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Disciplinary Counsel v. O'Neill9/7/2004
heard Judge O'Neill say something about a vacation. Righter's counsel then conveyed to him that Judge O'Neill would revoke his bond if trial started. Shortly thereafter Righter, Turner and Dominy noticed a group of deputies enter the courtroom and after asking about the reason for their presence were told that the deputies were called to take someone into custody for a bond revocation. (Transcript Vol. II -- 186, 197, 223) Righter overheard part of another sidebar discussing the prosecution witnesses and then Judge O'Neill said directly to Righter " you get your witnesses down here today." (Transcript Vol. II - 208-209). Dominy described his client as "probably anxious" that morning. (Transcript Vol. II -189) Further plea negotiation occurred between counsel as voir dire began and the prosecution offered a plea with reduced charges and a sentence of 18 months. Righter accepted. "Based on the advice from my counsel, and the fact that I couldn't have my witnesses there and I was going to be sitting in jail regardless until the case was over until she got back from vacation which could have been, I didn't know when, but I had to do something or I was going to do 12 years in prison for something that wasn't my fault. I couldn't prepare a defense." (Transcript Vol. II - 203)
45. Turner believed the plea was reasonable and fair but was concerned that it was coerced by Judge O'Neill's threats to revoke the defendant's bond during trial. (Transcript Vol. II - 234-235) Turner was contacted and interviewed by private counsel for Righter's family investigating the circumstances of the plea several months later but the matter was not appealed. (Transcript Vol. II -- 227, 234-235)
46. Judge O'Neill testified that she had noticed that Righter exhibited a lot of "agitation or tension" and "in and out activity" in the courtroom the morning of March 20, 2000. She maintained that she stated her concerns about his conduct and behavior to Dominy, Frost and Turner (Transcript Vol. VI-180) but did not ask his lawyers to calm him down. (Transcript Vol. V -- 123) She testified that she said: "If he wants to go to trial, we're going today. And that basically if he continues to act that way, or I continue to have concerns about that, then, yes, that is a possibility. I could revoke his bond, not would revoke his bond if he went to trial." (Transcript Vol. VI -- 128) She acknowledged that she did not make any note of the behavior she described. She testified that Courtroom Deputy Carolyn Bostic told her that she called for additional deputies that morning due to Righter's behavior. (Transcript Vol. V-122) Carolyn Bostic testified that she was on a medical leave of absence from January 25 through April 25, 2000 and could not have been present for these events. (Transcript Vol. XVIII - 3-5)
47. COX: Testimony taken on behalf of Relator from Allison Cox (defendant)(Transcript Vol. II -- 237-266), Ronald Welch (prosecutor)(Transcript Vol. II - 266-276), Judge O'Neill (Transcript Vol. V -- 14 -- 14) and on behalf of the Respondent from Ronald Janes (defense attorney)(Transcript Vol. VII -- 247- 289) and Judge O'Neill (Transcript Vol. VI - 168-177) (Exhibits 115 -- 128).
48. Allison Cox, a registered nurse, was charged with one count of burglary and one count of domestic violence against one of her adult daughters in September 1999. Mrs. Cox had a three-month old nursing baby and two other children at home at the time. Cox had a previous criminal conviction from 1990 relating to this daughter who had a behavioral history of ADHD, explosive temper and depression. Cox had spoken to the victim the evening before trial and was not sure she would appear and testify. Cox arrived at 7:30 am with nursing infant
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