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	<title>Probable Cause &#187; sex in court</title>
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	<description>The Legal Blog with the Really Low Standard of Review</description>
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		<title>F**k Justice</title>
		<link>http://www.rhdefense.com/blog/prosecutorial-misconduct/fck-justice/</link>
		<comments>http://www.rhdefense.com/blog/prosecutorial-misconduct/fck-justice/#comments</comments>
		<pubDate>Tue, 23 Feb 2010 20:04:56 +0000</pubDate>
		<dc:creator>Rick</dc:creator>
				<category><![CDATA[Judicial Misconduct]]></category>
		<category><![CDATA[Prosecutorial Misconduct]]></category>
		<category><![CDATA[decision-making]]></category>
		<category><![CDATA[fair trial]]></category>
		<category><![CDATA[fair trials]]></category>
		<category><![CDATA[fairness]]></category>
		<category><![CDATA[fucking the Constitution]]></category>
		<category><![CDATA[justice in America]]></category>
		<category><![CDATA[sex in court]]></category>
		<category><![CDATA[unfairness]]></category>

		<guid isPermaLink="false">http://www.rhdefense.com/blog/?p=1708</guid>
		<description><![CDATA[You&#8217;ll have to forgive my choice of title &#8212; or not, I don&#8217;t really care &#8212; the story that inspired this post makes me angrier than just about anything I&#8217;ve heard recently.  If it makes you feel better, pretend the actual title was &#8220;Ex Parte, In Parte.&#8221; &#8220;Justice&#8221; Thomas &#8212; you know, the dude who [...]]]></description>
			<content:encoded><![CDATA[<p>You&#8217;ll have to forgive my choice of title &#8212; or not, I don&#8217;t really care &#8212; the story that inspired this post makes me angrier than just about anything I&#8217;ve heard recently.  If it makes you feel better, pretend the actual title was &#8220;Ex Parte, In Parte.&#8221;</p>
<p>&#8220;Justice&#8221; Thomas &#8212; you know, the dude who was appointed to the United States Supreme Court notwithstanding <a title="An Outline of the Anita Hill and Clarence Thomas Controversy" href="http://chnm.gmu.edu/courses/122/hill/hillframe.htm" target="_blank">allegations of repeated sexual harassment</a> of a young woman who worked for him when he was a mere judge &#8212; <a title="Justice Thomas Says Critics Shouldn’t Assign ‘Ulterior Motives’ to Judges" href="http://www.abajournal.com/news/article/justice_thomas_says_critics_shouldnt_assign_ulterior_motives_to_judges/" target="_blank">says that criticizing judges</a> decision-making is a bad thing.</p>
<p>&#8220;Justice&#8221; Scalia tells us that we&#8217;ve come a long way, baby, to get where we got to today, where the people involved in capturing and convicting &#8220;criminals&#8221; &#8212; with the average American committing <a title="We're All Felons Now" href="http://reason.com/archives/2009/10/19/were-all-felons-now" target="_blank">three felonies per day,</a> that would be most of us under the new regime &#8212; are <a title="Corrupt Cops and Prosecutors Lose Lawsuit Against John Grisham" href="http://www.crimeandfederalism.com/scalias_new_police_professionalism/" target="_blank">so professional</a> that <a title="Exclusionary rule sends dangerous message" href="http://www.seattlepi.com/opinion/276837_cathyoung09.html" target="_blank">we don&#8217;t need the exclusionary rule</a> anymore.</p>
<p>And Scott Greenfield, a <a title="Guess Who Got Screwed?" href="http://blog.simplejustice.us/2010/02/23/guess-who-got-screwed.aspx" target="_blank">criminal defense attorney in New York,</a> tells us about a case of a judge who was having an extramarital affair with the prosecutor <em>during</em> a murder trial which resulted in &#8212; surprise! &#8212; a conviction.</p>
<p><span id="more-1708"></span>Now, okay, <em>maybe</em> the case would have resulted in a conviction anyway, even if the prosecutor was not screwing the judge.  And maybe the judge wasn&#8217;t screwing the defense just because the prosecutor was screwing her.</p>
<p>Fact is, I don&#8217;t know.</p>
<p>What I do know is that it&#8217;s increasingly hard to imagine how &#8220;Justices&#8221; like Thomas and Scalia make the arguments they make about the professionalism of those involved in our &#8220;modern&#8221; legal system with a straight face.</p>
<p>Even more embarrassing than this, though, as Scott notes, is the attempt of the Texas Court of Criminal Appeals to whitewash &#8212; Scott&#8217;s term, but one which seems indisputable &#8212; the behavior of the judge f**cking the prosecutor and attempting to argue that the accused man convicted during that trial was f**cked because he didn&#8217;t learn about the affair fast enough.</p>
<p>As Scott quotes the appellate judges &#8212; who &#8220;conceded that the phrase [intimate sexual relationship] was &#8216;literally true&#8217;&#8221; &#8212; this illicit act of adultery between a judge and prosecutor <em>during</em> a trial is no big deal.</p>
<blockquote><p>“Theirs was hardly the torrid relationship of romance novels,” Judge Cochran clarified. It was, rather, “a close personal relationship that, on a few rare occasions, dipped into intimacy.”</p></blockquote>
<p>Yes, no big deal.  The prosecutor dipped his penis into the judge.  Their relationship thereby dipped into intimacy.  But the conviction was, fortunately, not even dipped into the well of apparent unfairness.</p>
<p>For her part, rather than be ashamed of what she&#8217;s done, the judge has asked the attorney general&#8217;s office to help her fight back.  (Why not?  Maybe he can get some lovin&#8217;, too!)</p>
<blockquote><p>She was “tired of laying over,” she said, and “getting licked without any input.”  (Adam Liptak, <a title="Questions of an Affair Tainting a Trial" href="http://www.nytimes.com/2010/02/23/us/23bar.html" target="_blank">&#8220;Questions of an Affair Tainting a Trial&#8221;</a> (February 22, 2010) The New York Times.)</p></blockquote>
<p>Okay.  That&#8217;s just <em>too</em> easy.  I&#8217;m not going to go there.  I&#8217;m tempted.  But I won&#8217;t.</p>
<p>Perhaps <em>this</em> is why &#8220;Justice&#8221; Thomas doesn&#8217;t want the rest of us looking too closely into the decision-making processes of judges.</p>
<p>I tell you, it&#8217;s like they don&#8217;t even <em>try</em> anymore.</p>
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