Judiciary
Federal choose faces probe after he orders handcuffing of 13-year-old lady in gallery in ‘scared straight’ strategy
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A federal choose in San Diego faces an ethics probe initiated by the judiciary after a transcript indicated that he ordered the handcuffing of a 13-year-old lady throughout a probation revocation listening to for her father.
The allegations towards U.S. District Decide Roger Benitez of the Southern District of California surfaced in a Feb. 23 sentencing memorandum filed on behalf of the lady’s father, Mario Puente, according to Above the Law, which broke the information.
The San Diego Union-Tribune, KGTV and Law & Crime even have protection.
The ninth U.S. Circuit Courtroom of Appeals at San Francisco confirmed the probe in a Feb. 28 press release and order.
The incident occurred throughout a Feb. 13 listening to, in keeping with a sentencing memorandum filed by Puente’s attorneys with Federal Defenders of San Diego. Puente mentioned he wished to go away San Diego to get a contemporary begin. He additionally mentioned he was nervous about his 13-year-old daughter as a result of she was hanging out with the mistaken individuals, and he wished to maneuver her so she wouldn’t comply with his similar path.
Puente had served 5 years in jail on a drug distribution conspiracy cost, in keeping with the San Diego Union-Tribune.
U.S. District Decide Roger Benitez. Picture by the U.S. District Courtroom for the Southern District of California, PD US Courts, through Wikimedia Commons.
Puente’s daughter was seated within the gallery. A number of minutes after Puente expressed concern for his daughter, Benitez turned to the U.S. marshal and requested, “You bought cuffs?” In accordance with the sentencing memorandum, Benitez ordered the lady to strategy the bench and advised the U.S. marshal to handcuff her.
Because the marshal complied with the handcuffing order, the lady started to cry, in keeping with the sentencing memorandum. Benitez advised the marshal to place the lady within the jury field. As he did so, the lady continued to cry.
After an extended pause, Benitez launched the lady, in keeping with the sentencing memorandum. He then requested the lady how the cuffs felt on her, and he or she mentioned she didn’t prefer it. The San Diego Union-Tribune, which referred to the choose’s actions as “scared straight” ways, experiences on what occurred subsequent.
“Good,” Benitez advised the lady. “That was the message I hoped to get to you. So your dad’s made some severe errors in his life, and have a look at the place it’s landed him. And because of that, he has to spend time away from you. And should you’re not cautious, younger girl, you’ll wind up in cuffs, and also you’ll end up proper there the place I put you a minute in the past.”
Benitez then advised the lady that she was “an awfully cute younger girl,” however he’s troubled by her father’s considerations.
“I hope the following time you’re tempted to make use of medicine, even weed, OK, even weed, you’ll keep in mind what occurred right here at present,” Benitez mentioned. “I hope you keep in mind this imply, outdated face.”
The case was transferred to a brand new choose, who sentenced Puente to time served with no supervised launch.
Benitez is an appointee of former President George W. Bush. A considerable majority of the ABA Standing Committee on the Federal Judiciary had given Benitez a “not certified” score in 2004 after his nomination.
“Again and again, I obtained unfavourable feedback concerning Decide Benitez’s judicial temperament,” mentioned Richard M. Macias in a written assertion explaining the score to the Senate Judiciary Committee.
Macias was the circuit member for the analysis of Benitez, who had been a federal Justice of the Peace and a state choose.
“Interviewees repeatedly advised me that Decide Benitez shows inappropriate judicial temperament with attorneys, litigants and judicial colleagues; that each one too steadily, whereas on the bench, Decide Benitez is smug, pompous, condescending, impatient, short-tempered, impolite, insulting, bullying, unnecessarily imply and altogether missing in individuals expertise.”
In accordance with the San Diego Union-Tribune, a ninth Circuit choose will evaluate the ethics allegation towards Benitez and resolve whether or not to dismiss the ethics cost, take corrective motion or type a particular committee to research.
An administrative regulation clerk for Benitez advised the San Diego Union-Tribune in an e mail that he “will not be permitted to touch upon issues pending earlier than the courtroom.”
