary. It goes by very fast. For those of you out there, stay safe. Don't let these rotten scum out there ruin your life. These judges and politicians will get theirs some day, maybe not until the next life. Remember evil that you're fighting is all around you. It's not just the criminals. It's the media, politicians, so called clergy, possibly even your co-workers, and all the idiotic citizenry that have been brainwashed by the aforementioned. You have battles everywhere. It has been a horrible week in Illinois for law enforcement. There is no longer any justice in this country. Citizens don't even realize that they are next to suffer from the scales of injustice! Police are always the first line of defense. There are no more rules for our leaders. They make their own laws based on their own prejudices. This judge should be removed from the bench and be disbarred. God Bless you all and may St. Michael watch over you.

Retired

7/01/2015 05:11:00 AM  
Anonymous Anonymous said...

PO is filing a federal lawsuit against an 018th district supervisor for racial discrimination and harassment. This will really open up everyone's eyes as to what is going on in 018. Clout supervisors can't harass POs without repercussions! Lots of money will be lost on this one.

7/01/2015 05:14:00 AM  
Anonymous Anonymous said...

Who is his political sponsor? Another political hack!

7/01/2015 05:24:00 AM  
Blogger The Keesing Bandit said...

His distant cousin, John Birch, would not be happy.

Now, kees me you fool!!!!

7/01/2015 05:50:00 AM  
Anonymous Anonymous said...

From his firm's website: The firm always focused on litigation with Hon. Clarence L. Burch spending more than 27 years of practice in the area of complex criminal litigation. Attorney Clarence Burch successfully tried numerous of death penalty cases, having had clients found not guilty and no client’s sentenced to death. In 2007, he was the lead attorney of the Brown’s Chicken Murder trial where he successfully spared his client’s life--the death penalty was not imposed.
He was the lead lawyer for the Brown's Chicken murder. No wonder he finds in the defendant's favor.
The online article below calls him "a danger to society"
https://preacher1002.wordpress.com/2010/01/12/defense-attorney-for-browns-chicken-murderer-is-now-a-judge/

7/01/2015 05:58:00 AM  
Blogger Cuthbert J. Twillie said...

WTF?!?..over????

7/01/2015 06:08:00 AM  
Anonymous Anonymous said...

Judge Burch was a defense attorney before he became a judge and represented some of the worst scumbags ever. He never believes the testimony of police officers.

7/01/2015 06:15:00 AM  
Anonymous Anonymous said...

We have nobody to blame for this but ourselves and the FOP. Federal appointment to the Bench is for life, and the same applies to Cook County. Once a judge is elected in Cook County he has a job for life, because there is nobody to stand-up to an Alderman Burke appointment. Burke anoints candidates who are loser attorneys; attorneys who cannot make it in the Private Sector. Once Burke gives them the nod, they are on the Democrat Ticket, which means they have the job. Time and time again, these arrogant, incompetent attorneys, bring out their hatred of police in rendering decisions that would be comical, were it not for the fact that people will suffer because of them. Why is FOP not listing incompetent judges for defeat in the next election? Decades ago, the FOP mobilized enough to remove a judge who set a felon free after that felon beat a female cop so severely she required facial reconstruction. Police officers and their families unified were able to remove that judge. Why can't we do that now? "G"

7/01/2015 06:30:00 AM  
Anonymous Anonymous said...

Will this make us learn?

7/01/2015 06:44:00 AM  
Anonymous Anonymous said...

That's great, "your honor". Continue to base your decisions on completely contrived left-wing propaganda and you'll ride that bench all the way to SCOTUS!

7/01/2015 06:48:00 AM  
Anonymous Anonymous said...

Glad I don't go to Br. 46, I would seriously rethink my at work decisions if I did. Now watch the officers get sued or false arrest and violating civil rights. Happened to me recently, because the the arresting officer missed court. Sad part is the ASA did not notify (supeona) after the first arresting officer showed for initial P.C. date. Kicker, ASA that did not notify the first arresting officer is now a judge!

7/01/2015 06:52:00 AM  
Anonymous Anonymous said...

Another reason to just get your check, in the ghetto why bother? Crook county where there is no law! Corrupt judges, pathetic! Here's your paper see ya later! He only color that matters is BLUE! Protect each other, protect police families sorry we don't want to be battered, hurt,lose our freedom,pension,family, for some thug,then be told by some pos judge the thug is not guilty!

