Some judges are lionized for their record of moving cases along. Nevada judge Valerie Vega, however, is being ridiculed when she pushed jurors to work through the night in a murder case so that the trial would not interfere with her vacation plans. It appears that things that happen with Vegas do not stay with Vega.
After the six week trial, the jurors were surprised when they were ordered by Vega to begin deliberations at 3 a.m. Jurors complained about trying to stay awake but after thirteen hours of deliberations, they acquitted Victor Fakoya. His attorney Norman Reed objected to the draconian order and asked to poll the jurors to determine their alertness.
Judge Vega was not pleased by such concerns and revealed that she had pressing vacation plans: “I told counsel this case had to be done by Thursday because I am packing up and leaving town and going on vacation for two weeks. It’s been very challenging for the court to juggle and give you two additional weeks and you still didn’t get it done. So for you to come in here and say, ‘I need more time,’ there is no more time.”
Yet, the article below states that Vega kept sessions short during the pendency of the case, including some days where she left after a few hours to watch her daughter play soccer.
Fakoya, 40, was charged with the death of a 2-year-old child left in his care. Police found evidence suggesting physical abuse. Fakoya had sponsored the child and his family who had relocated from Nigeria in December 2007.
For the family, I can only imagine how they feel that a judge prodded a jury to an eventual acquittal after an all-nighter. I am certainly sympathetic with judges having to maintain their families and personal plans. However, murder trials fall into a different category of priority given the interests on both sides. You have a defendant facing life imprisonment and a family who desires justice for the death of their child. It is not the desire to go on a vacation that runs afoul of judicial standards. It is the order (regardless of the reasons) for the all-nighter. Forcing a jury to meet through the night clearly does not convey the importance of their function and does not create conditions for deliberative and serious considerations of the evidence.
Notably, if this had gone the other way to conviction, the defense would have had an interesting appellate claim to overturn the verdict.
Source: 8News
Jonathan Turley
I remember a time when a judge issued a bench warrant for an attorney that was 11 on the list for a trial…10 settled and they were up….he was out of the country….they bitch judge made him book a charter flight to return to the country….Marshall’s were waiting to assist in transportation to the courthouse…
“His attorney Norman Reed objected to the draconian order and asked to poll the jurors to determine their alertness.”
This Norman Reed dude is an imbecile. His client is guaranteed an overturn on appeal if found guilty, and if not he would be off the hook once and for all. Norman Reed is good material for “The Defenders” writers.
All legal tactics aside, this is truly a sad story for the victim and his family.
It is possible that the abuse of jury caused a jury nullification. They were resentful and the only way to get back at the judge was by punishing the prosecutors, both of whom represent the state.
Presumably the judge went home to bed and left the jury with the foreman. So any questions that might have had could not have been answered. And again resentment would have made them punish the state.
eniobob – no problem as long as she does not allow those icky queers marry.
Maybe you get inured to this sort of thing when you are a judge but how can you be so casual about a murder or life in prison? Those stories from Texas of defense counsel sleeping during a capital case. The incidents of mis, or mal, feasance. I don’t even play a judge on TV but how can you be so trifling with a case of this nature?
Justice is blind to everything but the judges vacation schedule?
The Judge on every Jury I’ve served has made a big deal over the fact that I was a member of his/her jury and that as such I was under his/her care. The attitude was almost maternal/paternal. Any complaints, any questions … everything goes to the judge who will, in turn, attempt to satisfy the request.
This judge appears to have an abusive component to her personality and the jury suffered under her care. She also has exhibited a poor work ethic that resulted in a long trial for which she blamed the lawyers.
Impeachment should be her next trial
Had the forced deliberations produced a guilty verdict, defense counsel would have had an excellent appeal. A rush to judgment demeans the entire justice system.
Stunning… Another sign of the times…
Hmmmmmmmmmmm question here is what would Gill Grissom have to say on this matter eh……..bad Valerie…………
‘but after thirteen hours of deliberations, they acquitted Victor Fakoya.”
“Yet, the article below states that Vega kept sessions short during the pendency of the case, including some days where she left after a few hours to watch her daughter play soccer. ”
WOW!!
I wonder how this would have played out in IOWA?