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| Judge John C. Murphy, a judge in Brevard County, Florida who lost it... |
What you will view and listen to accompanied herein is becoming a more prevalent occurrence in the United States of America Corrupted Judicial system. It has come to seem that Law Enforcement officials on all sides of the bench think they can put themselves above any sort of the once existent "Rule of Law" in the USA.
Here a so-called "judge" seems to have no problem violating law and/or others rights. What should also be disturbing is that Judge John C. Murphy seems to coerce public defender Andrew Weinstock to not allow his client a right to a speedy trial.
So-called "judges", all across the USA, use different tactics to make their job easier and to make more profit, gain and/or control for a system that has long been operated by evil. They are merely people who make mistakes and as with us all, must be held accountable.
Most of those sitting some sort of bench of justice in the US follow a version of a faith.
The day after the nasty assault, outside the courtroom, people were abuzz about the recording showing part of the incident. Some said they watched the video on a national news morning show. The video of the confrontation received substantial play on national news outlets.
Just inside the entrance to the courthouse, a framed copy of the "Principles of Professionalism for Florida Judges" hangs on the wall. First on the list: "A judge should be courteous, respectful and civil to lawyers, parties, witnesses, court personnel, and all other participants in the legal process."
All too many USA citizens are being herded up and treated far less than common cattle via the widespread CORRUPT judicial system in the United States of America. "Rule of Law" and for "protect and serve" sake, have become more like: If you have money, assets and/or we can use you in our cold, cold cells, then you're needed to fuel the CORRUPT system of justice. Shut up, you're ours now, they seem to think! That seems to be the way it is for those roped into the Corrupted US Judicial system.
How will John C. Murphy repent, be remorseful and/or be made to give unto restitution as he has surely imposed on those he cast judgment upon during his time on the seat of "justice"?
The ordeal is listed below beginning with the most recent details first and the video of the ordeal towards the end.
UPDATED:
Since the firestorm from John C. Murphy's assault, oh so many have been calling for him to be removed.
Via
Online comments: Courtroom fracas sparks plenty of debate
Greg Priest
Having had the privilege of serving a
three-year term on the Florida Bar Grievance Committee for the 18th
Judicial Circuit, I can state with some certainty that this type of
behavior is unacceptable to the legal community, and rightly so.
Whatever bad blood existed between Judge John Murphy and Assistant
Public Defender Andrew Weinstock should have been settled in a more
professional manner.
Charles A. Kohler
Lawyers, when
they address a judge, should use their title as judge or the term "your
honor." When a judge asks a lawyer if he would like a trial or a docket
sounding, the lawyer should give the judge a straight answer. When a
lawyer is told by the judge to sit down, he should. When a lawyer
refuses — after the third time — that lawyer might expect to be taken
into custody by the court deputy and taken to a holding cell. When a
lawyer agrees to go fight a retired Army colonel, instead of stating
unequivocally, "No sir, I do not want to fight, I want a trial date,"
then that is just wrong. I am surprised the public defender announced
his approval of this conduct.
Pat Pasley
Yes, Judge
Murphy could have shown more restraint, but the attorney willingly
accepted the challenge and met with the judge. This implies mutual
consent. The camera angle does not show who made the first move out of
the courtroom. The judge is now on leave and has to take
anger-management classes. I would expect no less to be assigned to the
attorney. I have known Judge Murphy for some time and he is a good and
honorable man who normally uses good judgment. Something had to trigger
this incident , which I am sure he now regrets.
RELATED: Brevard judge takes paid leave after courtroom scuffle
Nancy Corderman
No
judge is above the law. Taxpayers are being forced to pay his salary
after video, audio and eyewitness evidence proves beyond a shadow of a
doubt that this judge not only violated judicial canons, he demonstrated
his own mental instability, committed assault and disturbed the peace
in a matter of minutes. If he is not prosecuted for his premeditated
crimes, it serves as indisputable proof that judges are allowed to
violate the very same laws they are duly sworn to abide by and decide
within the court system.
