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Disciplinary Counsel v. O'Neill9/7/2004
e. Judge O'Neill testified that she made the phone call because her bailiff was out that day and she was concerned that the matter be scheduled as quickly as possible although Judge O'Neill's bailiff did not enter such an order until more than a month later on June 27, 2000. (Exhibit 65) (Transcript Vol. V - 87-91) Vaughan testified that several days later she did receive a voicemail message from Judge O'Neill, which did ask what the prosecutors' office intended to do with the case and whether it should be scheduled back on the docket. Vaughan deliberately did not return the call to Judge O'Neill based on her discomfort with the first phone call. Instead, after consulting others in her office she left a message with the bailiff directing the inquiry to attorneys in the appellate division of the office, which had handled the appeal. (Transcript Vol. I - 275-276).
33. MONTOYA: Testimony was taken from Rebecca Pokorski (Franklin County Public Defender)(Transcript Vol. I -- 287, II -- 8-41), Kevin Mulrane (Head of the Common Pleas Unit, Franklin County Public Defender)(Transcript Vol. 41-91), Michael Jakubow (Assistant Franklin County Prosecutor)(Transcript Vol. II -- 91-125), Professor Lewis Katz (Transcript Vol. IV -- 8-80), Judge William J. Corzine (Transcript Vol. XI -- 155-183), Judge Richard E. Parrott (Transcript Vol. XI -- 183-212), former Judge Ann Marie Tracey (Transcript Vol. XII -- 35-87) Judge O'Neill (Transcript Vol. V -- 91-113, VI 202-210, VII -- 7-8,117,134-135) (Exhibits 76 -- 102).
34. Lozaro Montoya was charged with multiple felony counts related to witness intimidation. He did not speak English. At arraignment he was unable to make the bail set of $20,000 and was in jail when the case was assigned to Judge O'Neill. The Franklin County Public Defender was assigned to represent him on October 13, 2000. The public defender assigned, Rebecca Pokorski (a staff attorney with the office since 1991), requested discovery from the prosecution. The case was set for a pre-trial on October 24, 2000. Pokorski, who had not received discovery, met with her client in the holding cell for the first time that day and spoke with him through an interpreter. Pokorski met with Michael Jakubow, the assigned prosecutor who consented to a continuance of trial. The defense orally requested and presented an agreed entry to Judge O'Neill allowing a continuance of the trial date then set for November 15, 2000. Pokorski explained that she had not received any discovery from the prosecution and that all the witnesses and her client were Spanish speakers and that complicated contact with them. Judge O'Neill denied the continuance.
35. After the October 24, 2000 pretrial, Pokorski filed a written Motion for Continuance, a Motion for Recusal of Judge O'Neill and a Motion to Substitute Counsel, which were all denied. On the trial date of November 15, 2000 Jakubow had not been able to locate his witnesses. As a result of discussion between Judge O'Neill and counsel it was agreed that Montoya would waive speedy trial time and in return he would be released on a personal recognizance bond with house arrest and orders not to contact the complaining witnesses. Judge O'Neill told the parties that the trial was rescheduled in two weeks on November 28, 2000. Pokorski advised the Court that two weeks was insufficient time to prepare: the prosecution witnesses still had to be found and made available for interview, the Thanksgiving holiday and a two-day death penalty seminar and other previously scheduled cases would not allow preparation within that time. Judge O'Neill declined to adjust the date any further stating that counsel would be prepared and trial would proceed on that date.
36. On the Nove
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