A retired judge from California is under fire for allegedly making disgusting remarks about an HIV-positive murder suspect, the Desert Sun reports.
Former Riverside County Superior Court Judge David B. Downing is accused of refusing to read any motions filed by Kaushal Niroula because the defendant is HIV-positive and the documents were delivered in envelopes that had been licked closed.
“Lord knows where his tongue has been,” Downing purportedly said.
The alleged remarks were made in 2012 during a break in the jury selection process. Niroula was on trial alongside co-defendant Daniel Garcia for the 2008 murder of retired art dealer Clifford Lambert. The courtroom mics were switched off at the time, but Garcia left his laptop on and was secretly recording what was going on unbeknownst to anyone else in the room.
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Upon being discovered, the recordings were confiscated and have been tightly sealed ever since, so it cannot be confirmed whether Downing actually made the remarks. But official transcripts show he was later confronted about them in court. He didn’t deny making them, instead claiming he was free to say whatever the hell he wanted.
“It is a commentary regarding my health status and not reading my given motions because you are concerned about where my tongue has been are inappropriate, your honor,” Niroula said, according to the transcripts.
To which Downing replied, “I don’t care what you think. I can say what I want. The First Amendment protects me. I can say what I want.”
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Later, the transcripts show Garcia tried explaining to Downing that it was “difficult to proceed in a trial” knowing that the judge had “made fun” of Niroula’s HIV status and wouldn’t consider his motions because of the envelopes they came in.
“What do you care what I said about Mr. Niroula?” Downing interjected. “Worry about yourself right now.”
When Garcia said he was “personally offended” by the comments, Downing replied by asking, “So what is your point?”
Niroula and Garcia were eventually found guilty of the murder. They are now using Downing’s alleged remarks to appeal their convictions. The DA’s Office has not yet decided how it will proceed, but a spokesperson says the office may need to review the sealed recordings “to ascertain what occurred and when.”
When asked for comment on the matter, Downing told the Desert Sun he barely remembered the trial or what he may or may not have said.
“Who knows?” Downing said. “I don’t know what was said five years ago.” Then he added, “Off the top of my head, I didn’t say that stuff.”
He followed that up by saying it was “the fairest trial ever–and then some.”
Downing retired in 2013 but returned to the bench part-time in 2015. He remains on a court roster of retired judges who occasionally fill vacancies on smaller cases when needed.
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h/t: Desert Sun
dexdexter
Old dirty man was too stupid to have ever been a judge. Bigotry in America is out of control. Trump is proof of the problem.
Nahald
For sure.
Stache
Why does he even care. He looks like he’s got 5 years of life left anyways. What an ignorant dumb shit. Not sure how this would effect an appeal though.
1EqualityUSA
What a burnt-out human, contempt.
Frank
This is the same judge who is on his knees at glory holes in the court houses with the promise of reducing sentences for a hot load shot down his throat…typical hypocrisy
Heywood Jablowme
Maybe the defendant was one of those dainty types who uses a tiny sponge to seal envelopes?
Jaxton
This is hilarious because HIV is one of the most difficult viruses to catch.
Jack Meoff
And to think that people like him are in a position to make judgements that affect peoples lives
PinkoOfTheGange
I know what the DA is thinking: “I hope they made this all up…oh please let them of made this all up.”
This is a very trumpian statement though: “He followed that up by saying it was “the fairest trial ever–and then some.”
1EqualityUSA
Trumpian hands too.
Heywood Jablowme
On the other (small) hand, “he barely remembered the trial” so he doesn’t have one of the best memories ever. Sad!
StupidBoy
All I have to say is “undetectable = untramsitable”, but I don’t the status of the sending person’s health status. Either way, you can’t get it from an envelope, dufus.
Artiewhitefox
People who inject people with a substance that removes fingernail polish called Acetone and weed killer called glyphosate and lead and aluminum in vaccinations will make up fear giving names and acronyms. I am just scratching the surface of all of the bad things is n so called beneficial shots that have nothing good in them. Use this to prevent symptoms. Upcspine.com, NUCCA.org, Thespesific.com or Upper Cervical Health Centers. Don’t be measured by them the day of a hit to the head, accident or fall. Wait 4 – 5 days. If you can be treated by Steven Duff, Windsor, California or Richard Duff, San Francisco, California.
FnameLname
If you were injected with something that removes fingernail polish that might explain why your post is making no sense. Best of luck to you and yours – I get the feeling the struggle has only just begun.
Artiewhitefox
People who inject people with a substance that removes fingernail polish called Acetone and weed killer called glyphosate and lead and aluminum in vaccinations will make up fear giving names and acronyms. I am just scratching the surface of all of the bad things in so called beneficial shots that have nothing good in them. Use this to prevent symptoms. Upcspine.com, NUCCA.org, Thespesific.com or Upper Cervical Health Centers. Don’t be measured by them the day of a hit to the head, accident or fall. Wait 4 – 5 days. If you can be treated by Steven Duff, Windsor, California or Richard Duff, San Francisco, California.