Friday, February 27, 2015

Good Garsh!

How quickly they forget:

"Judge in Hernandez trial described as tough but fair" by Maria Cramer, Globe Staff  February 25, 2015

Judge E. Susan Garsh, 67, who was born in Fall River, is the daughter of a Russian-American mother and a German father who fled the Nazis. She was elevated to the bench after a career that included a one-year stint as a journalist in apartheid-era South Africa and time as a partner in a white-shoe Boston firm.

A former media lawyer, she has frustrated reporters in the courtroom by holding sidebar conversations with lawyers without explanation.

Recently, she abruptly suspended testimony for more than a day because of scheduling issues, further delaying a trial that has already been postponed because of snow. Garsh did not elaborate on the issues. She declined to comment for this story through a trial court spokeswoman. Judges rarely comment to the media on ongoing cases.

The no-crying command to the homicide victim’s mother came earlier this month. When Ursula Ward, the mother of Odin L. Lloyd, took the stand to identify a picture of her son’s body, Garsh coolly told her to “retain control of your emotions and not to cry.”

Tina Chery, president of the Louis D. Brown Peace Institute, which is named after her son who was killed in gang crossfire, was among those who signed the letter to the Globe. Chery said the incident highlighted the need to train judges to be more sensitive to victims’ families.

“Imagine if a judge, if this judge, made that statement to the survivors of the Boston Marathon bombing. What do you think would happen?” she said. “People forget that the justice process is very overwhelming and confusing. . . . That family is already devastated by the murder and can barely function during the trial.”

Garsh gave the instruction after Ward wept at the sight of a photo, produced by prosecutors, showing her dead son’s body on a medical slab.

Lawyers who know Garsh’s courtroom demeanor say she was trying to prevent undue emotion from swaying the jury.

“To a layperson, it looks like it’s cold,” said Stephen J. Weymouth, a Boston criminal defense lawyer who has argued cases before Garsh. “Obviously, when someone looks at a picture of a child, they’re going to be upset. But this isn’t a place for emotion.”

More broadly, Garsh’s tight control over the courtroom and flow of information reflects a desire to keep a sensational case from descending into chaos, said Kevin Reddington, a Brockton lawyer who has defended clients accused of murder in front of Garsh.

“These things can very easily erupt and get out of control and turn into a circus,” he said.

But....

--more--"

Related:

"Also Tuesday, jurors heard from Brian McDonough, an athletic trainer with whom Hernandez had arranged to meet on June 17, 2013, to begin a workout regimen before the start of Patriots training camp. Lloyd was killed about eight hours before the scheduled session. Hernandez did not show up for the session, McDonough said, but later apologized via text message and rescheduled for the following day. “I’m already behind, so we gotta get after it!” Hernandez texted to McDonough on the night of June 17, according to a transcript of the messages shown on courtroom monitors. “See u tomorrow and honestly didn’t mean to leave u hang in.” But the following day, Hernandez canceled again, hours before police searched his home for the first time. “Ill jus call u when I’m back around which should be soon but ill b in touch!” Hernandez texted, later adding, “I truly am sorry for hassle but something serious came up.” McDonough, who works regularly with professional athletes, testified that he never heard from Hernandez again. Hernandez was arrested several days later. During cross-examination by Fee, McDonough said he believed Alex Guerrero, a trainer and business partner of Patriots quarterback Tom Brady, had referred Hernandez to him. McDonough also said that Hernandez sent polite texts when he canceled their workout session. “He’s a gentleman,” McDonough said. Also Tuesday, another witness, Jessica Robidoux, a civilian State Police analyst, testified."

Also see:

Snow delays in Hernandez case pose risk, allow prep
Aaron Hernandez fiancee gets immunity
Aaron Hernandez trial loses another juror

Let the trial begin!

Detective describes initial visit to Aaron Hernandez’s home
Video shows Aaron Hernandez dismantling cell phone
Hernandez sad to lose sponsors, jury is told
Clothing, drugs, evidence presented at Aaron Hernandez trial
Video evidence focus of Aaron Hernandez trial
Cleaners saw guns in Hernandez home
Ballistics expert testifies on casings in Aaron Hernandez trial
Video shows carefree Aaron Hernandez night before Lloyd murder

I have a simple motto when it comes to jury service and verdicts: if the government is shit, you must acquit.

NDU: Jurors shown texts from Aaron Hernandez before Odin Lloyd’s death