MM - Fitzgerald Turned Down ARD on "Principle"

Allentown blogger Michael Molovinsky is reporting that Christopher Fitzgerald, who was acquitted earlier this week of charges filed in connection with a road rage incident involving two Lehigh County detectives, spurned an ARD offer on principle.

ARD, which stands for Accelerated Rehabilitative Disposition, is a special program for first offenders under which charges will be dismissed and record expunged after the successful completion of a probationary period. The District Attorney has total discretion on deciding who is and is not eligible. The fact that he was willing to offer it here is an indication that he was aware that the case against Fitzgerald had its weaknesses. But it also demonstrates that he was trying to be fair.

By refusing this offer and insisting on a jury trial, Fitzgerald plunged into a world of uncertainty. Lots of things can happen in a jury trial. Most of them are bad for criminal defendants. He is a very lucky man.

I have also spoken to several criminal defense lawyers who have appeared in front of Judge Kelly Banach. To a man, they have told me they consider her very courteous and patient. Although the news accounts certainly made her look biased in my eyes, I was not there and I believe it is unfair of me to make that assessment without watching her in action.

A Biased Judge Gets Put in Her Place

I told you yesterday that I thought Lehigh County Judge Kelly Banach exhibited bias in the prosecution of Christoper Fitzgerald. When she marched into her courtroom on Monday, the first thing she did was demand an apology from his lawyer, who by his own admission had over-reacted to her refusal to give a specific jury instruction that she later gave anyway, in response to questions from the jury itself. her demand, made right before the case was going to the jury, was designed to elicit the apology she got. She had it in for Jack McMahon, and was going to put him in his place. Of course, he apologized. He's no fool. And then he went on to win the case.

Now she's been put in her place. And I doubt she'd get an apology if she asked for it now.

I was discussing this topic at length with fellow blogger Michael Molovinsky yesterday, explaining that McMahon is a proper bastard and every defendant has the right to effective representation.

"I acknowledge your expertise in matters like this," Molovinsky told me.

"You mean on the law?" I asked.

"No, on bastards."

I guess I got put in my place, too.