See all Judge Judith Hayes posts.There was no gag order in this case, nor was there a temporary injunction. Inexplicably, the judge issued a permanent injunction that this blogger should never mention the name of Stutz, Artiano, Shinoff & Holtz law firm.
For the past year I've gotten the chills every time I thought of the years Judith Hayes spent as a criminal judge. If she treated me with so much contempt, and disregarded the law in my case, I reasoned she must have done the same thing to at least some criminal defendants, particularly the ones who didn't have their own lawyers. (Public defenders are so overworked they simply don't have time to give a lot of time to each defendant.) I wonder how many falsely-accused people went to jail because of Judith Hayes.
Click on image to enlarge.
See the injunction on which this ruling is based. According to case law, this injunction is wildly unconstitutional.
I was surprised recently when I read that Judith Hayes was actually ousted from the criminal courts. I was further surprised that her removal was not for behavior such as what I have witnessed. In fact, she was boycotted by Bonnie Dumanis because of her surprising leniency to at least one particular criminal defendant:
...Hayes was boycotted just months after Dumanis took office in 2003. The former state and federal prosecutor now hears civil cases in downtown San Diego.
She was challenged soon after dismissing murder charges in the middle of a trial against Michael Savala, who was accused of fatally shooting two bouncers at a Bonita restaurant after the prosecution had presented its case...
--San Diego Union Tribune
Here's the problem with what Judge Hayes' decision, and the reason Bonnie Dumanis was so outraged. The killer went home and got a weapon and came back and committed the murders. That's definitely NOT a classic crime of passion. There is a BIG question here, which requires the taking of evidence and a jury's finding of fact (not a judge's): what was the killer's psychological state? Judge Hayes isn't God. She doesn't know the answer to this question. A more restrained and respectful jurist would have had the jury decide this question. But this leaves me wondering why Judge Hayes did this. What would possess a Republican conservative to suddenly go soft on a criminal?
I have to agree with Bonnie Dumanis that Judge Hayes can not be trusted to appropriately apply the law.
The injunction ruling on which the above contempt finding is based is being appealed.
RELATED STORY: BLOG BLOCKED IN CHINA
See posts about Google and China.
It's a mystery why this blogger removed an important story from her blog in China. I'm thinking she probably didn't get a call from Judge Judith Hayes. I'll bet she got a call from someone even scarier.
Hong Kong entertainer removes sensitive news story from mainland Chinese blog
By Min Lee (CP)
Apr 1, 2010
HONG KONG — A Hong Kong actress-singer has removed a news story about an activist's court case from her mainland Chinese blog, purportedly to placate angered fans, underscoring the difficulty of navigating sensitive subjects in China's tightly controlled cyberspace.
Hong Kong entertainer Gigi Leung on Wednesday posted an excerpt of a news story about the trial of Zhao Lianhai on her blog hosted by mainland Internet company Sina Corp., Leung's agent, Jacky Wong, told The Associated Press in a phone interview Thursday.
Zhao had advocated on behalf of parents whose children were sickened in a tainted milk scandal and pleaded innocent to charges of inciting social disorder on Tuesday.
But Leung removed the posting later the same day, Wong said, sparking speculation that the Hong Kong actress-singer was bending to Chinese censors. "Gigi Leung is muzzled," Hong Kong newspaper Apple Daily wrote in a headline...
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