In 2005, serial murderer and rapist Michael Ross found an unlikely sympathizer -- federal judge Robert Chatigny, who called Ross's sexual sadism a mitigating factor in his case. He threatened and berated Ross's lawyer into further postponing his death sentence against this client's own wishes. Judge Chatigny sits before the Senate Judiciary Committee today as President Obama's nominee to the Second Circuit Court of Appeals.
Ross, called the "Roadside Strangler," was convicted in 1984 after confessing to the murder and rape of eight different women. His sick story can be heard in his own words in this series of YouTube clips. He was given the only death sentence Connecticut had seen in 23 years, and his attorneys unsuccessfully pursued all of the usual appeals and habeas actions. After nearly twenty years of appeals, Ross made the unusual decision to forego all further post-conviction relief and accept his execution.
District of Connecticut Judge Chatigny entered the picture when a series of "next friend" actions were brought by Ross's family and former defense lawyers claiming, among other things, that Ross was incompetent to make such a decision. Chatigny's first hearing before the Judiciary Committee was rescheduled last month after the Committee received this letter (pdf) detailing the judge's allegedly unethical conduct at this stage of the case.
Without recusing himself or disclosing his prior involvement with the original appeal of Ross's conviction, Chatigny appears to have acted as an advocate rather than a neutral judge. State courts had already decided on Ross's competency, but Chatigny held additional factual hearings and granted relief on a basis not briefed by any parties.
After the appellate court and the U.S. Supreme Court vacated his rulings, Chatigny took the extraordinary move of ordering a conference call with Ross's attorney, when appellate courts had vacated any grounds on which Chatigny could take further action.
In this conference call, Chatigny bullied Ross's attorney into ignoring his client's own wishes and seeking a stay of execution. The transcript of the conference call shows that Chatigny repeatedly referred to Ross's attorney as "facilitating" or "bringing about" Ross's execution. Reading the transcript, it's as if Chatigny does not even acknowledge that Ross'a own actions, the rape and murder of multiple women, are the cause of his execution.
He then expressed his opinion, based on a tour of the prison Ross was housed in for a number of years, that it was unlikely that a person in such circumstances could make a knowing and voluntary choice to accept his execution. He told the attorney that "it would cause me tremendous unease if I were in your position....I would need to have an expert who knows why the courts of Europe will not extradite someone to a place like [that]."
Shockingly, Chatingly cites Ross's sexual sadism as a mitigating factor. "But looking at the record in a light most favorable to Mr. Ross, he never should have been convicted. Or if convicted, he never should have been sentenced to death because his sexual sadism, which was found by every single person who looked at him, is clearly a mitigating factor... He can sit on his hands and sit mute and he may find not only that the death sentence is set aside, he may find the death penalty has been abolished. He may find that he gets the life sentence that he has repeatedly said he would take in an instant if it was offered to him."
After this exchange, Chatigny threatened that he would "have [the attorney's] law license" if he did not seek a stay of execution to further investigate his client's competency, despite the state's and the Supreme Court's decisions on the matter, as well as the lawyer's own judgment from working closely with Ross for years.
State attorneys in Connecticut were so shocked by Chatigny's activism on behalf of Ross that they filed a complaint with the Second Circuit alleging judicial misconduct, and a group of legislators urged the House Judiciary Committee to conduct an investigation. The Second Circuit panel, including then Judge Michael Mukasey, opted not to impose sanctions on Judge Chatigny. Chatigny wasn't punished for his conduct, but that doesn't mean we should ignore his actions here when evaluating him for a promotion. It is no surprise that under the unusual circumstances the panel granted him some room to act outside of traditional ethical boundaries, and they acknowledged as much in the opinion.
Chatigny's record shows a disturbing willingness to pick sides. His record also shows a disturbing view of sexual sadism as a mental condition that excuses a defendant's criminal action. Even as an opponent of the death penalty, I find it unacceptable that a judge would go to such measures to impose his view of the morally right outcome.
Unless the Senate is satisfied that Chatigny would not act this way again on the bench, his conduct here raises serious questions about whether he should be confirmed for the Second Circuit. This case is a mere five years old and occurred after Chatigny had been a federal judge for 11 years. Chatigny will have a hard time explaining how we could expect anything different from him on the Second Circuit.
Posted by: Frozen Al ||
05/27/2010 11:42 ||
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#1
In my opinion, I think this will simply make Specter more comfortable in doing what he thinks is right, as opposed to doing things Obama wants him to do, said Morton Klein.
In my opinion, Arlen will lash out in a temper tantrum and do only what Arlen wants to do to sooth his poor little ego.
#3
Gee Arlen, miffed that you whored yourself out to the great detriment of the USA's future and the Dems didn't even leave a $20 on the dresser?
