FWIW, I've had to stop thinking about the sentencing and what Judge Randolph permitted to happen at sentencing in terms of putting Victims Rights on the same plane at Convicted Defendants Rights as it is simply enraging on behalf of victims and the jury imo. Truly an 'Only in CT' moment which imo was absolutely disgraceful to have been allowed to happen the way it did.
For those true gluttons for punishment here is the 2002 Practice Book and the "Code of Judicial Conduct':
I was particularly taken with CANON 3 of the Judicial Code of Conduct and perhaps it was this section of the document that Judge Randolph butchered in his comments on the record [BBM]:
Canon 3. A Judge Should Perform the Duties of Judicial Office Impartially and Diligently
The judicial duties of a judge take precedence over all the judge's other activities. Judicial duties include all the duties of that office prescribed by law. In the performance of these duties, the following standards apply:
(a) Adjudicative Responsibilities.
(1) A judge should be faithful to the law and maintain professional competence in it. A judge should be unswayed by partisan interests, public clamor, or fear of criticism.
(2) A judge should maintain order and decorum in proceedings before the judge.
(3) A judge should be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, and others with whom the judge deals in an official capacity, and should require similar conduct of lawyers, and of the judge's staff court officials, and others subject to the judge's direction and control.
COMMENTARY: The duty to hear all proceedings fairly and with patience is not inconsistent with the duty to dispose promptly of the business of the court. Courts can be efficient and businesslike while being patient and deliberate.
Interesting also that Judge's in CT have an obligation to report attorney infractions which in this sorry case imo there were MANY including:
1. Atty Schoenhorn and Atty Felson (and the predecesor attorneys for FD and MT) CHOOSING to withhold VITAL case evidence from the Court and CSP in an active MURDER INVESTIGATION. Crime scene evidence FROM A MURDER made its way in a box held by three CT attorneys for 4 years before ending up with CSP, by which time the evidence which contained the HAIR OF MT on a hoodie, was tainted and unusable at trail. No consequences for any of the involved attorneys and NO coverage of this travesty by MSM (no surprise but still quite shocking given what all was in the box).
Attorneys involved that participated in the game of 'passing the box of evidence in a Murder Trial': Norm Pattis, Andrew Bowman, Jon Schoenhorn and Audrey Felson and the now CT Judge to whom Jon Schoenhorn 'passed' the box who then handed it over to CSP. Only in CT can an individual attorney, Atty Tara Knight, be involved with withheld evidence then be elevated to a Judgeship! Perfect end to an "ONLY IN CT" story!
Quote from Hartford Courant article via yahoo due to paywall:
State prosecutors want to disqualify Michelle Troconis’ lawyer from defending her because they may call him as a witness to testify about how he obtained a mysterious box of evidence containing a sweatshirt police believe is similar to one connected to the killing of Jennifer Farber Dulos. The...
www.yahoo.com
"According to the motion to disqualify Schoenhorn by the State’s Attorney’s office in Stamford, state police investigators first learned of the box and sweatshirt after being called two years after the slaying to the law offices of attorney - and now Superior Court Judge Tara Knight - in New Haven".
Knight handed the detectives a white banker’s box and said she had received it a day earlier.
“Knight, citing attorney client privilege, refused to reveal who gave her the box or how it came into her possession,” the prosecution motion said. “Knight did, however, state the following in sum and substance: She had not looked inside the box; however, she had been assured by her ‘client’ that the contents of the box had a direct connection to the investigation.”
Inside the box, the detectives found, in addition to the sweatshirt and tools, a letter from Schoenhorn to Knight. The letter referred to the criminal charges against Troconis and said only, “I am enclosing a blue sweatshirt that I received from another attorney.”
According to the prosecution memo, Schoenhorn “intimated” that he came into possession of the box a year earlier and disclosed it to police after realizing it could be significant in view of other evidence. He “suggested” the sweatshirt had been in in various places and handled by “several” persons before it arrived in his office.
Detectives also interviewed attorney Andrew Bowman, who represented Troconis before Schoenhorn. Bowman said the box was among the materials he gave Schoenhorn. Bowman said Troconis did not give him the box, but he could not remember who did, according to the prosecution motion.
The prosecution is asking a judge to disqualify Schoenhorn because “he is likely to be a necessary witness” in Troconis’ trial and that creates a conflict of interest between his responsibility as a witness and as an advocate for his client.
Judge Randolph it appears DID NOT DO this and neither did Judge Blawie OR Judge White. So, we see a "STRIKE OUT" whereby all 3 senior Judges in Criminal Court in Stamford FAILED to report this activity to the appropriate CT Bar Authorities. I'm sure the State's Attorneys have a similar standard of reporting and this seems to have been a similar "Strike out" to the Judges. Wonderful....Welcome to CT! Murder trial evidence is held in boxes in the offices of 3 attorneys and NOPE THERE IS NOTHING TO SEE HERE!
2. Judge Randolph and Judge Blawie and the sorry case of the handling and treatment of the discredited Herman Report. Honourable mention here to Judge Heller whose Court had responsibility to safeguard the sealed discredited Herman Report and who was a GHOST in the MT Trial proceedings and who no differently than she acted imo in the Dulos v Dulos case DID ZERO TO PROTECT THE DECEASED VICTIM JFD.
