Tensions erupted in a Brevard County courtroom this morning when a judge challenged an assistant public defender to "go out back and I'll just beat your ass."
Public Defender Blaise Trettis said Judge John Murphy grabbed Assistant Public Defender Andrew Weinstock and punched him in the head.
Video of the incident was released today to FLORIDA TODAY.
In the video, Murphy and Weinstock exchange words about a case after Weinstock refuses to waive one clients' right to a speedy trial.
"You want to set it for docket sounding, set it for docket sounding. I'm not waiving in any case. This is an emergency created by the state," the attorney says.
Murphy responds: "You know if I had a rock I would throw it at you right now. Stop pissing me off. Just sit down. I'll take care of it. I don't need your help. Sit down."
"You know what? I'm the public defender I have a right to be here and I have a right to stand and represent my clients."
"I said sit down. If you want to fight lets go out back and I'll just beat your ass."
The men disappear off camera, and loud banging can be heard. Public Defender Blaise Trettis said the men went into a hallway behind the courtroom typically used by judges and jurors.
"The lawyer said as soon as he got in the hallway the judge grabbed him by the collar and began punching him in the head," Trettis said. Trettis said Weinstock tried to stop the blows, and courtroom bailiffs came into the hallway and pulled the two apart.
On the video, while they are off camera, one of the men says: "I'm not kidding. You wanna [expletive] with me?"
The judge returns to the courtroom, but the attorney does not, according to the video. Murphy is out of breath when he retakes his seat.
"I will catch my breath eventually," he says. Those gathered in the courtroom applaud.
Trettis said he met with Weinstock, but he had not seen the courtroom video when he spoke with FLORIDA TODAY Monday evening. He said to his knowledge, criminal charges won't be pursued.
"I hope it's not a reflection on Judge Murphy's really outstanding legal career," Trettis said, adding, "If it's true, you know, I think it's really an uncharacteristic, isolated incident."
Re: Judicial temperamental - emphasis on the "mental"
Posted: Wed Jun 04, 2014 4:43 pm
by Long Run
Do we place this under the category of "What happens when an asshole meets an asshole"? The public defender seemed to be quite the aggravating type in the little snippet, and the bystanders seem to agree when nearly everyone in the court room clapping when the judge gets back. Clearly, though, a judge can be delivering justice to an attorney, at least not in this manner. Off to the usual anger management classes for him. I don't know where you send the public defender to get some good judgment.
Re: Judicial temperamental - emphasis on the "mental"
Posted: Wed Jun 04, 2014 4:53 pm
by Sue U
I don't fault the PD at all. He is there to represent his client, who has a constitutional right to a speedy trial, and he simply would not waive that right. All he did was say to the judge, "What do you want to do? You want to set it for trial, set it for trial. You want to set it for a docket sounding [whatever that is], set it for a docket sounding. But I'm not waiving in any event." Absolutely nothing wrong with that. I didn't see any discourtesy or lack of professionalism at all. The judge just totally went off, because for some reason he seems to think it's his job to make life easy for the prosecution.
Re: Judicial temperamental - emphasis on the "mental"
Posted: Wed Jun 04, 2014 5:07 pm
by Long Run
1. He made his point and the judge told him to shut up and sit down. Most attorneys would have done so, and dealt later in appropriate circles with the judge's possible violation of a speedy trial.
2. When the judge says step outside, the PD steps outside. Again, I don't know a single attorney who would do that and it shows incredibly bad judgment on the part of the PD.
3. Nearly every bystander applauded the judge, so that implies at least that the PD was being a butthead.
I think, as always, the "video" only tells a part of what was going on. (The judge clearly blew it, but the public defender looks to me like he was part of the problem). Be interesting to know the particulars, and how other judges, attorneys view the two. Maybe it was just a bad day for both of them.
Re: Judicial temperamental - emphasis on the "mental"
Posted: Wed Jun 04, 2014 5:17 pm
by Big RR
Sue--I agree with you about the conduct of the PD being justified, but I do think you never are properly defending your client when you try to take the judge on in a fistfight or a verbal battle. State your objection/concerns so the record reflects them and then back off even If the judge is an ass. I recall attending a zoning variance hearing where the chair of the Board cut me off in the middle of my cross examination of an expert; I stated that I would accede to his order, but I did not think it was appropriate to cut off the questioning and sat down. When they took the vote shortly after, the Board unanimously ruled in my client's favor--that might well not have happened if I started a fight.
As for "docket sounding", my guess is that it is the final status conference before trial to make certain everyone is ready.
Re: Judicial temperamental - emphasis on the "mental"
Posted: Wed Jun 04, 2014 5:54 pm
by Sue U
I agree it's not appropriate to take on a judge in a fistfight, but I don't think that's what the PD really expected to happen. I've been a courtroom lawyer for more than 20 years, and I can tell you that judges and lawyers routinely go out into the hallway behind the bench (or into an adjacent jury room or the judge's chambers) to have and resolve an argument that they don't want to do on the record, at sidebar or in the presence of other litigants and counsel. Usually, it's the place to go to cool things down outside the pressure of the courtroom itself, particularly when things are getting heated inside. I can totally see how the PD may have expected to go out in the hall and exchange some frank language with the judge about who's being the asshole in this situation, but never considered that the judge would actually grab him by the collar and start punching him in the head.
Also, I looked up "docket sounding" and it is a term used in Florida pretty much just as you suggest, Big RR.
Re: Judicial temperamental - emphasis on the "mental"
Posted: Wed Jun 04, 2014 7:32 pm
by Big RR
Well sue, it looked to me like the PD was saying to the judge Come on and fight, which is the only thing I criticized. I've seen many discussions off the record, but never one that started with a threat of physical violence.
Re: Judicial temperamental - emphasis on the "mental"
Posted: Wed Jun 04, 2014 8:03 pm
by BoSoxGal
I don't even need to watch the video to know that the Judge should be removed from the bench. A physical attack on an attorney - no matter if he's acting like an asshole - is an outrageous breach of judicial ethics, not to mention basic decency and oh, a violation of the criminal code, too!
It's just lovely that apparently from the description you've all given, the citizens in the courtroom were impressed by, rather than shocked by, this judge's despicable behavior.
This goes into the category of things that further make me sickened by the US injustice system; I can still (barely) recall the stupid girl who went to law school thinking the system was essentially fair and judges were the brightest and wisest, chosen for those very qualities.
Stupid I was, indeed.
Re: Judicial temperamental - emphasis on the "mental"
Posted: Wed Jun 04, 2014 8:28 pm
by Crackpot
florida Nuff said
Re: Judicial temperamental - emphasis on the "mental"
Posted: Wed Jun 04, 2014 9:14 pm
by BoSoxGal
It's not just Florida.
We recently had a District Judge here sentence a 40-something rapist - his victim was his 14 year old student - to 30 days jail (ignoring the 4 year mandatory minimum) because 'it was just as much the victim's fault as her teacher's'.
Yes, that sentence was overturned by our Supreme Court - but not before the story made international news.
Re: Judicial temperamental - emphasis on the "mental"