Marcus Hochman
I understand
that he might be a good judge, served in the military for 30 years and
has helped out numerous vets. But this is not about the man; instead,
this is about the position he swore an oath to. This is about an
expectation of excellence. I truly hope that this judge holds himself
accountable and resigns. This would be an act of honor for Lady Justice.
David Smith
No
one has all of the facts, yet most want to hang him high ... He is on
paid leave. That means he has vacation time coming. Instead of vacation,
he will be going to anger management classes. Again, for all of you who
can't wait for your pound of flesh, he will be punished. Even judges
have the right to due process … If it makes you feel better, file your
complaints … There is no prosecution of anyone, including county court
judges, if there is no criminal complaint filed. It is "assault" in
Florida if you approach someone in a threatening manner with the means
to inflict harm. It is criminal "battery" if you strike another person.
It appears from the video and sound both were in violation. I didn't see
what actually occurred when they left the room.
William Worsham
It
actually is not about extracting a pound of flesh or any of the other
things. It is about maintaining some kind of reasonable courtroom
decorum and serving the people who are in court. That said, there is
another side to this, which is the actual problem they were discussing.
There are cases stacked up on these judges because the state doesn't
want to pay more money to expand courtroom functions. This is causing
this kind of stress. That problem is a political one. What you are
seeing is those frustrations play out in a ridiculous way.
Via
Matt Reed: You can't do that, your honor
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| Judge John C. Murphy |
A Brevard County judge called out and attacked a defense lawyer
Monday in front of at least one sheriff's deputy and within earshot of a
prosecutor. Then, he walked right back to the bench to schedule a
suddenly lawyerless defendant for trial on two counts of assault.
Judge
John C. Murphy hasn't received even a ticket after allegedly grabbing
and beating Assistant Public Defender Andrew Weinstock in a courthouse
hallway for "pissing me off." Video and audio of the courthouse fracas
have played on TVs and mobile phones across America.
But I suspect
the Florida Supreme Court, which disciplines attorneys and judges, will
not be as blind to Murphy turning his courtroom into the Viera version
of "The Jerry Springer Show." The commission has long sanctioned other
judges for rude or sexist comments or showing favoritism — mild problems
compared to what Judge Murphy caused in court this week.
Meantime,
I'd be surprised if the Bar does much more than reprimand the assistant
public defender. On the video, Weinstock's biggest sin was some
arrogance in defending his client's Constitutional right to a speedy
trial.
"The attorney had every right to be irritated," his boss,
Public Defender Blaise Trettis, said Wednesday. His deputy felt
pressured to waive his client's rights to aid scheduling. On video, he
suggests prosecutors filed charges at the last minute, causing whatever
"crisis" Murphy perceived.
"If I had a rock, I would throw it at
you," Murphy tells the lawyer from the bench. "Sit down. I'll take care
of it. I don't need your help."
"I'm the public defender, I have the right to be here and represent my client," Weinstock responds.
"I said, sit down," Murphy shouts before calling Weinstock "out back" ... for something.
"Let's go," Weinstock says, marching to the hallway, file folder in hand.
The attorney had "no earthly idea" what to expect, Trettis said.
Coercive courtroom?
"It's completely unexplainable, as I see it," Trettis said.
Murphy
is an otherwise respected judge who launched a special court for combat
veterans and conceded in an application for higher office that
impatience is a weakness. His job in misdemeanor court is to adjudicate
thousands of defendants accused of petty theft, domestic violence and
drug problems.
He took a paid leave of absence Tuesday to seek anger-management counseling.
What led to the blowup? I've heard plenty of speculation.
But
the key moment Monday — and a potential problem for the judge — may
have come during an appearance by another Weinstock client minutes
earlier. That client, too, had declined a plea deal and requested a
speedy trial.
Murphy responded by scheduling the trial for Monday
June 9, allowing less than four work days for attorneys to swap witness
lists and prepare. If that was too little time, the defendant could
always waive her right to a speedy trial.
That seems coercive.
"You don't want to be late that day," Murphy told the woman, charged with domestic violence and disorderly conduct.
I won't speculate on Murphy's thinking.
But
Trettis told me some judges get testy when clients request speedy
trials. It's the one situation in which defendants' rights force judges
to give up some control. Speedy trials trump judges other scheduled
trials and hearings, forcing them to rearrange calendars.