7/01/2015 06:53:00 AM  
Anonymous Anonymous said...

This is just getting fucking ridiculous!!! I've been burned by the city not once but twice I will NEVER be proactive again! You go out there risk your life for a society that doesn't give a fuck about you

7/01/2015 07:00:00 AM  
Anonymous Anonymous said...

So go to work and be a punching bag, eh?

7/01/2015 07:02:00 AM  
Anonymous Anonymous said...

How much did the judge get paid?

7/01/2015 07:06:00 AM  
Anonymous Anonymous said...

Judges are virtually untouchable.

7/01/2015 07:08:00 AM  
Anonymous Anonymous said...

I have been thinking for a while that we should pick one of the worst judges and focus on him or her in the next election. As we all know our "elected" judges get elected no matter what. How about focusing on the worst one, one who let an obvious criminal free and who went out and surprise surprise did something even worse. Lets highlight what happened to the new victim and how it could have been prevented if only Idiot judge X wasn't on the bench. Is this judge the guy?

7/01/2015 07:35:00 AM  
Anonymous Anonymous said...

Reminds me of a time, I along with two other POs, making a dope arrest from a undercover buy, executing arrest, 12 boys exited a building and the fight was on !! Our shirts ripped, scratched, punched and kicked, a GOOD OL BRAWL ! Offenders that we held onto taken into custody,( then to the hospital) were tried and found NOT GUILTY for battery to PO and resisting. Some things never change, get used to it in this county.

7/01/2015 07:56:00 AM  
Anonymous Anonymous said...

sounds like it's time to order the transcript and see. Burch usually finds defendant's guilty in these types of cases ...

7/01/2015 07:57:00 AM  
Anonymous Anonymous said...

Just another reason to go out and do nothing. Handle the jobs and go home safe.

7/01/2015 07:59:00 AM  
Anonymous Anonymous said...

State just going to let it go and that's it? Involve the media and presiding judge. wTF

7/01/2015 08:15:00 AM  
Blogger Rob Crawford said...

Name the judge, start a campaign to impeach it.

7/01/2015 08:25:00 AM  
Anonymous Anonymous said...

Where is Anita Alvarez? Lisa Madigan, Ed Burke (creator of judges). Chief Judge Timothy Evans? Rahm Emanuel, McArthey, the FOP
Northwestern Law School, Bernadine Dohrn? Man all of the stewards of the criminal justice system standing by while a racist judge tramples the law?
Will Lisa indict the court liers ? No way there are fellow minorities? Democrates!

7/01/2015 08:32:00 AM  
Anonymous Anonymous said...

That's a shame. Burch always seemed like a stand up guy when he was in branch 43. I guess he's been watching too much cnn.

7/01/2015 08:46:00 AM  
Anonymous Anonymous said...

Anyone who's still doing proactive police work in this country is softer than baby shit.

7/01/2015 09:13:00 AM  
Anonymous Anonymous said...

SCC you should do a google search of the dishonorable judge; you can see the way he sees things and obviously hates and/or distrusts the police. What a joke the entire cook county system is.

7/01/2015 09:15:00 AM  
Anonymous Anonymous said...

Shit burch has been finding for the defense long before ferguson and Baltimore. When he was in branch 43 any case that went to bench trial got found not guilty. His son is a defense attorney he is a former defense attorney, which really means nothing because there are some great fair judges who were defense attorneys.

Although it is suprising that he allowed the defendant to arrive 45 minutes late and not issue a warrant. At branch 46 within the last few months I had one case there for an agg assault to po. I arrived in the courtroom 5 minutes late after looking for parking and signing in took longer than anticipated. The state walks over a few minutes late and asks what case I was here for and then tells me that case was dismissed because I was late. The state seemed displeased while telling me this as it seemed par for the course.

After reading this story it sounds like there is a double standard in judge burchs room. A judge is supposed to be fair and impartial and not allow personal feelings get in the way of the facts of the case. Oh fuck it who am I kidding its cook county.

7/01/2015 09:22:00 AM  
Anonymous Anonymous said...

I once lost a felony DUI trial when the defendant had his grandmother testify that he was never in the car; that he was standing on the street drunk when the the police just pulled up and picked him out of the crowd at random, charged him with DUI, and impounded his car for no reason. Because that's a plausible story. Court is a fucking circus. You just need to invent a story with no proof, throw a couple racism allegations in, and not guilty. I should have been a criminal. Crime pays in cook county if you know how to game the system.