Posted by: ed ||
05/27/2010 12:52 Comments ||
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#4
Ffft. Have him declared demented & let Rendell appoint Sestak to his office. That'll give the Democrats back their Senate seat (temporarily) and let us campaign against Sestak as an incumbent Democrat. Everybody goes home happy! Including Sestak in November, when we send a real fucking Republican to the Senate for a change.
Go home to your grandchildren, Senator. Three times 'round the block is enough.
Posted by: Mitch H. ||
05/27/2010 16:47 Comments ||
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#5
Dementia is no bar to holding the office of US Senator (obviously).
Times are tough, especially among those still looking for good jobs, but Sen. John Kerry doesn't think Washington's to blame. In fact the former Democratic presidential candidate, concerned with the anger voters are aiming at Washington, says that his party and President Obama are doing a ship-shape job.
"We've come back," he says of the nation, Wall Street, and the economy. "This is an amazing resurgence."
Kerry talked about the voter anger during a breakfast sponsored by the Christian Science Monitor called to give him time to pitch his expansive climate and energy bill. He was asked if he's ever seen such anger with Washington, in part inspired by the Tea Party movement named after the Boston Tea Party in his home state.
With many expecting him to say no, the 26-year Washington veteran said yes, citing the turbulent 1960s and the Watergate era. "Yes, I have seen it," he said, but while those were focused on the Vietnam War and Richard Nixon's power grab, he said "I think this is less focused."
It wasn't a slam at the Tea Party movement and those upset at Washington as much as a frustration he feels that Congress and the president aren't getting the credit he thinks they deserve for pulling the country out of a second depression.
"I think there's a comprehension gap," said Kerry. His point: While people may not be feeling the benefits of the bailouts and healthcare reform yet, Congress has been working with Obama to right the economic ship. Still, he sounded sympathetic to those kicked around by the economy. "There's a sense of some things unraveling" to them, said Kerry.
But he said that the D.C.-directed attacks are hypocritical, since many of those attacking Washington spending presumably want to keep their Social Security and Medicare and want Washington to play a big role in the Gulf Oil cleanup. "There's a huge contradiction on a daily basis," he said.
Maybe, he concluded, the Democrats should change their communications strategy "to better sell what we've done."
#2
The people are only using the standards set by the Donks when they decried the Bush administration had delivered the worst economy ever in 2006. That the Donks in 2010 have not only blown those standards but have exceeded the economic negatives by leagues in comparison hardly makes the public the problem. Then again we're dealing with the Donk principle of 'one set of rules for me and another set of rules for thee'. There is no hypocrisy upon his part because the acquisition and retention of Power is self rationalizing and justifying.
#6
...since many of those attacking Washington spending presumably want to keep their Social Security and Medicare and want Washington to play a big role in the Gulf Oil cleanup.
Jeez, Jawn, you make it sound like Social Security and Medicare are only given to us because of the goodness of the Democratic heart. Ever hear of FICA, douchebag? Ask your accountant about it.
And as far as the big oil spill, the guvmint will do what it always does. Take credit for it when the private sector experts fix it.
What an asshole...
Posted by: Frozen Al ||
05/27/2010 11:34 Comments ||
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#9
I hate to say it, but he is kind of correct. We elected these people because they promised to give us free stuff, and it is the act of giving us all that free stuff that is screwing the economy.
Some elected these people. The number of eligible voters and the real number of votes caste has never been close. Far too many didn't because 1- they think both side are crooks, 2 - that it didn't matter who got into office as most will do about the same thing but in varying degrees, 3 - just wanted to be left alone to get on with their lives. Now that 'life' has bitten them on the ass, some of those 'we' are finally taking notice.
#14
change their communications strategy "to better sell what we've done."
If you stupid bitter clinger redneck voters were only smart enough to appreciate our brilliance you would worship the Democrats as the gods we truly are.
#16
People were mad at bush over spending. Fools voted for Obama because he was not bush. Obama took that as a mandate and increased spending which made people even madder. Kerry has a point that the voters created this but we aim to fix things in Nov.
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Rantburg.com and borderlandbeat.com correspondent and author Chris Covert presents his first non-fiction work detailing
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Chris gives us Mexican press dispatches of drug and gang war violence
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Rantburg was assembled from recycled algorithms in the United States of America. No
trees were destroyed in the production of this weblog. We did hurt some, though. Sorry.
Times are tough, especially among those still looking for good jobs, but Sen. John Kerry doesn't think Washington's to blame. In fact the former Democratic presidential candidate, concerned with the anger voters are aiming at Washington, says that his party and President Obama are doing a ship-shape job. 
