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Thread ID: 3740 | Posts: 3 | Started: 2002-11-28
2002-11-28 23:33 | User Profile
Lopez defends ruling in child rape-try trial
by Tom Farmer Tuesday, November 26, 2002
Embattled Superior Court Judge Maria I. Lopez completed her testimony in a hearing accusing her of judicial misconduct and continued yesterday to defend her actions in the case of a transsexual man who pleaded guilty to kidnapping an 11-year-old boy and trying to rape him while pressing a screwdriver against his neck.
Lopez told her attorney, Richard Egbert, she never considered sending Charles ``Ebony'' Horton to prison despite heavy media presence in the courtroom Sept. 6, 2000, when she sentenced Horton to five years of probation.
``It certainly would have played better in Peoria,'' Lopez responded when Egbert asked her if it would have been easier to send Horton to jail.
``I didn't think (jail time) was a fair sentence. I made the sentence based on the facts in front of me.''
Lopez is accused by the state Commission on Judicial Conduct of favoring Horton over Suffolk County prosecutors Leora Joseph and David Deakin, who Lopez berated from the bench, sparking a public outcry for Lopez's removal.
The 48-year-old Cuban-born judge is also accused of making misleading comments about the case, encouraging others to conduct a whispering campaign in support of her, and failing to be patient, dignified and courteous on the bench.
Lopez's testimony ended her four days on the witness stand answering questions from Egbert and commission attorney Paul Ware.
A smartly dressed Lopez conceded she acted inappropriately toward Deakin and regrets using the term ``low level'' with the prosecutor when asking what the proper sentence for Horton should be.
Lopez said she was not talking about the criminal act when she used the term but rather what the sentence should be.
``Other than the fact you yelled at Mr. Deakin and used a poor choice of words. . . do you believe you acted appropriately?'' Egbert asked.
Absolutely,'' Lopez responded.I believe I acted appropriately.''
According to a transcript of the exchange, Lopez said to Deakin, ``In the scale of cases that charge sexual assault of children, this is on a very low level.''
Ware questioned Lopez extensively on a pre-sentencing report submitted by Joan R. Katz, director of social services for the Committee of Public Counsel Services, which concluded Horton was unlikely to repeat the behavior that brought her here'' and thatfurther incarceration will be a disaster for Ebony and place her at considerable risk. I do not believe she will survive imprisonment.''
CPCS provides state-funded attorneys for defendants who cannot afford lawyers.
Lopez said after reading the report, she concluded Horton suffered from sexual identity disorder and gender identity disorder, although Katz never used the terms nor outlined the facts of the allegations.
``You can't even tell if this clinician is aware of what Horton is charged with?'' Ware asked.
``Yes,'' Lopez responded.
But Lopez told Egbert on re-examination that the prosecution never challenged the report, nor did it attempt to have Horton evaluated by its own medical expert.
Lopez also rejected Ware's suggestion that Horton was a ``predatory pedophile,'' noting prosecutors never filed a petition for a dangerousness hearing that would have kept Horton locked up without bail while awaiting trial.
The hearing was continued to Monday.
Retired Housing Court Chief Justice E. George Daher is presiding over the hearing and has 30 days after its completion to issue written findings of fact to the commission and recommend sanctions.
url: [url=http://www2.bostonherald.com/news/local_regional/lope11262002.htm]http://www2.bostonherald.com/news/local_re...ope11262002.htm[/url]
2002-11-29 20:15 | User Profile
According to a transcript of the exchange, Lopez said to Deakin, ``In the scale of cases that charge sexual assault of children, this is on a very low level.''
Indeed, it is. And we can thank judges like this devil who dont punish criminals, and her people who are inclined to such rotten acts.
2002-11-29 20:53 | User Profile
Living in Los Angeles, one hears constantly of sexual assualts on children perpetrated by latrinos. Constantly. Incest seems to be the norm amongst the hispanic population along with this never ending stream of child rapes by homo and hetero latrino predators. This judge may be Cuban, but her ideas would seem to fit the views and mores of the Mexicans, Salvadorans, Domincans, etc. in la-la land. Must be a latin thing.
If the perp had been white rather than a boon, she probably would have sent him packing.
Hey, has anyone else noticed the high level of transvestites and transexuals amongst the black and hispanic populations?