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Breaking News
Judicial Activist
Robert Chatingy, an Obama court nominee, crosses the line from judge to advocate.
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.
But after years of qualified Bush appointees having their confirmations blocked because of abortion or affirmative action positions, it remains to be seen whether our senators care about a judge’s conduct on the bench.
Letter to the Editor View all comments (63) | Leave a comment
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Albert| 4.28.10 @ 7:35AM
He appears to be the perfect Obama nominee. Expect a Supreme Court nomination should another sitting justice choose to retire. Connecticut should have removed this bozo from the bench and disbarred him.
Alan Brooks| 4.28.10 @ 8:49PM
Don't blame Obama.
What do you expect from a "society" that took 13 years to put OJ away for a good, long time?
Jim O'Brien| 4.28.10 @ 8:29AM
Obama obviously agrees with Chatigny, just as Obama agrees with Holder. Obama and Holder are more concerned about the "rights" of terrorists and illegal immigrants than they are concerned about the safety, rights, and opinions of American citizens. Obama and Chatigny are more concerned about the rights of the serial murderer than they are about the rights of the victims. The federal government under Obama and the Jackass-dominated Congress is like a mental hospital run by the patients. The federal government is broken. The States should exercise all of their rights under the Constitution to say "NO" to Obama's lunatic brand of socialism. Most of us have taxation without representation, since Obama and Congress are ignoring our opinions. Obama and the Demo-Socialist "leaders" are treacherous --- they are attempting to destroy capitalism and freedom.
Pingback| 4.28.10 @ 10:07AM
Gavel Grab » Wednesday Media Summary links to this page. Here’s an excerpt:
Petronius| 4.28.10 @ 11:32AM
Bet me anything they have polling data proving the women Ross raped and murdered wouldn't have voted Demoncratic. Now just what is Judge Chatigny's perversion?
Pingback| 4.28.10 @ 11:45AM
News Machine :: Is sexual sadism a mitigating factor in a rape and murder case? links to this page. Here’s an excerpt:
Pingback| 4.28.10 @ 12:40PM
Is sexual sadism a mitigating factor in a rape and murder case? | America Watches Oba links to this page. Here’s an excerpt:
Gr0w1er| 4.28.10 @ 1:48PM
No surprise here from the Obamanids. Next candidate, please?
CC| 4.28.10 @ 6:34PM
To expect anything less from the POTUS would, well, just cheat him of his due reverance from us.... OOPS, I meant revulsion!!!!!!!!!!! Supporters are primarily so ignorant they know not the goings on, or the alternative; as depraved/delusioned as those whom they follow. My impression is increasingly leaning toward the ...later as time goes on. PRAY FOR OUR COUNTRY!!!!!!!!!!!!
Long Ben| 4.28.10 @ 8:41PM
Just like his democrat sponsors, this judge will always take up for civilization's enemies.
hookah | 4.28.10 @ 10:19PM
To expect anything less from the POTUS would, well, just cheat him of his due reverance from us.... OOPS, I meant revulsion!!!!!!!!!!! Supporters are primarily so ignorant they know not the goings on, or the alternative; as depraved/delusioned as those whom they follow.
plastic mold | 4.28.10 @ 10:20PM
Obama and Holder are more concerned about the "rights" of terrorists and illegal immigrants than they are concerned about the safety, rights, and opinions of American citizens. Obama and Chatigny are more concerned about the rights of the serial murderer than they are about the rights of the victims. The federal government under Obama and the Jackass-dominated Congress is like a mental hospital run by the patients.
Pingback| 4.29.10 @ 2:49AM
Twitter Trackbacks for The American Spectator : Judicial Activist [spectator.org] on links to this page. Here’s an excerpt:
Marc Jeric| 4.29.10 @ 3:20AM
Abu Hussein al-Nairobi behaves as is expected from a revolutionary marxist that he is. I wish that those 8 tortured and murdered women would rise and frighten to death both that idiot judge and the murderer's lawyer.
Anon| 5.11.10 @ 1:10PM
See comments on the BLT legal blog:
http://legaltimes.typepad.com/.....0714a4970b
I viewed the April 28 Senate Judiciary hearing during which two judges were questioned. For a link to the archived webcast, go to this link on the Senate Judicary Committee web page and click on webcast on the right side:
http://judiciary.senate.gov/he.....fm?id=4548
Listen to senators Dodd and Lieberman introduce Judge Chatigny. If I were the judge, I would be insulted and embarassed. I doubt Chatigny is. Dodd and Lieberman are of course, beyond shame.
The insolence and delusional level of hubris exhibited by the opening introductions of both Dodd and Lieberman was offensive, an embarassment to Connecticut.
Note the contrast in the same webcast with the introductions provided later by senators Warner and Webb of Virginia of their nominee to the bench.