7/01/2015 09:25:00 AM  
Anonymous Anonymous said...

Where is the Chief Judge in all this, or is he hiding?

7/01/2015 09:31:00 AM  
Anonymous Anonymous said...

THIS A**HOLE IS ELECTED--LET'S NOT FORGET!
What does Ferguson, Baltimore, etc. have to do with anything in his courtroom (actually our courtroom that we allow him to work in)? He's bottom-feeding for votes from you-know-who.

7/01/2015 09:31:00 AM  
Anonymous Anonymous said...

He's biased, prejudiced, and afraid of his own shadow!

7/01/2015 09:32:00 AM  
Anonymous Anonymous said...

I hope the verdict is being appealed. Also, file charges against the witness for perjury.

7/01/2015 09:44:00 AM  
Anonymous Anonymous said...

Look for the lawsuit to follow! Several of us are being sued right now for very similar stories. Positive legal search warrant, offender who is a gang member and convicted felon on scene, illegal contraband including guns recovered, Offender admits to ownership after Mirandized and judge finds not guilty!!!! WTF? Now we're being sued. I've talked to people all over the city and this is consistently happening. Policing is over in America!

7/01/2015 10:27:00 AM  
Anonymous Anonymous said...

This is a PrickWrinkle-Alvarez precedence, keep the brown out of jail.
They're just not worth getting hurt for.
Police are now punching bags. Just answer your calls, safely get thru the day and aim for the 1st & 16th.
For a glimpse at one reporter that sat in on Burch, (then ask is it worth it) read:
http://chicagoreporter.com/charges-dismissed/

7/01/2015 10:27:00 AM  
Anonymous Anonymous said...

Name of the weak cowardly Judge and the scared of his/her shadow ASA pls.

7/01/2015 10:32:00 AM  
Anonymous Anonymous said...

Was the defense attorney from his firm? http://www.burchandassociates.net

7/01/2015 10:39:00 AM  
Anonymous Anonymous said...

What fucking purpose do judges serve, then? May as well just pick someone from the Trib or off the fucking street to lick their finger, stick it in the air, and rule based on the winds of the day.

Name of the judge?

7/01/2015 11:11:00 AM  
Anonymous Anonymous said...

Made at least 8 battery to po arrests since 1995. Was told back then police needed a hospital er admission to get a conviction. True, you always needed to hurt to get anything.

7/01/2015 11:12:00 AM  
Anonymous Anonymous said...

This phony needs to be removed Tim Evans another 1 to the corner street wise seller in training!

7/01/2015 11:41:00 AM  
Anonymous Anonymous said...

The entire Cook County is a sinking ship. You are getting what you asked for liberals, enjoy it. I'll be looking from afar in Phoenix as soon as I can escape occupied Chicago.

7/01/2015 12:52:00 PM  
Anonymous Anonymous said...

Federal lawsuit to follow in short order. False arrest and malicious prosecution. The exact same scenario happened to me.

7/01/2015 01:32:00 PM  
Anonymous Anonymous said...

Protect your own (people, neighborhood, property, etc.) and let them fend for themselves.

7/01/2015 02:44:00 PM  
Anonymous Anonymous said...

What are we going to do to the JUDGE? Are we going to let him get away with it?

7/01/2015 04:05:00 PM  
Anonymous Anonymous said...

That's why if an offender is fighting with you, he better get his ass kicked enough to spend a few days in the hospital. At least when they cut him you will have at least got street justice.

7/01/2015 04:14:00 PM  
Anonymous Anonymous said...

As an attorney, let me state that this judge needs to be reported to the Illinois Judicial Inquiry Board. I would do so myself, but I have no connection to the case. But some one connected to the case should do so.

He is a disgrace to the judiciary and the legal community.

7/01/2015 05:22:00 PM  
Anonymous Anonymous said...

Guess if a pos hits a cop better make sure he learns not to do it again right there instead of in court.

7/01/2015 05:30:00 PM  
Anonymous Anonymous said...

What would you expect from a former defense attorney?

7/01/2015 05:56:00 PM  
Anonymous Anonymous said...