Still,
your right to a speedy trial is fundamental, like owning a gun or
praying in your choice of churc. And public defenders are among the most
idealistic (if worst paid) advocates for criminal suspects' rights.
Who's next?
During
the off-camera beat-down, video shows the gallery of defendants
laughing and hooting in the courtroom. They smile and clap nervously for
Murphy as he returns alone and collects himself on the bench.
In
response to their cocky attorney, Murphy had resorted to violence,
abandoned control of his courtroom and thrown of any semblance of
impartiality to the wind.
Imagine if your case was next with that judge.
Looking dazed at the lectern was Weinstock's client, William Rounicles of Cocoa, whose counsel had just disappeared.
Murphy pressed ahead, asking Rounicles what he wanted to do next.
"I want to get it done as soon as possible," the defendant said.
"That doesn't help me," Murphy responded, expecting the man to pick a trial date.
Then he set Rounicle' trial for Monday at 8:30 a.m., the same time as for Weinstock's other client.
Both
trials would be impossible. Murphy was either flustered by the fight —
or knew he had just forced one of the defendants to cave.
Via
Complaint filed against judge accused of punching lawyer
Judge John Murphy could be reprimanded or removed from bench
TRANSCRIPT: LIVE IN ORANGE COUNTY, MICHELLE MEREDITH, WESH 2 NEWS. IT'S COURTHOUSE SHOWDOWN BETWEEN JUDGE AND ATTORNEY THAT'S BEEN SEEN ACROSS THE COUNTRY. NOW CALLS ARE MULTIPLYING FOR THE OUSTER OF A BREVARD COUNTY JUDGE REPORTED TO HAVE BEATEN UP A LAWYER IN A COURTROOM DISPUTE. WESH 2 HAS LEARNED A FORMAL COMPLAINT HAS BEEN FILED AGAINST JUDGE JOHN MURPHY. WESH 2'S DAN BILLOW LIVE AT THE BREVARD COUNTY COURTHOUSE. WHAT HAPPENS NEXT? STATE OVERSIGHT COMMISSION WILL INVESTIGATE NOW AND COULD RECOMMEND JUDGE MURPHY'S REMOVAL. IF I HAD A ROCK I WOULD THROW IT AT YOU. THIS IS PISSING ME OFF. JUST SIT DOWN. I'LL TAKE CARE OF IT. SIT DOWN. JUDGE JOHN MURPHY'S OUTBURST HAS DRAWN A FORMAL COMPLAINT FROM A SOUTH FLORIDA ATTORNEY. JOHN B. THOMPSON WROTE... MURPHY'S ACTIONS MAY VIOLATE A PART OF FLORIDA'S CODE OF JUDICIAL CONDUCT THAT SAYS... PRESUMABLY NOT BY THRASHING THEM IN THE HALLWAY. [ BLEEP ]. ARE YOU ALL RIGHT? IT WAS THE BEST ENTERTAINMENT THEY'VE SEEN SINCE THE END OF THE JERRY SPRINGER SHOW. THE COMPLAINT ABOUT MURPHY GOES BEFORE THE JUDICIAL QUALIFICATIONS COMMISSION WHICH MEETS IN SECRET. IT CAN RECOMMEND A REPRIMAND TO A REMOVAL FROM THE BENCH. THE STATE SUPREME COURT MAKES THE DECISION. THE JUDGE COULD ALSO EVER CHARGED WITH MISDEMEANOR BATTERY IF AN INVESTIGATION SHOWS THAT HE DID HIT THE ATTORNEY AND THAT IT WAS WITNESSED. THAT INVESTIGATION IS UNDERWAY.
A formal complaint has been filed against a judge accused of punching a public defender in Brevard County.
Calls are multiplying for the ouster of Judge John Murphy, who is
reported to have beaten attorney Andrew Weinstock in a courtroom
dispute.
"Stop pissing me off. Just sit down. I'll take care of it. I don't need your help," Murphy is seen saying on courtroom video.
"No.
You know what. I'm the public defender. I have a right to be here, and I
have a right to stand here and represent my clients," said Weinstock.
