Post by KC on Jan 2, 2006 9:45:42 GMT -5
Jan. 01. 2006 - BRENTWOOD, N.H. -- The wife of a man convicted of sexual assault has filed a complaint against the judge who oversaw the trial, saying the judge dozed off repeatedly during court proceedings.
A special panel of the Judicial Conduct Committee will consider the complaint against Rockingham County Superior Court Judge Patricia Coffey.
''There were periods that she'd just nod off," said Melissa Spinner, who filed the complaint. ''The prosecutor saw it, the jury saw it, the public defender saw it, and I saw it. It's unacceptable."
The June trial led to a guilty verdict against Donald Spinner Jr., who was accused of sexually assaulting his stepdaughter numerous times. Coffey sentenced Spinner to 23 to 46 years in prison.
According to a jury poll conducted by the New Hampshire public defender's office, at least two of the 13 jurors reported seeing the judge doze off during the trial.
Laura Kiernan, communications director for New Hampshire's courts, said Coffey denies the allegations.
''Unequivocally, she did not fall asleep at the Spinner trial, or at any trial, or any proceeding held in her courtroom," Kiernan said.
In a letter to the state's Judicial Conduct Committee, Melissa Spinner reported that her husband complained to his public defender, Richard Samdperil.
Samdperil would not discuss what he observed. ''It's my understanding that there is an ongoing inquiry so it would be improper for me to comment," he said.
The complaint will be considered by a special panel appointed by the state Supreme Court because Coffey is a member of the Judicial Conduct Committee, which normally handles any complaints about judges.
A special panel of the Judicial Conduct Committee will consider the complaint against Rockingham County Superior Court Judge Patricia Coffey.
''There were periods that she'd just nod off," said Melissa Spinner, who filed the complaint. ''The prosecutor saw it, the jury saw it, the public defender saw it, and I saw it. It's unacceptable."
The June trial led to a guilty verdict against Donald Spinner Jr., who was accused of sexually assaulting his stepdaughter numerous times. Coffey sentenced Spinner to 23 to 46 years in prison.
According to a jury poll conducted by the New Hampshire public defender's office, at least two of the 13 jurors reported seeing the judge doze off during the trial.
Laura Kiernan, communications director for New Hampshire's courts, said Coffey denies the allegations.
''Unequivocally, she did not fall asleep at the Spinner trial, or at any trial, or any proceeding held in her courtroom," Kiernan said.
In a letter to the state's Judicial Conduct Committee, Melissa Spinner reported that her husband complained to his public defender, Richard Samdperil.
Samdperil would not discuss what he observed. ''It's my understanding that there is an ongoing inquiry so it would be improper for me to comment," he said.
The complaint will be considered by a special panel appointed by the state Supreme Court because Coffey is a member of the Judicial Conduct Committee, which normally handles any complaints about judges.