It wouldn't be unreasonable to vote against Chatigny on the sole basis of Dodd and Lieberman's bases for nominating him in the first place. That alone is enough.
They admit with a smile that their bases are deeply personal loyalties to Chatigny, that they have conflicts of interest and are indulging them anyway. They admit the best interests of the people of Connecticut had absolutely zero to do with this nomination and they do it with a smile, like they will get some cookies and milk after their speeches as their reward. This was nominated for no other reason. As to his temperament, Dodd cites his wife, speaking of Chatigny's good behavior at their wedding. It is one after another of the same.
Dodd and Lieberman treated the process like it was some kind of joke, apparently so corrupted and debauched, they don't even know what corruption is anymore.
Connecticut voters would boot them both if they ran again.
Anon| 5.11.10 @ 1:36PM
BTW, those posts about Chatigny's temperament and Dodd and Lieberman's behavior can't be posted on Connecticut's main newspaper on the blogs or comment area of the Tribune owned Hartford Courant.
Milder Chatigny comments have been censored by the newspaper, which last year, after a massive layoff of senior reporters, started a list of advertisers and government entities . Reporters and newsroom management reportedly have to clear coverage first for stories about entities on the list.
One thing is for sure, they are censoring comments, mild acceptable ones. Anon's Chatigny, Dodd and Lieberman comments would be yanked.
Anon| 5.11.10 @ 1:41PM
Re Hartford Courant,
Along with Dodd and Lieberman's display at the hearing, it should give you a glimmer of the tyranny up here in Connecticut, the tremendous power and influence accorded if not demanded by these few.
So, it should be absolutely no wonder that Judge Chatigny thought it was OK after the Ross hearing to call over to the Connecticut state court to offer to talk to the judge over there about Atty Paulding, who he had just threatened.
The wonder is, that anyone said no to him when that court refused.
PJ| 5.24.10 @ 9:45AM
This judge made me sick back then when the fight to get Ross executed just as much as he does now. He never gave a damn about the victims or what they went through. Definitely makes you wonder what perversions of his own that he's hiding while wearing that robe. Sounds like this case hit too close to home.
Anon| 5.28.10 @ 11:48AM
The Senate committee will vote yes on Judge Chatigny today, ignoring the most provocative aspects of his tenure as district judge.
Honestly? I do not have great issue with his legal decisions. I think the real bomb for this judge is his temperament, followed by the debauched nature of the political elements that greased his rise to the bench and now the higher court.
The real issue with this judge is divorced from the strains of the ideological warfare over conservative versus liberal judges.
His temperament in the Ross case was excused because it was a death penalty case. Ross's life was at stake.
But Chatigny was chief judge for many years. His performance in that role has been ignored, his missteps suppressed by the Connecticut press. Because the chief judge administers the courthouses in his district, he is responsible for all the experience of the public in the courthouses in his district outside of a case: their visits to the courthouses, their access to the buildings themselves, and access to court hearings and documents. That's a big deal, but not to powerful people clashing over ideologies.
His supporters never fail to tout the fact that he was also chief judge when they ramble down the list of his titles. But no one cares about the role, how the courts in this country must be open to the public. It is so fundamental as to not even make it into the debate. But really, this judge treated the courthouses like his private feifdom and that is fundamentally in oppositing to America's committment to open government
Chatigny cut public access, remodeled a clerk's office so it barely, if at all, complies with ADA standards, ousted a journalist from his district without due process, any speck of process actually and closed down hearings solely to prevent press access.
His record as chief judge was horrendous in this regard and is cause for greater concern about his character, temperament and fitness for the bench than any of the issues that have been raised as to his judicial opinions.
Also, his rule on juror speech after a trial is unusual. And some lawyers complain that other rules he put in place make it harder to bring cases.
His dressing down of Ross's attorney and his memory lapse as to receiving a letter from Ross years before are consistent with the way he administered the district as chief and therefore NOT an exception to otherwise sterling behavior and not behavior solely exhibited in extraordinary circumstances.
Do readers have any idea how incompetent and insensitive, at the very least, a federal judge has to be to remodel the public service area of a federal district courthouse so that it is much more difficult for wheelchair users to use? Any idea? For a judge in a court that is responsible for enforcing ADA? He was on the facilities committee.
He has been nominated to the bench because he is a member of a very small cabal that has a stranglehold on power in a very small state, so much power that Dodd and Lieberman could admit flagrantly their personal reasons for nominating him when he appeared before the Senate committee for questioning.
I don't know about you, but this stuff really seems nuts and says more about what we are getting in this judge than most of what's apparent in his ajudicative record.
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I wish that those 8 tortured and murdered women would rise and frighten to death both that idiot judge and the murderer's Plate Heat Exchanger.