A trial by your peers

A jury trial by your peers is bound to lead to problems when you live in New Jersey.

"Rarely had there been such a chasm between how the government and a judge viewed the same case." - Star-Ledger

Feb 29, 2008 - Trying to find a jury for a 2-3 month trial of Newark Mayor Sharpe James hasn't been easy for the court as two people told U.S. District Judge William Martini they didn't want to leave their jobs for the two-to-three month duration of the trial even though they would still receive their salaries. One included a teacher to whom the judge lectured.

About 90 minutes later, Martini interviewed a Ridgewood music teacher, who said although his school district would continue to pay his salary, he didn't feel comfortable being away from his students' lessons and performances.

``A big part of our educational system is teaching students the importance of civic duty,'' Martini gently reminded the Pompton Plains resident.
``I would feel more comfortable being there,'' the potential juror told the judge, who unsuccessfully tried to change his mind.

``Explain that to the political science teachers in your school system. I mean that,'' Martini said as he excused the teacher.

TT - It's New Jersey, for God's sake! These people voted for Sharpe James. Lecturing them about civic responsibility is a wasted effort. James, is also a Democratic state Senator. [Holding two elected offices has been a tradition in N.J.]

SENTENCED (Sorta) July 31, 2008 - Sharpe James was sentenced to prison for 27 months at a (as described by the New York Times,)

simmering five-hour hearing in which he rebuked the prosecution for “heartlessly” adhering to a bureaucratic form of justice. The prosecution had asked for 20 years.

BIZARRE comments by the judge.

In rendering the sentence, Judge William J. Martini of United States District Court blistered the prosecution, saying he was “shocked and disappointed” by the sentencing request and questioning the contention that the James administration had been corrupt for years.

“Don’t talk about a history of corruption unless you can prove it,” Judge Martini, a former Republican congressman, scolded Judith H. Germano, the chief prosecutor in the case. “I don’t want to hear these allegations of a corrupt administration, he’s all-powerful, he didn’t do any good. I’m supposed to throw out the history of a man’s life for misconduct he committed at age 69?”

TT - Well, actually, you should. A lifetime of service is no defense in a criminal court and it should not be a factor in sentencing, not if there is equal justice under our laws. Otherwise, public service is a license to break the law. Federal sentencing guidelines called for a prison term of between roughly 10 to 15 years, according to a report by the U.S. Probation Department.

Judge Martini was a one-term Congressman who was appointed to the Federal court in 2002 by President Bush.

See Parole Board member praises Sharpe James as role model (July 25)
See Asbury Park press editorial calling for a long sentence for James. (July 26)
See Parole board member once worked as aide to Mayor James (July 28
See The Record editorial "Editorial: Catch and release" (July 31)

See Cast of characters in the trial of ex-Newark mayor
One of James' attorneys is married to author and columnist Anna Quindlen. The other defended top aide to James, Jackie R. Mattison, in 1997. Mattison got 41 months in federal prison for accepting $17,000 in bribes to steer city contracts to an insurance broker, who was also convicted. Other clients included men convicted of being mobsters. [Mattison was also a New Jersey State Assemblyman during that period that he was Chief of Staff for James.)

See James sentence points to shift in Judiciary (Star-Ledger) (July 30)

Rarely had there been such a chasm between how the government and a judge viewed the same case. James and his attorneys walked out of court almost like victors, while U.S. Attorney Christopher Christie vowed to appeal the sentence, something his office does only a few times each year.

See In Newark, More Weariness Than Anger at Sentence (NYTimes) (July 31)