Post by KC on Aug 6, 2006 0:00:37 GMT -5
Poor Judgment
Bad Judge, Bad
August 05, 2006 - Sometimes we just hate being right. Dallas County Court at Law Judge Sally Montgomery—whose judicial record we highlighted earlier this year [see “The Worst Judges in Texas,” February 10, 2006]—is in trouble again. This time, she stands accused of withholding relevant information from defense attorneys in a recent civil trial and then lying about the incident in open court—actions that could endanger a $10.2 million verdict.
The details of Montgomery’s alleged wrongdoing became public at a July 11 hearing in Dallas. The family of Timothy Bostic urged state District Judge Kent Sims to recuse Montgomery from Bostic v. Georgia Pacific Corp. The family is seeking wrongful death damages from Georgia Pacific, a maker of everything from paper products to construction materials, and where Timothy Bostic worked for many years. Bostic died in September 2003 at age 41 from mesothelioma, a deadly form of cancer caused by long-term exposure to asbestos. The family blames his death on prolonged exposure to asbestos in the company’s construction products. Timothy’s parents, Susan Elaine and Harold Bostic, have twice won substantial verdicts—one for $9.3 million in 2005 and a second for $10.2 million—against the company.
They’re still waiting to see the money. The first verdict was thrown out because of problems with the introduction of evidence. The verdict in the second trial, seemingly decided in early June, is now on shaky ground thanks to Montgomery.
The problems began in late May during the second trial, when Harold Bostic, 71, collapsed and died during a break. Jurors who witnessed his collapse were not told that he had died. Later, they started asking the bailiff questions—one even noticed that the Bostics’ attorney had begun wearing black every day. The bailiff, Gary Christensen, told the Bostics’ lawyer about the jury’s questions and advised her to stop wearing black and to “put a smile on her face,” according to court records and testimony.
The bailiff informed the court reporter, Cayce Coskey, who told Judge Montgomery about the jury’s questions. Montgomery told Coskey that she would deal with it and not to tell anyone, Coskey testified. In this situation, the defense has a right to know that the jury is asking questions, Coskey has testified. She shared her reservations with Montgomery, who dismissed her argument and reiterated that Coskey shouldn’t tell anyone about the jury’s queries.
Faced with an ethical quandary, Coskey disobeyed and told the Georgia Pacific attorneys anyway two days later. They immediately requested a hearing before Montgomery on the issue. In open court, Montgomery said she had just found out about the jurors’ questions and denied telling Coskey to keep it quiet. “I told [the defense] when I found out,” Montgomery said, according to court records. She then paused and added, “When it became relevant.”
After the trial ended—and the Bostics had won a $10.2 million verdict—Montgomery fired Coskey for disobeying her order. The court reporter said she felt like Montgomery asked her to “do something unethical.”
Georgia Pacific is already planning to move for a mistrial, while awaiting Judge Sims’ ruling to recuse Montgomery. The ruling should be released July 25, after Sims returns from vacation. Coskey is using her involuntary vacation time to look for a new job. Meanwhile, Judge Montgomery, a Democrat, continues to campaign for re-election this November.
www.texasobserver.org/article.php?aid=2266
Bad Judge, Bad
August 05, 2006 - Sometimes we just hate being right. Dallas County Court at Law Judge Sally Montgomery—whose judicial record we highlighted earlier this year [see “The Worst Judges in Texas,” February 10, 2006]—is in trouble again. This time, she stands accused of withholding relevant information from defense attorneys in a recent civil trial and then lying about the incident in open court—actions that could endanger a $10.2 million verdict.
The details of Montgomery’s alleged wrongdoing became public at a July 11 hearing in Dallas. The family of Timothy Bostic urged state District Judge Kent Sims to recuse Montgomery from Bostic v. Georgia Pacific Corp. The family is seeking wrongful death damages from Georgia Pacific, a maker of everything from paper products to construction materials, and where Timothy Bostic worked for many years. Bostic died in September 2003 at age 41 from mesothelioma, a deadly form of cancer caused by long-term exposure to asbestos. The family blames his death on prolonged exposure to asbestos in the company’s construction products. Timothy’s parents, Susan Elaine and Harold Bostic, have twice won substantial verdicts—one for $9.3 million in 2005 and a second for $10.2 million—against the company.
They’re still waiting to see the money. The first verdict was thrown out because of problems with the introduction of evidence. The verdict in the second trial, seemingly decided in early June, is now on shaky ground thanks to Montgomery.
The problems began in late May during the second trial, when Harold Bostic, 71, collapsed and died during a break. Jurors who witnessed his collapse were not told that he had died. Later, they started asking the bailiff questions—one even noticed that the Bostics’ attorney had begun wearing black every day. The bailiff, Gary Christensen, told the Bostics’ lawyer about the jury’s questions and advised her to stop wearing black and to “put a smile on her face,” according to court records and testimony.
The bailiff informed the court reporter, Cayce Coskey, who told Judge Montgomery about the jury’s questions. Montgomery told Coskey that she would deal with it and not to tell anyone, Coskey testified. In this situation, the defense has a right to know that the jury is asking questions, Coskey has testified. She shared her reservations with Montgomery, who dismissed her argument and reiterated that Coskey shouldn’t tell anyone about the jury’s queries.
Faced with an ethical quandary, Coskey disobeyed and told the Georgia Pacific attorneys anyway two days later. They immediately requested a hearing before Montgomery on the issue. In open court, Montgomery said she had just found out about the jurors’ questions and denied telling Coskey to keep it quiet. “I told [the defense] when I found out,” Montgomery said, according to court records. She then paused and added, “When it became relevant.”
After the trial ended—and the Bostics had won a $10.2 million verdict—Montgomery fired Coskey for disobeying her order. The court reporter said she felt like Montgomery asked her to “do something unethical.”
Georgia Pacific is already planning to move for a mistrial, while awaiting Judge Sims’ ruling to recuse Montgomery. The ruling should be released July 25, after Sims returns from vacation. Coskey is using her involuntary vacation time to look for a new job. Meanwhile, Judge Montgomery, a Democrat, continues to campaign for re-election this November.
www.texasobserver.org/article.php?aid=2266