"If you want to fight, let's go out back and I'll just whoop your (expletive)," said Murphy.
The two are seen leaving the courtroom, and the audio from the scuffle was captured on Murphy's microphone.
Murphy's outburst has drawn a formal complaint from South Florida attorney John B. Thomas.
"Is
this state to issue robes made by Everlast?" Thomas wrote in the
complaint. "The Florida Supreme Court must remove this judge from the
bench immediately."
The judge's actions may violate a part of
Florida's Code of Judicial Conduct that says, "A judge shall be patient,
dignified, and courteous ... and shall require similar conduct of
lawyers."
The complaint about Murphy will go before the Judicial Qualifications Commission, which meets in secret.
It can recommend anything from a reprimand to a removal from the bench. The state Supreme Court makes the final decision.
The
judge could also be charged with misdemeanor battery if an
investigation reveals he hit the attorney and it was witnessed. The
investigation is underway.
Brevard County Judge John Murphy will take a leave of absence and seek anger management counseling following a scuffle in his Viera courtroom Monday morning, officials said today.
Chief
Judge John M. Harris issued a written statement this afternoon related
to an incident and alleged fight that occurred between the judge and
assistant public defender Andrew Weinstock.
Harris' statement says Murphy's cases have been reassigned to other judges.
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| (click image to read in full size) |
"Moreover,
Judge Murphy has agreed to seek anger management counseling and
treatment during a temporary leave of absence," the statement says.
Also today:
- The Florida Bar, which handles attorney discipline, confirmed it has a "file open" related to the courthouse brawl.
- The Judicial Qualification Commission could not confirm whether it was investigating Judge Murphy's role in the incident. However, officials said it was the kind of thing the JQC would investigate.
- The criminal investigation continued, but no charges were filed. Brevard County sheriff's spokeswoman Deputy Maria Fernez said deputies "weren't able to get statements, that I'm aware of," from the judge and attorney.
- The involved attorney, Weinstock, took the day off. Public Defender Blaise Trettis said Weinstock would be out for several days.
Via
Letter: Remove judge from bench for his conduct
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| Judge John C. Murphy giving some sort of explanation |
I was appalled, but not surprised, to read about the awful conduct of
Brevard County Judge John Murphy and his decision to take the law in
his own hands in court on Monday.
I am appalled because this
so-called judge apparently knows nothing about courtroom conduct, has
apparently never heard of the majesty of the law and apparently doesn't
know the days of judges like Roy Bean are over.
It is a sad day
for Brevard County jurisprudence when Murphy, a former Special Forces
colonel, decides that brute force is the answer for imposing courtroom
decorum, but perhaps that is the only law he really understands. He
should be removed from the bench and disbarred from the legal
profession.
However, I would not be surprised if nothing comes of
this, just as I am never surprised when Brevard County judges are
accused of breaches in decorum (search out information from the Judicial
Qualifications Committee). Just because he is an officer of the
court/law does not mean he is above the law.
I can only hope that
the Florida Bar Association and the Florida Supreme Court will view the
judge's conduct in the same light as I do, and that citizens of our
county will demand he leave the bench before he does something more
drastic.
To resort to violence, even if he is provoked, does not
indicate a fair and impartial ability to administer the law. By the way,
what were the bailiffs doing in this case? Are they not present to
enforce order in the courtroom?
And now, below is a bit of what took place:
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| Inside the Brevard County, Florida coutroom |
A fight between a judge and a public defender broke out in a courtroom in Brevard County, Florida on Monday the 2nd of June, 2014.
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| Judge John C. Murphy |
Judge John C. Murphy was allegedly trying to get public defender Andrew Weinstock to waive his client’s right to a speedy trial.
Weinstock's boss, Public Defender Blaise Trettis, said the judge became angry because Weinstock refused to waive his client's constitutional right to a speedy trial. Under Florida law, defendants have the right to a trial within 90 days for a misdemeanor and 175 days for a felony.
Weinstock's boss, Public Defender Blaise Trettis, said the judge became angry because Weinstock refused to waive his client's constitutional right to a speedy trial. Under Florida law, defendants have the right to a trial within 90 days for a misdemeanor and 175 days for a felony.
