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Disciplinary Counsel v. O'Neill9/7/2004
is revoked and the deputy is ordered to take him in. I need a deputy here." Woerner asked what that meant and Siewert told him he was being arrested. Judge O'Neill then volunteered, "Because you are late. You should have been here at nine-thirty."
(Exhibit 200, p. 3) Siewert and Woerner explained to Judge O'Neill that Woerner went to the Municipal Court building and Judge O'Neill stated, "His notice was for this building. I'm getting tired of this." Grego, the court reporter, made a contemporaneous record in her diary of these events and testified that when Woerner refused to take the plea the judge revoked his bond and put him in jail. Grego was not surprised because "she had made remarks like that before to other defendants, that if they didn't take the plea, that she would revoke their bond." (Transcript Vol. IV -- 159)(Exhibit 250)
73. On the criminal case processing sheet Judge O'Neill entered a capias and bond forfeiture order and but also noted: "Defendant appeared at 9:55.' (Exhibit 209) On March 9, 2000 Judge O'Neill signed an order of forfeiture that falsely stated that Woerner had not appeared on March 2, 2000. (Exhibit 210)
74. Siewert testified he was 'stunned'. He testified that the appearance of these events and his belief was and is that his client had his bond revoked for rejecting the plea bargain. (Transcript Vol. IV -- 99,130-131) There were no other explanations given to the parties at any time that day by Judge O'Neill for the revocation other than lateness. Siewert had never had a defendant's bond revoked for less than half-hour tardiness anywhere. He testified that the rule of thumb in Common Pleas and Municipal Court was that if a client was more than a half-hour late there could be problems. Christian Domis was surprised when Judge O'Neill revoked bond, he had never seen it before or since; the victim was not concerned for her safety and he knew of no reason for revocation from the prosecution's position. (Transcript Vol. IV -- 142)
75. Siewert had smelled alcohol on Woerner when he arrived that morning and said the judge's bailiff, Karen Moore, had remarked on it. When Siewart first spoke to his client he was agitated because he was late and "it took a second to calm him down" but Siewert didn't see any other notable behavior after that. (Transcript Vol. IV - 126-127) Siewert never thought that Woerner was intoxicated or not capable of making decisions that morning. Siewert testified that his client was never closer to Judge O'Neill than 20 feet away and Woerner was silent and respectful in the courtroom. (Transcript Vol. IV - 105)
76. Deputy Brenda Judy took Woerner into custody and was with him in the lockup about one-half hour. She didn't smell alcohol and had no issues with Woerner's behavior. Siewert spoke to his client in the lockup once. He sought out Judge O'Neill's bailiff, Karen Moore, and asked that Woerner be returned the next day to the court in hopes that he might do something regarding the bond revocation to help Woerner's situation. Siewert believed that Woerner's situation couldn't get any worse than it was at that point. (Transcript Vol. IV -- 97-98, 124) Deputy Judy testified that after Siewert left Karen Moore returned to the lockup 3 times and each time asked Mr. Woerner about accepting a plea to avoid jail. Judy believed this was being done at the direction of Judge O'Neill. These visits all took place before 11:35 am, the time on the U-10 form the Deputy filled out just before the Woerner was taken to the jail. (Transcript Vol. IV -- 199-200) Grego testified per her diary that Judge O'Neill left that day for lunch at 11:35 am (Exhibit 250) Judge O'Neill testified that she had no knowledge of Moore's visits w
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