I-Team: Judge Married Woman, Suspected Abuser
Couple Involved In Domestic Violence Case
March 16th, 2010 – BALTIMORE COUNTY, MD
The 11 News I-Team has uncovered a decision by a judge to marry a suspected abuser and his fiancee on the same day he was supposed to hear a criminal complaint against the man in court.
The I-Team obtained audio recordings of the incident that happened last week.
In the recording, Baltimore County Judge Darrell Russell performed the marriage, clearing the way for the case to go away without prosecution, I-Team lead investigative reporter Jayne Miller said.
The alleged assault occurred in late November. Police were called to a home on Hawthorne Road in Middle River and, according to court documents, the woman in the house reported she'd been assaulted by her boyfriend.
The woman reported her fiancé smacked her in the face, kicked her in the side, banged her head against a wall and dragged her toward the door.
The reporting officer noticed visible injuries to the victim, including a bloody nose and a swollen face near the eye.
The boyfriend, 29-year-old Frederick Wood, was arrested and charged.
Last Wednesday, Wood appeared in district court in Essex for trial on charges of assault, but when the case was called, his lawyer proposed a whole different idea.
"He's asking for a postponement so he can go out and get married, come back and resolve the case. His wife will then invoke her privilege," the defense attorney said.
The lawyer was referring to the marital privilege that prevents a spouse from being required to testify against his or her husband or wife, Miller reported.
Wood and his fiancee weren't married, but the judge stepped in to fix that.
"Well, why don't I just marry them today in court?" Russell said.
"Well, your honor, if we could go and get the license now, I think that would be acceptable to all the parties," the defense attorney responded.
The judge advised that Wood and his fiancee would have to go to Towson to the circuit court where marriage licenses are issued, but he assured the defendant that he'd be available that same day to officiate the wedding.
"I'll marry them this afternoon," Russell said.
The marriage license was issued at 11:26 a.m. Two hours later, Wood and his fiancee were back at court in Essex and were married by Russell in his office, Miller reported.
The criminal case resumed 20 minutes later.
"Your honor, Mr. Wood now has his marriage license with him," the defense attorney said.
"I can take notice of that because I just married them -- performed the ceremony -- back in my chambers," Russell responded.
Wood's new wife then took the witness stand and invoked her marital privilege, Miller reported.
The case came to an abrupt end, with the judge making a parting comment.
"Mr. Wood, I found you not guilty, so I can't sentence you as a defendant in any crimes, but earlier today, I sentenced you to life married to her," Russell said.
Nowhere on the recording of the proceeding could the I-Team hear the judge ask the alleged victim if she wanted to get married.
Ordinarily, couples have to wait 48 hours between getting a license and actually getting married. A different judge agreed to waive that requirement in this case, Miller reported.----------------------------------------------------------
This makes me wonder about the power we give judges and how we deem them worthy. After hearing so many terrible injustices done to people by judges, I wonder if our judicial system is set up the best way it can be. My roommate asked if I think judges should be elected, but that involves even more politics than appointing, so it doesn't seem like a good plan either.
It makes me think back to the confirmation of Sonya Sotomayor, when there were arguments whirling around about what a good judge really is. We all have biases, so what biases make people the “best” judges? Is there even such a thing as a “best” judge.
I think it is somewhat mindblowing overall to think that we just select people from our population that have the privilege of always being right (unless a superior judge says otherwise of course). But eventually, we need to give authority to someone about what is right and wrong. It is just strange to me that the reason a particular person has that authority derives from nothing but their status as a judge. I think this amounts to a parent's “because I said so” remarks. Because he/she is the parent, he/she has the final say, regardless of his/her ability to make the best decision. Alternatively, there are many situations when the reason a parent has the authority is more clear and specific- “because I've been there before” “because I know what happens when you do that” “because I am wiser” “because it's my job to protect you.” Sometimes, I wish we could choose judges for trials based upon their expertise. But of course, I know this creates another level of potential bias rather than an easy route around it.
I'll end with simply a sigh of frustration for the system, and a facepalm for Judge Darrell Russel.
Reading this story made me throw up a little in my mouth. Did anyone think that the judge was placing this women in an even more difficult situation to escape? It's hard enough for victims of domestic violence to leave their abusers without our legal system enforcing even more difficulties.
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