Can a judge do this?

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Okay I have a friend who's going through a trial about sexual harrassment. Well he went to court originally and lost but he has it in appeal right now. To give a little back ground on the original case. No one believe the female really. We all feel she's doing it for the money and that's all. My friend is a doc and she was a fellow Dr at his practice. There were 3 doctors total and they all went to lunch together. Well her claim was the one day the other doctor didn't go with them that my friend touch her boob. Which he did but was by accident. My friend talks with his hands (And he's a big man, fat wise not height really) and he has a small little sports car (only holds two) and accidently brush her boob with his hand as he was talking. Unfortunately I'm in the case because 2 month prior to her filing the case she was trying to pump info out of me about him and a case he was in YEARS ago that he won.Anyways the reason he's appealing is 1) he's innocent and 2) his jury was not of his peers. He's a black man and the jury only had 2 men (both white) and the rest were women, old white women at that.Anyways, the female doc's attorney's are being right down ignorant. Today they called the health department and they came to my friends office and search his office for anything they could but my friends office was clean and up to code. Well he also found out today that the judge on the case drove by my friends how and made the comment to the lawyers "I don't like that way he lives" mainly stating they think he makes too much money. Hate to say it but I think the judge really meant it as "he makes too much money for a black guy". Sorry if that sounds rude I just couldn't belive the judge said that. My friend works his BUTT off for the money he makes.Anyways, can a judge do that? Drive by his house and make a statement like he did? I just feel it'll make the judge bi-est now?Thanks for any info.

> Anyways, the female doc's attorney's are being right now ignorant.

They're not being "ignorant" (unknowing); they're being abusive.

> Anyways, can a judge do that?

Is this the judge from the first trial? If so, what he said can be used in the appeal to show that he is biased (not bi-est). You understand that an appeal has little to do with whether the doctor was actually guilty. The assumption is that he is. On appeal, the question is, Was there a procedural problem in the trial? Did the judge demonstrate bias? Was the jury incorrectly instructed? Does the makeup of the jury represent the makeup of community?

To reiterate, I don't think any new evidence regarding the guilt or innocence of the doctor will be admisiable in the appeal. It's all about how the original trial was conducted.

I don't think that there is any problem with the judge driving by your friend's house but making comments like that are deffinatly not okay and way out of hand. I have nothing for the courts and thier judges or lawyers and I lost faith in the "system" a long time ago. They always say people are _innocent till proven guilty_ but I've seen first hand it's the other way around, people are _guilty until proven innocent_ and that really angers me.

They always say people are innocent till proven guilty but I've seen first hand it's the other way around, people are guilty until proven innocent and that really angers me.Hopefully not for the judge and jury in a criminal case. They're the only ones under that obligation.

biased (not bi-est). Sorry lol, I spelled it that way and it just didn't look right.I am not 100% sure if its the same judge, but I'm thinking it's a new judge.And yes I understand that just because he's in appeal that he's still guilty, at this time, of the crime. His patients all know about it of course because it was in the paper and they have ALL be very supportive of him. Not one person left his practice.>To reiterate, I don't think any new evidence regarding the guilt or innocence of the doctor will be admisiable in the appeal. It's all about how the original trial was conducted.Actually they are allowing some new evidence. They are using me yet again because they found out too late in the trial about her pumping me for info.Anyways thanks for the info though.

I don't think that there is any problem with the judge driving by your friend's house but making comments like that are deffinatly not okay and way out of handThat how I feel as well. I personally feel this is a just cause to ask for a new judge for the case.I feel bad for my friend because I know he didn't do it and this bitch of a doctor is trying to take his career from him. Really makes me feel for him. They froze almost all his bank accounts which of course is now making it hard for him to pay his bills, both business and personal. He has a wife and kids to support. I'm just glad he has such great support from his wife and other family as well.

There's no way that it will be the same judge. First of all, it would be crazy for a judge to decide whether he presided over the case properly. Secondly, the appeals court is a different court, with different judges.

> Actually they are allowing some new evidence. They are using me yet again because they found out too late in the trial about her pumping me for info.

I assume the evidence will be used to put together the case that the trial was conducted properly or whether it was not; for example, whether testiony and evidence was properly gotten; whether the judge demonstrated bias; whether the jury was properly instructed; whether there was jury misconduct; etc. Otherwise, I'm surprised.

I was pretty surprised myself, but I'm very happy as well. I think she had this all planned. And for her it fell in her lap nicely when he accidently brushed her boob. I hope with my testimony it'll put doubt into minds.The prosecuting attorney was going to use the girl that tried to get his for sexual harrassment years ago. The girl showed up for the court date and before getting on the stand they tried to tell her what she needed to say and the girl told the attorney she could not do that because it was untrue. She admitted to the attorney that the case she filed again my friend was false, and the only reason she filed it was because her BF at the time talked her into it in hopes of getting a nice settlement. Well needless to say the dismissed her before she testified.

Well needless to say the dismissed her before she testified. That is OK.> The girl showed up for the court date and before getting on the stand they tried to tell her what she needed to say and the girl told the attorney she could not do that because it was untrue.That is completely improper (and unethical). It's important if it shows a pattern of improper behavior by the prosecution. Things like that, witholding evidence from the defense, etc., can get a case reversed on appeal.Is the lawsuit civil (suing for money) or criminal? If it's criminal, keep in mind that it's the very same system that tries people for capital murder.

It's a civil lawsuit. Upon winning the original case they awarded her $1.5 million which is outragous. He accidently brushes against her boob and she gets $1.5 million.>That is completely improper (and unethical). It's important if it shows a pattern of improper behavior by the prosecution. Things like that, witholding evidence from the defense, etc., can get a case reversed on appeal.Agreed and I think that's the path my friends attorney is going after.

$1.5 million$1.5 million? Holy sh*t. I'd expect that kind of award in a case of serious medical malpractice, but I'm surprised at the size of the award for a sexual harrassment case involving a single incident.

Exactly! It's completely incredible. My friends getting a raw deal and I hope it gets over turned.