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Disciplinary Counsel v. O'Neill9/7/2004
her courtroom. Judge O'Neill made a record of the events of the morning. She stated that all the motions were ruled on, that after checking with Judge Cain she was told that Judge Martin did not have vacation until the following Wednesday and that the parties assured her trial would be complete by Friday, and asserted that even if Judge Martin was leaving Friday that "what we routinely do in the court because we are busy" is to break the trial over the holidays and come back in February to complete the trial. She went on to state that Judge Martin refused to accept case because "he did not feel qualified or competent to handle a case of this magnitude."
She related that she had spoken to Judge Cain and that "I'm going to move that he (Judge Martin) be terminated from the visiting judge program for refusing to take the case that he does not have authority to refuse to take." (Exhibit 478 pp. 4-5) Judge O'Neill testified at hearing that all motions "filed in accordance with the pretrial order" had been ruled on by the morning of trial. She admitted that there was no entry filed, however, she recalled she and her staff attorney working on them and printing them off when all of "the confusion" occurred as to whether the case was going to be heard or be continued. (Transcript Vol. XVI -- 214-215).
202. McFadden and Cohen described Judge O'Neill's demeanor while she made these statements as harsh and angry. Judge Martin's daughter, Mary Jane Martin was sitting in the "very crowded" courtroom waiting for a criminal case she was assigned as an assistant county prosecutor. Mary Jane Martin described Judge O'Neill's tone as castigating and chastising and when Judge O'Neill stated the reason that her father had refused the case her tone changed to "pitying this poor, old, doddering fool who is not competent." (Transcript Vol. XIII -- 221-223). Mary Jane Martin got up and left the courtroom, and asked a colleague to handle her case before Judge O'Neill that day because she "was going to say something and I didn't think that prudent in my professional career." (Transcript Vol. XIII -- 223)
203. STATE V. CRIBB: Testimony taken from Marielle Dimitrew (victim assistant)(Transcript Vol. XII -- 175-207) David Zeyen (prosecutor)(Transcript Vol. XII -- 207-238), Judge O'Neill (Transcript Vol. XVI -- 197-212, XVII -- 126-128) (Exhibits 498-504) (Relator's Exhibit AA)
204. Andre Cribb was indicted on multiple counts of attempted murder, felonious assault and abduction. His victims were a mother, Leslie Seals and her daughter, Laura Seals. Cribb was the boyfriend of the daughter. Cribb beat the daughter and mother in one incident. Leslie Seals had clumps of her hair torn out then Cribb broke a toilet top over her head and cut her neck with shards of broken porcelain.
205. Leslie Seals was present for the trial accompanied by a victim assistant, Marielle Dimitrew (Franklin County prosecutor's office, victim witness assistant since 1999, M.S. in Social Work) as well as her daughter Laura Seals and her (new) boyfriend. On the morning of trial David Zeyen, the assigned prosecutor (admitted 1997, Franklin County prosecutor since 1997) offered a plea to Cribb and discussed it with Seals and Dimitrew. (Transcript Vol. XII --196-197, 211-212)
206. Leslie and Laura Seals and the boyfriend were sitting in the courtroom waiting for the plea to occur. Dimitrew sat directly behind them in the courtroom for 10 to 15 minutes. Dimitrew saw them whisper to each other but could not hear what they said. As Zeyen stood up to begin to read the plea, Judge O'Neill, on the bench, screamed in an angry, explosive voice that there is no talking in her courtroom and that they are to leave.
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