[wallabee4]

Hello, I need to get a reconsideration of a case where a case turned on the judge being upset that the defendant dared to hold the opinion that a parole officer may have been tempted to place a sexual offender into a neighborhood specifically because said parole officer had bad blood with several members of the neighborhood, to include long history of bias against a certain ethnic group and personal unrelated legal issues between parole officer's close relative and a member of the neighborhood. We want to point out that suspicion of a conflict of interest is a valid concern and the judge should not have taken great offense to the suggestion that the parole officer might not perform his duties ethically. I point out that the judge of the case actually was an out-of-town judge BECAUSE the presiding judge himself had to recuse on a conflict of interest in a hearing involving the local parole officer with whom he had had many interactions. I want to cite case law that states this concern of a conflict of interest in the parole officer can be shown to be a valid legal concern and not a ridiculous unheard of crazy opinion expressed only to harass the parole officer. If the opinion can be expressed with legitimate purpose of honestly wanting to protect the defendant's neighborhood it should therefore follow that the statement cannot be considered harassment of the officer.

[excon]

Hello w:

I don't think you'll find case law to support your position. I can't imagine you can PROVE that the judge felt the way you say he did, unless he SAID as much in the transcripts...

If you want the judge to reconsider his decision, you'll need to PROVE all the stuff you're saying about the parole officer and you can't really... Without PROOF, it's all speculation, and the judge isn't bound to consider it.

You can file a motion to reconsider, and an appeal after that. But if all you've got is what you THINK, ain't nothing going to happen.

excon

[Fr_Chuck]

And of course PO don't place people in any area, the person on probation for sex offense has live away from specific area but besides that they only inform the PO where they live.

I do not understand your complaint.

Next the first judge most likely would not have had to recluse themselves, but did so because there was a motion for it by someone. Judges and police officers and PO often know each other very well because they are in court time and time again. In fact it is that trust in a officers word and testomony that is often counted on in court.

Also what is the court case for, the PO or the judges feelings about each other has little to do with the actual case, Most judges don't like sex offenders to start with, but their feelings don't mean they rule against them

[wallabee4]

Excon,

The judge was trying a complaint about harassment. All the supposed harassing was bogus nonsense and the judge stated such as to plaintiff: "I wasn't born last night" and stated that he was reaching for the denial papers when he then heard the statement said that defendant had voiced he suspected PO (plaintiff) of bias in an unrelated sex offender issue and the judge stopped and said that he changed his mind about the case right then and there and his demeanor changed and he suddenly decided the defendant had intended nothing but harassment of the PO to have dared to suggest that the PO might not ethically do his duties based upon personal bias and ethnic prejudices. It seems way off the mark for that to have been harassment since it was a valid concern voiced about the unrelated issue. But it rubbed judge the wrong way and that's the only issue he stated in judgement that he felt was harrassment/ Yet it seems obvious that personal bias is a valid consideration in any officer of the law performing his/her duties. Sure. Ethically they should rose above but it's not harassment to state one's belief they might not.

[excon]

Hello again, w:

The judge sounds like an a$$hole, but it also sounds like he didn't abuse his discretion.. I don't want to discourage you, but I don't think you have a chance in hell.

excon

[wallabee4]

Excon,

Just in case someone else her on-line doesn't, wanted to let you know I, personally, love your candor. Thanks.

[excon]

Hello again, w:

You're welcome.. I wish I could have offered something to hang your hat on.

excon