A rare personal reminiscence:
I was in court today—on a case in which a cop named KEVIN ROGHNEEN broke my client’s arm in three places. She’s in her 40’s, a cancer survivor and never had so much as a traffic ticket. The pictures of her injuries are ghastly—the cop caused permanent nerve damage.
I’ve filed a number of motions in the case, (I’m representing her because many years ago she worked in our office. She’s a lovely woman and I promised to help her—I’m trying), most recently a motion to dismiss in the interests of justice.
It was denied today by Judge Ralph Fabrizio. Who makes me want to….
I’ll spare you the tirade about him but he’s insufferable. I’m fairly certain that he never even read the lengthy pleading I filed. Nor, I think, did he even look at the photos I attached, or the medical records or the letters from the community.
It’s funny—the last time the case was on Judge Ethan Greenberg urged me to file the motion. Knowing a bit about the case he called it an obvious Clayton dismissal. I told him that Judge Fabrizio would never do it but he urged me to file it anyway (which, with some effort, I did).
I was right, Fabrizio couldn’t have cared less. But here’s what got me: he denied the motion because she filed a lawsuit against the city.
I kid you not—he said (and I have the minutes and am quoting)
“I think the fact that there is a ten million dollar lawsuit really means that the court should not be dismissing this criminal case”
Nice huh? The judge bases his decision not on the merits but on an attempt to protect the city from deserved liability.