NOT ONE of these Judge's did anything to maintain the confidentiality of the sealed discredited Herman Report. NOT ONE. The report had very clear and easy to understand guidelines as outlined by Judge Heller Order in Family Court and quite simply these guidelines with not followed and were routinely disregarded in Criminal Court. None of the Judge's in Criminal Court respected the prior orders of Judge Heller and NOT ONE of them respected the confidentiality of the sealed report on behalf of the murdered victim in this case JFD.
These Judge's imo had the DUTY and OBLIGATION to protect the sealed report from the irresponsible and ethically challenged Defence attorneys: Pattis, Smith, Schoenhorn and Felson. Only Atty Bowman attempted to stop MT from speaking of the discredited report yet she did so in the LE interviews and on social media for 5 years.
(b) Administrative Responsibilities.
(1) A judge should diligently discharge his or her administrative responsibilities, maintain professional competence in judicial administration, and facilitate the performance of the administrative responsibilities of other judges and court officials.
(2) A judge should require the judge's staff and court officials subject to the judge's direction and control to observe the standards of fidelity and diligence that apply to the judge.
(3) A judge should take or initiate appropriate disciplinary measures against a judge or lawyer for unprofessional conduct of which the judge may become aware. A judge is not required to disclose information gained by the judge while serving as a member of a committee that renders assistance to ill or impaired judges or lawyers or while serving as a member of a bar association professional ethics committee.
COMMENTARY: Disciplinary measures may include reporting a lawyer's misconduct to an appropriate disciplinary body. The judge who receives this information still has discretion to report it to the appropriate authority, depending on the seriousness of the conduct and the circumstances involved.
----------------------------------------------------
Back to the sorry Sentencing Hearing after a delay to identify a FEW administrative 'irregularities' in the MT case treatment in Stamford COURT courtesy of Judges Blawie, White and Randolph.
1. Judge Randolph seeming denial of judicial discretion ON THE RECORD and then his turning around and exercising GREAT DISCRETION IMO. WHAT? I think Judge Randolph could give Schoenhorn a run for his money in a game of THREE CARD MONTE? SIMPLY A FARCE and frankly quite wrong to say nothing of being incorrect as it relates to the job of a JUDGE.
2. Judge Randolph putting VICTIMS RIGHT and CONVICTED DEFENDANTS RIGHTS on the same level in the eyes of the Court. SINCE WHEN and WHY?
MT was convicted in a resounding manner by a JURY OF HER PEERS, which Judge Randolph IN HIS DISCRETION CHOSE TO DISREGARD. We are to believe that in the world of Judge Randolph judicial discretion doesn't exist and he 'doesn't pick sides'. Won't even go there on the frankly idiocy of discussion of 'picking sides' as this is something that in the US we poor citizens take as a minimum standard for our Judges and given that this sorry Judge has been on the bench I believe since 2006 HE WELL KNOWS THIS.
3. Judge Randolph CHOSE to disregard VICTIMS SENTENCING WISHES. Why not simply own it instead of relying on the imo idiotic statement about 'not picking sides'? Why not speak to the VICTIMS and explain how the discretion wielded in this case by the Judge meets some criteria for delivering Justice? Judge imo did not address VICTIMS AT ALL. I realise CL is playing a long game with the State of CT and contained herself in the public statements but WHY NOT CALL THIS SENTENCE FOR WHAT IT IS AND THIS JUDGE FOR WHO HE CHOSE TO BE WITH THIS SENTENCE? Yes, it's CT I know so I will sit down as the entire situation sadly speaks for itself.
4. Judge Randolph CHOSE to speak about "not picking sides" rather than speak to the issue of the CORE FUNCTION OF HIS JOB WHICH IMO IS TO DELIVER JUSTICE. This isn't an 'either or' type of task and the Code seems clear on this imo. Judges are to be 'impartial' WHILE DOING THEIR JOBS and its the DOING THEIR JOBS part of the job description that Judge Randolph chose to NOT DISCUSS. IMO we saw one of the many games of 'three card monte' in this tragic case where Judge Randolph NEVER MENTIONS JUSTICE FOR THE VICTIMS which is the core function of a Judge. Instead we were treated to a robotic and frankly idiotic long and winding statement about something else entirely.
It's been a long time since I've seen not just one Judge on a case but 3 Judges in total on a case be more concerned about appeal risk rather that simply focusing on their jobs and then letting the Appellate and Supreme Courts of CT DO THEIR JOBS. I strongly believe that Judge Randolph should not have removed a charge that the Jury convicted MT on AFTER IT HAD STOOD IN PLACE FOR 5 Years at the lower court level and it should have been decided by a higher court and gone to the Supreme Court if necessary. Whether this was Judicial vanity or not I have not a clue but if there was any doubt as to whether this charge should have been removed or not then it is the job of the higher Courts to make this determination and IMO NOT the lower court Judge. Again, WHY?
I do hope if we ever hear from the jurors (respect their discretion and desire for privacy in this case as they behaved imo in an impeccable manner and with great respect for the Victim), that perhaps they will express their views on the sentencing as I have to admit to being curious. But, imo the voice of the Jury was clear as they convicted on ALL COUNTS after a solid period of deliberation. Its unfortunately imo that Judge Randolph chose to disregard their hard, honest and diligent efforts under great scrutiny and public interest.
MOO
Typical 'defence atty' response to Judge Randolph sentencing but interesting all the same imo: