Judge who loses temper in court uses PTSD as an excuse.

[Baitball Blogger]

Hard for me to take sides on this issue. Obviously, the initial reaction is to side on the side of empathy. Man served his country so we should look the other way. Unfortunately, living in Florida, I have seen community leaders use their military service all too often to explain abuses in power. There is no question that too many use this as a chit to get something they feel they are owed.

I don't know how one goes around finding a solution to a problem that is all too large in a state that has such a large retired military community. We are at a cross roads where we are expecting leaders to put other people's interests ahead of their own, and this is just not what we're experiencing in Florida. If they do have military service, shouldn't we expect them to set the example?

Florida judge in outburst case offers PTSD defense

A suspended Central Florida judge whose courtroom outburst caught national attention is defending himself in a new documents to the Florida Supreme Court.

The state's high court is weighing a punishment for Brevard County Judge John C. Murphy, who recently disclosed he suffers from post-traumatic stress syndrome — even though his legal team and an expert previously said he doesn't have PTSD.

Murphy said he developed the condition from military service in Afghanistan.

"It is shameful to suggest that a man who served his country in the military should now be prevented from serving as a judge because of his combat 'injury,' as the special counsel does here, even though he served with distinction in both war and on the bench," a document from Murphy's attorney says.


http://www.orlandosentinel.com/news/breaking-news/os-judge-john-c-murphy-defense-ptsd-20151202-story.html

[csziggy]

1. I would have more sympathy if he had not hidden his PTSD

From the link in the OP:

The JQC held a hearing in Brevard County last year and his PTSD diagnosis didn't come up at that time or afterward before the deadline for the judge to file additional information, records say.

"What is clear is that during the entire pendency of the JQC's inquiry … Judge Murphy, through his doctors and legal counsel, consistently maintained the he did not suffer from PTSD," the special counsel said in a court record.

Maybe he was not ready to admit it to himself but to hide it from the inquiry and not come back and claim PTSD as an excuse is dishonest.

[Baitball Blogger]

2. He became an example of why these facts are pertinent BEFORE they get hired.

Last edited Wed Dec 2, 2015, 03:07 PM - Edit history (1)

That is a hard conclusion that I am reaching in these cases that involve community leaders. Is military service itself a sacred cow that we are afraid to touch and question? And is this becoming a known factor that is being abused by many community leaders who think they can use it to deny someone their Civil Rights?

[Downwinder]

3. Can he be impartial if PTSD affects his decision making process?

[Baitball Blogger]

5. Rational questions like this are offensive in Florida.

[Downwinder]

7. I don't understand why his Bailiff and court staff did not

prevent the altercation. I can only assume that he has intimidated them with previous behavior.

[Baitball Blogger]

8. I don't know if this is particular to Florida,

but there is an almost Jim Jones reverence to titles. I have even seen it manifest through the newspaper. If they identify a city as a dominant Mayor format, or a City Manager format, it's like they give that person a license to break whatever laws they want to break.

You wouldn't think that a newspaper would operate this way, but that's what happens when you live in a community that believes it is still living out the Frontierland era.

[cloudbase]

4. I'd like to know what his MOS was.

Last edited Wed Dec 2, 2015, 03:03 PM - Edit history (1)

If it's JAG, I wouldn't be too willing to swallow the PTSD claim.

[yeoman6987]

6. I'd like to know more. I carefully at this point agree with you.

No matter the reason, he needs to get help before even getting close to the bench again.

[Orrex]

9. I should think that this would potentially subject many of his rulings to appeal

If it can be convincingly shown that his judgment was impaired during a trial or sentencing, an aggressive attorney would think nothing of appealing on those grounds.


Perhaps someone could advise His Honor of the ameliorating impact that marijuana has been shown to have on PTSD symptoms.

[Baitball Blogger]

10. Point, Set and Match.

It becomes a slippery slope when you begin to establish exceptions for community leaders.

[lpbk2713]

11. He gets a hefty paycheck because it is his job to stand in judgement of others.

He never should have taken the job if he could not perform adequately.

[Baitball Blogger]

12. This has never stopped anyone in Florida.

That's my main concern. Usually, they get away with it because there are no rolling cameras when they hit these pinnacles.

[lpbk2713]

13. I think his career as a judge would be over ...

if someone came forward who was a former defendant in a case he sat on and denied them the use of PTSD as a defense.

[LiberalAndProud]

14. Oh, for pity's sake!

Even if I were convinced this judge suffers from PTSD, which I'm not, it is a disorder which should disqualify this judge, by definition.

What an utter ass!

Murphy got upset June 2, 2014 when Assistant Public Defender Andrew Weinstock would not waive a client's right to a speedy trial.

Their argument was captured on a courtroom video-monitoring system in Viera, but the fight then moved into the hallway, where the two men could be heard struggling and cursing.

A Brevard County deputy reported seeing the men grabbing each other.

"You know if I had a rock, I would throw it at you right now," the JQC quoted Murphy as saying. "Stop pissing me off. Just sit down. I'll take care of this. I don't need your help. Sit down."

To that, Weinstock said, "You know what? I'm the public defender. I have a right to be here, and I have a right to stand and represent my clients."