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Disciplinary Counsel v. O'Neill9/7/2004
mber 28, 2000, Pokorski was not prepared to try the Montoya case. She had discussed the options available if trial commenced to preserve Montoya's rights with her supervisor, Kevin Mulrane, and planned to refuse to participate in the trial should Judge O'Neill begin the trial. She had 3 other cases set for jury trials that day. That morning she checked the availability of the other judges set for jury trials and learned the Judge Johnson was available on a case older than Montoya. She told Judge O'Neill's bailiff that she was starting a jury trial with Judge Johnson and went to clear her last case, a revocation hearing before Judge McGrath. Returning to the ninth floor she was told that Judge Johnson had decided to start another jury trial. At that point she went into Judge O'Neill's courtroom and spoke to Judge O'Neill informing her if the Montoya trial commenced Pokorski would not participate in the trial. She recalls a brief, nervous but respectful exchange. She left to do a bond revocation hearing elsewhere (Transcript Vol. I -- 306-310) Montoya was present sitting in Judge O'Neill's courtroom with some family members and the interpreter.
37. Completing her work, Pokorski returned to Judge O'Neill's courtroom and was met by the interpreter who told her that after she left, the judge revoked Montoya's bond and had him arrested. (Transcript Vol. I -- 311) In a transcript recorded outside the presence of counsel, Judge O'Neill stated, "The Court has been informed by defense counsel that she will not participate in the trial. I gave the defendant a bond last week over the objection of the prosecutor under the condition that she knew it would go to trial today or be nollied. The bond is therefore revoked. This is a witness intimidation case and it will be either tried today or it won't; but in any event the Court did not intend for this person to be out on bond any longer than today, so the bond is revoked." (Exhibit 94, p. 1) Judge O'Neill also completed a case-processing sheet that noted "Bond revoked. Ct only gave short bond b/c defendant would not waive time at the last trial date, defendant and counsel knew this was a definite trial date." (Exhibit 78)
38. At the time Judge O'Neill revoked Montoya's bond and had him arrested in the courtroom no request for revocation had been made. Judge O'Neill admitted that no conditions of Montoya's bond had been violated. Judge O'Neill admitted that she did not record in any document when the bond was issued that this was a "short bond", only good until the trial date. Neither Jakubow nor Pokorski recall any discussion about a time limitation on the bond when it was issued. Neither had ever heard of a "short bond" in name or concept. The only thing that had changed, as stated by Judge O'Neill on the record was Pokorski's refusal to participate in the trial because she had not had the opportunity to prepare. Judge O'Neill denied that she never saw or spoke to Pokorski before going on the record that morning. (Transcript Vol. V -- 99-111)
39. Montoya was held in the courtroom lockup until noon when the prosecution "nollied" the case because of defects in the indictment. At that time he was ordered released after he was processed through the jail. Pokorski characterized the incident as frightening for him, being Spanish-speaking and not understanding why he was being arrested. (Transcript Vol. II - 31) Pokorski's supervisor, Kevin Mulrane was present in the courtroom at the conclusion of this matter. Later that day Mulrane was called to meet with Judge O'Neill who complained that Pokorski treated the judge with disrespect and shadily. Mulrane discussed problems created for the Public Defender by Judge O'Neill's practice of holding very early pretri
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