Pubdate: Sat, 05 May 2007
Source: Charlotte Observer (NC)
Copyright: 2007 The Charlotte Observer
Contact:  http://www.charlotte.com/mld/observer/
Details: http://www.mapinc.org/media/78
Authors: Melissa Manware and Gary L. Wright
Bookmark: http://www.mapinc.org/pot.htm (Marijuana)
Bookmark: http://www.mapinc.org/find?246 (Policing - United States)
Bookmark: http://www.mapinc.org/corrupt.htm (Corruption - United States)
Bookmark: http://www.mapinc.org/find?247 (Crime Policy - United States)

JUDGE SENT TO NEW JOB AFTER COMPLAINTS

Officers' Remarks About Norelli Were a Factor, Chief Judge Says

After complaints from Charlotte-Mecklenburg police about her rulings, 
District Judge Nancy Norelli has been removed from criminal court and 
reassigned to hear divorce, child custody and child support cases. 
Chief District Judge Fritz Mercer told the Observer on Friday the 
complaints played a role in his decision to move Norelli to family 
court last month. Officers had questioned Norelli's judgment in 
dismissing charges and acquitting defendants in cases involving 
drugs, guns, drunken driving and assaulting police officers.

Norelli, 56, responding to the complaints, said she tries to do 
what's right in her courtroom and she knows the law.

"I regret that some police officers disagree with my rulings to the 
extent that it has become a departmental issue," she said. "The 
police have their job to do, and as a judge, I have my job to do. 
Police officers and judges do not always see eye to eye, but the 
system is designed to provide fair and equal treatment under the law."

Norelli, who said she didn't know until Friday that police complaints 
had anything to do with her reassignment, acknowledged that she's 
made mistakes over the years, but called the criticism from police 
"hurtful." But the judge quickly added: "I stand behind my 
decisions." It is unusual for a judge to be moved because of 
complaints against him or her, and some lawyers worry the decision 
could have a chilling effect on judges, who are supposed to be 
independent and shielded from outside pressure. Keeping track of 
complaints Charlotte-Mecklenburg police Maj. David Graham said he 
heard numerous complaints about Norelli and started collecting 
details early last year to determine whether a problem existed."It is 
highly unusual for us to go to this length," Graham said, "but our 
officers are out there risking their lives and working hard... and 
cases are being dismissed that shouldn't be dismissed."

On Friday, the Observer obtained copies of e-mails police officers 
sent to Graham. Officer Jeff Wheaton wrote that he'd been assigned to 
Judge Norelli's courtroom for three years and had seen the judge 
dismiss many drug and gun cases. "I feel that I have tolerated this 
too long and request a different courtroom," the officer wrote. "I 
take great pride in my career and the work that I do with CMPD, and 
am tired of seeing all of these efforts wasted away." Among other 
e-mails, officers complained that Norelli: Dismissed charges of 
resisting arrest and assault on an officer, after saying police 
lacked probable cause for stopping the suspect's car. The officer 
said he stopped the car because it fit the description given by a 911 
caller about a burglary.

"Imagine if this was a homicide case ...and we got the suspect, 
weapon, and fruit of the crime, and the judge threw the case out 
based on a 911 call being hearsay and not enough reasonable suspicion 
to stop the vehicle," Detective Stephen Parker wrote.

Found a defendant not guilty of possession of marijuana even though 
an officer said he saw the man smoking what appeared to be marijuana, 
smelled it on him, and found a burning marijuana cigarette on the 
ground where he'd been standing.

Refused to hear from an officer who said he had information about a 
suspect lying on the stand. Norelli acquitted the man, who was 
charged with carrying a concealed weapon and resisting an officer. 
"This is disturbing to me because I risked my life to fight a suspect 
with a gun, who if I had not gotten him away from it and secured him, 
could have used it on me," Officer Charles Gunter wrote in an e-mail. 
On Friday, Norelli said it was inappropriate for the officer to 
approach her at the bench. No witness, she said, is permitted to 
approach after a case has been completed.

"If he had concerns that a witness had committed perjury, he should 
have taken that up with the assistant district attorney," Norelli 
said. The judge didn't recall the other two cases and said it's 
impossible for her to know now whether the e-mails accurately reflect 
the evidence presented to her in court and why she made her decisions.

"I did what I thought was right at the time," she said. Complaints a 
factor Mercer told the Observer he likes to reassign judges every few 
years so they learn about different types of laws, but acknowledged 
the complaints were part of his decision to move Norelli.

"It's not unusual for police to complain about judges," Mercer said. 
"But they don't generally come to my office to complain." Assistant 
District Attorney Bruce Lillie, who heads the team that prosecutes 
District Court cases, said Friday he'd heard a lot of complaints from 
officers about Norelli and some prosecutors were frustrated with some 
of her rulings. Lillie said he met with police to talk about their 
concerns. He also helped prosecutors prepare to address the judge if 
they felt she was making a decision contrary to law. But Lillie said 
his office did not go to Mercer with concerns.

Norelli has never been disciplined for misconduct, said Paul Ross, 
executive director of the N.C. Judicial Standards Commission. Ross 
said complaints against judges are not public unless the commission 
brings formal charges. Norelli, a former head of the Mecklenburg 
County Bar, said she was shocked to hear about the police complaints 
and surprised Mercer had not told her about them.

She has been a judge since 2000. Before the judgeship, she ran her 
own law firm, working in general practice, helping people with issues 
like child custody and estate planning.

In 1977, she became the first female lawyer at one of Charlotte's 
better-known firms: Smith, Helms, Mulliss & Moore -- then Helms, 
Mulliss & Johnston. In 1986, she became a partner at Kennedy, 
Covington, Lobdell & Hickman, one of the first women to reach that 
milestone at a major uptown firm. Worry about 'chilling effect' 
Defense attorneys James Gronquist and Theo Nixon worry that Norelli's 
removal from criminal court will have a chilling effect on other 
judges. "Judges should be deciding cases based on the law -- not 
worrying about politics and special-interest groups," Nixon said.

Gronquist said Norelli's removal from the criminal court is 
"disgraceful." The defense lawyer said Mercer should not have 
succumbed to pressure from the police and reassigned her.

Nixon praised Norelli. "I think Judge Norelli is an honorable, fair 
and impartial judge. She treats everybody fairly. If police don't 
follow the law, she acquits or dismisses cases -- as she should." 
Norelli said she has a tremendous respect for police officers and 
recognizes the dangers of their jobs.

"I like to think defendants aren't always the losers," the judge 
said. "I listen to both sides. That's what fairness is about in our 
criminal justice system. I put my heart and soul in that courtroom. I 
try hard to listen and to treat everyone fairly."

"Does everyone go away happy? That's not possible." 
- ---
MAP posted-by: Richard Lake