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Disciplinary Counsel v. O'Neill9/7/2004
refused to dress. (Exhibit 471 p. 8) McCoy tried to tell Judge O'Neill that Carrington had refused to dress out at the jail. According to Schwaigert, Judge O'Neill again yelled in a loud voice at McCoy, whipped around in her chair, pulled open a file drawer to get a copy of memo from the month before and ordered her bailiff to make copies for the deputies. Judge O'Neill stated that she wanted someone reprimanded about this incident. (Transcript Vol. XII -- 97 -- 98) (Exhibit 471 p. 8, U p.2) McCoy then called for her supervisor, Lieutenant Michael Herrell (22 years sheriff, now a Major, Lieutenant in charge of Court Services in 1999). Herrell arrived and investigated, obtained the "refuse to dress" record from their office and gave a copy to Judge O'Neill's bailiff. (Exhibit W p.3) Sgt. Charles Austin testified that he arrived at the courtroom and found that "Deputy McCoy was still upset so I relieved her and stayed in the courtroom" (Transcript Vol. XII -- 165)(Exhibit X). McCoy, Schwaigert, Herrell and Austin all wrote up incident reports reporting these events. (Exhibits U, V, W X)
190. Herrell concluded in his report that policy was followed by the deputies and staff involved. (Exhibit W p.3) No reprimands were issued. Herrell has never had an incident with a judge he had to write up in this way. (Transcript Vol. XII -- 155)
191. Judge O'Neill testified that she did not yell and did not behave in an unprofessional manner with the deputies or attorneys that morning. She testified she was upset that Carrington was not dressed and did not learn until 'substantially later' why he was not dressed. She did not demand that someone be reprimanded.
(Transcript Vol. XVI -- 185 -- 188) In her Answer at she plead that "Sgt Austin has indicated to me that the events as alleged are inaccurate and if he relieved Deputy McCoy it was for a break as is customary." Judge O'Neill testified she "specifically recalled talking to Austin either later that day, the next day or shortly thereafter where he indicated to me exactly what I had alleged in my response." (Transcript Vol. XVI -- 191) As to the statements attributed to him in the Answer, Sgt Austin testified that "I don't think I said anything in that verbiage like that.... there's a chance I might have said something like don't worry about it..." (Transcript Vol. XII -- 165)
192. NOVEMBER 30, 1999: Testimony taken from Denise Schwaigert (Transcript Vol. XII -- 101-122), Judge O'Neill (Transcript Vol. XVI -- 193-197)
193. On November 30, 1999, Schwaigert was assigned to Judge O'Neill's courtroom. Jury selection in a criminal trial was going on. Schwaigert had observed the defendant's interaction with Judge O'Neill as getting hostile. The defendant kept talking over Judge O'Neill. An attorney from an earlier plea walked up rapidly and asked as he passed Schwaigert if he could enter the lockup. Schwaigert nodded "yes" and from bench Judge O'Neill shook her head "no." Schwaigert recognized that she should not have allowed this and arranged for the attorney to leave the lockup through the adjoining courtroom. Judge O'Neill had her bailiff go over to remind Schwaigert that no one is to go into the lockup when a jury was present.
194. When break in the trial was taken, Judge O'Neill came off the bench as Schwaigert had the defendant unrestrained walking back to the lockup. Judge O'Neill walked toward Schwaigert with the defendant between them. The defendant was within arms length of Judge O'Neill with Schwaigert behind him. Judge O'Neill yelled at Schwaigert about allowing the attorney into lockup while the jury was present. Schwaigert was shocked and alarmed, as Judge O'Neill had compromised Schwaigert and h
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