Video footage shows Murphy telling Weinstock, “You know, if I had a
rock, I would throw it at you right now. Stop pissing me off. Just sit
down.” Weinstock responds, “You know I’m the public defender. I have a
right to be here and I have a right to stand and represent my client.” Both Murphy and Weinstock can be heard via the video from the courthouse in Viera on Florida's east
coast.
After Weinstock refused to sit or
waive his client's rights, the judge Murphy issued his challenge to Weinstock to go out to a hallway in the back so
they could settle their dispute with fists. Murphy is heard saying, “If
you want to fight, let’s go out back and I’ll just beat your ass.”
Weinstock can be seen on the video walking out of frame toward the courtroom's back door.
Weinstock can be seen on the video walking out of frame toward the courtroom's back door.
Public defender Blaise Trettis said Weinstock thought Murphy just wanted to talk, but was unpleasantly surprised. Trettis told WFTV,
“The attorney said that immediately upon entering the hallway he was
grabbed by the collar and began to be struck. The lawyer said he just
tried to stop the blows. There was no discussion,
no talk, not even time for anything. Just as soon as they’re in the
hallway, the attorney was grabbed.”
Deputies pulled judge Murphy off of the lawyer, and Murphy went right back into the
courtroom, Murphy returned to the bench and said he needed a moment to catch his breath. He then finished up. Murphy was not charged with anything, but the
incident will be reported to the Florida Bar Association.
"Judge Murphy has agreed to seek anger management counseling and treatment during a temporary leave of absence," 18th Circuit Chief Judge Harris said in a statement.
Trettis said he would not file charges, but he expected the Florida Supreme Court to take action against the judge.
"It's really out of character," Trettis said of the judge's behavior. "He's really got a good reputation."
"Judge Murphy has agreed to seek anger management counseling and treatment during a temporary leave of absence," 18th Circuit Chief Judge Harris said in a statement.
Trettis said he would not file charges, but he expected the Florida Supreme Court to take action against the judge.
"It's really out of character," Trettis said of the judge's behavior. "He's really got a good reputation."
"Hopefully it won't hurt either career," said Melbourne Attorney Eric
Morgan, who wondered if the incident was the result of a medical issue
or a misunderstood prank by the judge. He spoke highly of both men, but
noted they both expressed a willingness for a confrontation.
"In a sense you can say they had a consensual encounter," he said.
Public
defenders are typically assigned to cases in a single judge's
courtroom. Trettis said Weinstock had worked in Murphy's courtroom for
about six months and that he wasn't aware of a dispute that lead to the
fight.
Trettis said he had watched the courtroom video and didn't see anything that warranted disciplining Weinstock.
Weinstock
has been an attorney for about 15 years, some in private practice.
Before working in misdemeanor court with Murphy, he worked felony cases.
In the past year, two clients filed complaints against Weinstock, according to The Florida Bar.
In
January and October, two separate clients claimed Weinstock violated
rules regarding communication, saying he did not return their calls, for
example, and one claimed Weinstock violated his rights for speedy trial
by not properly handling his case.
Weinstock presented evidence
to the contrary, and documents released to FLORIDA TODAY show that The
Florida Bar's counsel found insufficient evidence in both cases to
pursue further investigation. Weinstock has no disciplinary history on
record, according to the Bar.
Last year, Murphy, who earns
$138,020 annually as a county court judge, applied to be nominated as a
judge in the Fifth District Court of Appeal, but he was passed up for
the position.
In his application, he wrote: "Judicial temperament
includes patience, open-mindedness, courtesy, tact, firmness,
understanding, compassion and humility. Patience was the toughest for
me. I work very hard to ensure that I do not become impatient."
Murphy,
a retired Army colonel who served 30 years in the military, helped to
start and presides over Veterans Treatment Court, which seeks to help
veterans suffering from mental health issues or substance abuse by
keeping them out of jail. Efforts are made to get veterans in treatment
that they might not seek on their own or for which they don't know they
are eligible.
Mikhael Love, IIO
Become AWARE
and
Stay ALERT!
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