The United States Court of Appeals for the First Circuit has refused to disqualify US District Judge Nancy Gertner from a lawsuit against the Boston Police Department for a wrongful conviction in three rapes. Counsel for the department charged with her showing “deep-seated favoritism and antagonism” in comments made in court.
In an Oct. 8th hearing, Gertner questioned whether plans to deport the plaintiff, Ulysses Rodriguez Charles, to his native Trinidad soon were “somehow related” to his lawsuit. The government was trying to deport him before his scheduled trial in April. That seems to be a perfectly legitimate question under the circumstances, but the city’s attorney, John P. Roache, cried foul at the judge voicing “wholly unfounded suspicions” that there might be collusion. He demanded her recusal and she refused.
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