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