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June 19, 2006

Another power-mad judge run amuck

From the Canton Repository...

A Cuyahoga County judge threw out the charge against a man accused of raping a girl six years ago when the prosecutor in the case was 45 minutes late to trial.

Prosecutors have filed an appeal and said, if necessary, they will refile the charge against Norman Allen Craig, 22, of North Ridgeville.

The mother of the now 16-year-old Rocky River girl said her daughter feels victimized by the judge’s decision.

Common Pleas Judge Eileen Gallagher dismissed the case when Assistant County Prosecutor Mark Schneider had not shown up by 1:45 p.m. Monday, after she told both sides to be in court at 1 p.m.

Schneider was in his office preparing an appeal seeking to prevent the judge from continuing with the trial.

Earlier in the day, Schneider had asked the judge to remove herself from the case, saying the judge said last year that she thought the accuser had credibility problems.

“Nobody should be rendering opinions from the bench before trial,” Schneider said. “A child victim who’s being put through the wringer deserves a fair shake at trial.”

In case you missed the math there, the victim was 10-years-old at the time of the rape. Now I've argued several times for a more balanced treatment in rape cases, half of which, studies have shown, and based on false claims, after which the self-proclaimed victim is never prosecuted for "raping" the accused in court. But cases need to be decided on the facts, not on whether or not the judge got in a tizzy because someone questioned her impartiality.

This sounds like a judge that needs to be off every case, and off the bench.

Posted by Danny Carlton at June 19, 2006 10:07 AM

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