Bernstein was found by the appellate court to have openly scoffed at the defense theories and used his questions to directly contradict the defense.
His response to the ruling: “Whatever I did is a matter of record. If I was in error, then the Court of Appeals is doing its job and correcting that error.”
Judge Joseph F. Murphy Jr. dissented and supported Bernstein.
Notably, Bernstein served as a federal public defender from 1974-80 as well as working as a prosecutor.
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