Even to unbiased courtroom observers, Friday’s ruling by Judge Joan Comparet-Cassini that Judge Charles Sheldon had mishandled the landmark trial of two local medpot Joes — namely, Joe Grumbine and Joe Byron, who in December were convicted of illegal sales of cannabis at their three collectives (two in Long Beach) — was just.
“It was a terrible trial,” Comparet-Cassini said at the end of Friday’s hour-long hearing. “It was unfair. It was a terrible trial.”
The list of actions taken by Sheldon that Comparet-Cassini found incredulous was long and varied. Some of the highlights:
- In the trial transcript, it is not until Page 1,004 that Sheldon sustained one of the defense’s objections, even though several of those objections were run-of-the-mill types of objections that are typically sustained (e.g., to a lack of foundation).
- Sheldon talked to the jury about 402 Hearings (which concern the admissibility of evidence) — hearings that, by their very nature, are meant to be conducted without juror knowledge.
- After defense attorney Alison Margolin was reduced to tears in a hearing outside the presence of the jury, Margolin asked for time to compose herself before the jury was brought in. Sheldon declined, and brought the jury in to witness a still-crying Margolin. (“What kind of message does that send to the jury?” Comparet-Cassini asked rhetorically.)
- Sheldon ruled prosecutorial photographic and video evidence as relevant — without having viewed the evidence.
- Sheldon failed even to question four jurors who he was told had read an article covering the trail.
- During the trial Sheldon sent a letter to prosecutor Jodi Castano complimenting her on what a fine job she was doing.
“These things keep adding up,” Comparet-Cassini said, nearly at a loss for words. “I mean, it keeps adding up.”
One phrase Comparet-Cassini found and invoked several times Friday to describe Sheldon’s actions: “abuse of discretion.”
Hearings for Grumbine and Byron’s new trial begin next month, with the trial tentatively slated to begin in late summer.