Disgraceful. Wonder what the good citizens of Chi will say when they see the new revised Baltimore PD style tactics that are to be deployed here?

7/01/2015 06:03:00 PM  
Anonymous Anonymous said...

Anonymous Anonymous said...
He's taking care of his own people or its possible he got paid off.

7/01/2015 02:49:00 AM

Or both. If dey be willing to buy lunch who am I to refuse.

7/01/2015 08:22:00 PM  
Anonymous Anonymous said...

Anonymous said...

Office of the Chief Judge
Circuit Court of Cook County
50 West Washington Street, Room 2600
Richard J. Daley Center
Chicago, IL 60602
(312)603-6000 MAIN OFFICE
This is the office of Chief Judge Timothy C Evans. Everyone involved in that case must contact his office and bring up the B.S. this judge in room 303 is pulling. Also the officers can always request an appeal.

7/01/2015 04:28:00 AM

Oh goodie, a lot good that will do. Are you fucking kidding me! The chief judge Evans is a very liberal black judge. He doesn't give a shit.

7/01/2015 08:31:00 PM  
Anonymous Anonymous said...

Maybe the judge threw the case out so his friends can make money
representing the shitheads in question when they sue the arresting
officers for false arrest and pursue the usual federal civil rights
law suit...

Remember.
The Feds said The Police were to blame for Ferguson and everything afterwards.

Heh...
Policemen can't even take refuge in the law by doing their job by the numbers.

The REAL danger of a Progressive Alinskite/Activist judiciary in a democrat
controlled urban center.

Policing is dead.
Every man for himself and according to what his conscience
can bear.

The Police are the enemy...
Viva Hate.

7/01/2015 09:26:00 PM  
Anonymous Anonymous said...

For the judge not to explain his reasoning is bush league. A good judge will tell you why. An even better one will call you aside and tell you how to avoid the problem the next time.

Best advice from a judge: On how to know what the smell of burning marijuana is like--take some that came back from the lab and is going to be destroyed and burn it at roll call. Maybe that's why so many guys took an early lunch.

7/01/2015 09:40:00 PM  
Anonymous Anonymous said...

Anonymous Anonymous said...
Is this the same Clarence Burch who defended Juan Luna in the Brown's Chicken murders? Sickening.

7/01/2015 01:39:00 AM


Yes.

7/01/2015 10:48:00 PM  
Anonymous Anonymous said...

That's why if an offender is fighting with you, he better get his ass kicked enough to spend a few days in the hospital. At least when they cut him you will have at least got street justice.

And that's how cops end up in prison. Wake up. You'd go to the federal penitentiary just because you wanted to give a guy who fought with you an ass kicking? Really? They'll put you away for 40 years if you do that.

Don't do anything unless you are required by law or general orders to do so.

7/02/2015 12:26:00 AM  
Anonymous Anonymous said...

Look for the lawsuit to follow! Several of us are being sued right now for very similar stories. Positive legal search warrant, offender who is a gang member and convicted felon on scene, illegal contraband including guns recovered, Offender admits to ownership after Mirandized and judge finds not guilty!!!! WTF? Now we're being sued. I've talked to people all over the city and this is consistently happening. Policing is over in America!

Its been going on for years! They're all in on it but the cops. The judge and the attorneys involved are passing money around like there's no tomorrow. They all know each other and they all do favors for each other and they all get rich off this shit. So I don't have a clue why any cop would make a stop on anybody. All you're doing by locking these people up are making these judges and suing attorneys rich.

7/02/2015 12:33:00 AM  
Anonymous Anonymous said...

As an attorney, let me state that this judge needs to be reported to the Illinois Judicial Inquiry Board. I would do so myself, but I have no connection to the case. But some one connected to the case should do so.

He is a disgrace to the judiciary and the legal community.

7/01/2015 05:22:00 PM

- - - - -

This commenter is correct. Judge Burch's behavior in this instance should be reported by someone associated with this case, and his ruling should be appealed by Anita Alvarez's office. The Judicial Inquiry Board's website is illinois.gov/jib

7/02/2015 01:53:00 AM  
Anonymous Anonymous said...


Pursuant to Article VI, Section 15 (c) of the Constitution, the Judicial Inquiry Board is authorized to receive, initiate, and investigate complaints concerning active Illinois state court judges. Additionally, when warranted, it is the responsibility of the Judicial Inquiry Board to file a public complaint against a judge with the Courts Commission. The Constitution mandates that all proceedings of the Judicial Inquiry Board shall be confidential except the filing of a complaint with the Courts Commission.

