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August 20, 2004
State takes action vs. side-door judge
BY SCOTT SHIFREL and MICHELE MCPHEE
DAILY NEWS STAFF WRITERS
A Queens judge has been slapped with formal disciplinary charges
for sneaking a robbery suspect out of her courtroom so he could
elude arrest, sources told the Daily News.
State Supreme Court Justice Laura Blackburne has been notified
of the charges by the state Commission on Judicial Conduct, according
to several sources familiar with the case.
Blackburne is required to respond to the charges and then appear
for a formal hearing before the commission, possibly as early as
fall.
The commission can sanction, admonish or remove Blackburne from
the bench if she is found guilty after the formal hearing. The panel
also could vote to dismiss the complaint or caution the judge privately
about the matter.
The judge ignited a furor on June 10 when she ordered a court officer
to escort the suspect, Derek Sterling, out a side door of Queens
Supreme Court so he could avoid police.
Sterling was in court for a review of his status in a court-ordered
drug rehabilitation program. But authorities said Blackburne had
been alerted that NYPD Detective Leonard Devlin was waiting outside
her courtroom to arrest Sterling for his alleged role in the brutal
robbery and assault.
Police Commissioner Raymond Kelly, as well as the heads of police
and court officer unions, blasted Blackburne for aiding the escape.
Sources said the judicial conduct commission immediately launched
an investigation.
Yesterday, commission officials declined comment on the case, citing
state confidentiality laws. But several sources familiar with the
case told The News that charges had been filed. It was unclear which
specific violations had been cited.
Blackburne was out of the country on vacation and could not be
reached yesterday. Her attorney, Richard Godosky of Manhattan, declined
comment.
Union officials reacted positively to the news.
"I am gratified to learn that the commission has concluded
the judge's conduct was inappropriate enough to warrant charges,"
said Detectives Endowment Association President Michael Palladino.
"She has the right to a hearing, and they are going to call
witnesses."
Palladino said Devlin is "one of the many witnesses who will
be called."
The clash with cops was not the first time Blackburne had incurred
the wrath of the NYPD.
In 2002, the judge occasioned a furor when she dismissed attempted
murder charges against a man accused of shooting a police officer
in 1999. She claimed prosecutors had failed to meet the six-month
deadline for bringing the man to trial.
Yesterday, Patrolmen's Benevolent Association President Patrick
Lynch said his members will not be satisfied until Blackburne is
permanently removed from the bench.
"In charging Judge Blackburne with violating judicial ethics,
the Commission on Judicial Conduct has reinforced police officers'
trust in the system," Lynch said.
Raising eyebrows
Feb. 22, 1992
Laura Blackburne resigns from her post as Housing Authority chairwoman
under then-Mayor David Dinkins after criticism that she spent $341,000
to decorate her executive offices, including $3,000 for a pink leather
couch.
November 1998
Appointed as a Queens judge, Blackburne rules that although defendant
Alvina Toombs bit Officer Wayne Brooks on the thumb, the action
was "more than justified" because of Brooks’ "brutality."
Blackburne finds Toombs not guilty.
December 2002
Blackburne dismisses an assault charge against William Hodges,
who was accused of shooting Detective David Gonzalez during a 1999
drug bust in Jamaica, Queens. Blackburne said Hodges had been denied
his right to a speedy trial. Prosecutors say some delays were caused
by the defense and that the judge was "mathematically incorrect"
in calculating the speedy-trial violation.
June 10, 2004
Blackburne orders a court officer to take suspect Derek Sterling,
who was in court to give a progress report on his drug rehabilitation,
out a side door to avoid arrest in a robbery case.
June 14, 2004
Blackburne is reassigned from Queens Criminal Court to Civil Court.
Yesterday
State Commission on Judicial Conduct issues formal charges against
Blackburne.

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