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Disciplinary Counsel v. O'Neill9/7/2004
hich would have been inappropriate and believed Judy's testimony about both Moore's visits and about Woerner's general condition was incorrect. (Transcript Vol. V - 215-216)
77. The next day, March 3, 2000, Woerner was returned to Courtroom 9A. Domis recalled being paged around lunchtime. In an off the record conversation Siewert and Domis testified that Judge O'Neill suggested that the prosecution offer a misdemeanor plea and stated that the sentence would be the same as if he plead to the F-5. Domis offered a misdemeanor, which was accepted and Woerner was sentenced by Judge O'Neill to probation and released that day. (Transcript Vol. IV -- 100-101,144-146) (Exhibit 201)
78. The Answer to the Amended Complaint about the Woerner case stated," The defendant was obviously intoxicated" ( 216) "Even if the defendant wanted to plea she (Judge O'Neill) would be unable to accept the plea, since the defendant was under the influence." ( 217) "Woerner was immediately taken into custody, out of concern for the victim's safety. ( 218) "Judge O'Neill did not revoke his bond solely because he was late for Court; rather the bond was revoked after she had an opportunity to observe his demeanor and after affording the defendant an opportunity to provide just cause for his actions." ( 218) "Mr. Woerner was indignant, refusing efforts to resolve the case between the State and his counsel." ( 218)
79. Judge O'Neill was asked: "What about his conduct and demeanor said to you he was intoxicated? A. Agitated, agitated just -- I guess I use the words earlier under Righter, kind of gave the impression like he was there to take issue with everything, pick a fight, kind of just not happy he was there, and, quite frankly, what was going through my thought process is this individual is going to leave here, and he's going to go home and take it out on the person who caused this complaint to be filed. That's the kind of air that I felt." (Transcript Vol. V - 205)
80. Judge O'Neill testified that her bailiff slipped her a post-it note that said she smelled alcohol on Woerner, (Transcript Vol. VI -- 164-165) Judge O'Neill testified that the reasons the bond was revoked, "were not as much the lateness issue, although that certainly is a grounds to revoke a bond, but also his conduct, his demeanor, the whole circumstances of his appearance on that day." (Transcript Vol. VII - 128) Judge O'Neill acknowledged that none of her concerns about his demeanor or appearances were stated to counsel or put in the record and that it was only after the grievance was filed that she learned the Siewert had smelled alcohol on his client. (Transcript Vol. V -- 113, 219)
81. On April 17, 2000 Judge O'Neill's signed an Entry of Judgment for $5,000.00 against Woerner for the bond forfeiture. That judgment remained on the record at the time of this hearing. Judge O'Neill testified that this was an error and should not have happened. While testifying about this situation she asked this hearing panel's approval to enter an order vacating the judgment against Woerner.
82. SMILEY: Testimony taken from Angela Bolognone (prosecutor) (Transcript Vol. IV -- 202-243), Ralph Kerns (defense attorney)(Transcript Vol. IV -- 243-278), Angela Canepa (Supervising prosecuting attorney, Abuse Unit)(Transcript Vol. IV -- 278-305), Judge O'Neill (Transcript Vol. V -- 232-248, VII -- 19-32, 139, 176-182) (Exhibits 227-249).
83. James Smiley was an 18 year old indicted on two counts of corruption of a minor, fourth degree felonies. Smiley had had a liver transplant in 1995 and was basically homebound and home-schooled. (Transcript Vol. IV -- 244) The case was scheduled for trial on October 5, 2000
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