Pursuant to Article VI, Section 15 (e) of the Constitution, the Courts Commission hears complaints filed by the Judicial Inquiry Board. After notice and public hearing, the Courts Commission is authorized to remove from office, suspend without pay, censure or reprimand a judge for willful misconduct in office, persistent failure to perform his or her duties, or other conduct that is prejudicial to the administration of justice or that brings the judicial office into disrepute; or to suspend, with or without pay, or retire a judge who is physically or mentally unable to perform his or her duties. The penalty assessed by the Courts Commission lies solely within its discretion and is final.

100 West Randolph Street
Suite14-500
Chicago, IL 60601
312 814-5554
800 227-9429
TDD 312 814-1881
FAX 312 814-5719

7/02/2015 04:23:00 AM  
Anonymous Anonymous said...

You all voted for these Democrat-Communist Judges, so now, Embrace the Suck, Democommiecrats.

7/02/2015 08:48:00 AM  
Anonymous Anonymous said...

Anonymous said...
I hope the verdict is being appealed. Also, file charges against the witness for perjury.

7/01/2015 09:44:00 AM


Good grief, don't you know by now that the State can't appeal a conviction?? Only the defendant can appeal when he's found guilty.

7/02/2015 10:14:00 AM  
Anonymous Anonymous said...

This judge needs to be reported to the Illinois Judicial Inquiry Board, asap:

http://www.illinois.gov/jib/Pages/Code.aspx

If the judge cannot be fair and impartial, he should have recused himself from this case and from the bench. Hopefully, the SUN-TIMES and TRIBUNE will do an expose' on this judge and voters (us included) can vote not to retain this sorry excuse for a judge.

7/02/2015 11:40:00 AM  
Anonymous Anonymous said...

." I'll be looking from afar in Phoenix as soon as I can escape occupied Chicago."

By the time I get to Phoenix, she'll be waiting....

7/02/2015 11:43:00 AM  
Anonymous Anonymous said...

Fuck u judge. Price of shit. There are bitches and haters on bench as well as everywhere else. Punk ass

7/02/2015 12:26:00 PM  
Anonymous Anonymous said...

His son was wanted on a robbery warrant years ago, I believe the newspapers had an article about him and about his son being wanted for robbery.

7/02/2015 01:41:00 PM  
Anonymous Anonymous said...

This is why when judge retention is on the ballot, I vote straight "NO".

F#ck 'em all.

7/02/2015 11:44:00 PM  
Anonymous Anonymous said...

From SCOTUS down to the local level, it looks like we no longer live in a nation of laws. I feel for you LEOs who are expected to enforce something that isn't respected by the judiciary.

7/03/2015 08:17:00 PM  
Anonymous Anonymous said...

For many reasons I was disappointed to read this, especially as a judge (suburban) who was a cop probably before many of you were born (think 1970's). SCC is one of the best places to read up on what's really happening in the city.

Obviously I can't speak about the case or the particular judge. I wasn't there and can only speak for myself. But I know when I was a cop I didn't like having one of my cases tossed and as a judge I don't relish tossing cases. But "in my day" if a judge tossed something I was usually able to learn because the judges often would explain why they tossed the case or suppressed evidence. I try to do that (and I have to admit I don't like it when a few officers have bolted for the door and didn't bother to listen) because I think the community is better served not just by judges explaining why they made a particular decision but also because it helps cops become better officers. I believe it's my duty to do that.

Most cops try hard to do the right thing and seldom get the luxury of taking time to make critical decisions. Sometimes an arrest was perfectly lawful because there was probable cause but in the end there wasn't enough evidence to bring it home. Recently I tossed a case because a critical piece of evidence was inadvertently destroyed. That doesn't necessarily mean the arresting officer made the wrong call. Sometimes a technical interpretation of law can turn things around as well. I had a suppression hearing a few months ago where I found that the stop was lawful but under some unusual circumstances the continued detention wasn't. The community has a strong interest in good law enforcement and in my view as a judge I have the duty to explain my actions. Again, I can't speak for anyone else but if I toss out a case or evidence, you'd definitely know why.

Keep the powder dry.

7/06/2015 12:42:00 AM  

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