Though the victim reported the criminal threats the next day, she did not report the rape until 17 days later which prompted Judge Derek Johnson, a former DA in the sex crimes unit to remark,
THE COURT: I just found the threats to be technical threats.
I found this whole case to be a technical case.
The rape is technical. The forced copulations is technical.
It's more of a crim law case than a rape case - I don't know
what else to say.
Judge Derek Johnson also said this:
"I'm
not a gynecologist, but I can tell you something: If someone doesn't
want to have sexual intercourse, the body shuts down. The body will not
permit that to happen unless a lot of damage is inflicted, and we heard
nothing about that in this case,"
(Judge Johnson also said he'd seen vaginas shredded by rapists. Makes us wonder how long he looked at the pictures.) The Judicial Commission did not man up so to speak; but chose to ding Judge Derek Johnson with an ever so tiny wrist slap.
"In the commission's view, the judge's remarks reflected outdated,
biased and insensitive views about sexual assault victims who do not
`put up a fight.' Such comments cannot help but diminish public
confidence and trust in the impartiality of the judiciary," wrote
Lawrence J. Simi, the commission's chairman.
But hold the phone, Martha. This isn't Derek Johnson's first rape rodeo. Check out his Technical Rape mindset in the case of Reza Gurel.
Prosecutors have a duty to make Johnson's courtroom go dark. His courtroom is a costly waste of taxpayer dollars.
The sheer variety of charges the Judicial Commission found against Alan Friedenthal, were breathtaking in their range. From ex-parte communications, to making jokes at the expense of litigants. The Commission found Commissioner Friedenthal also appeared embroiled in cases and our near-favorite, "conveyed the appearance of bias." Our favorite was "failing to disclose on the record information that was reasonably relevant to the question of disqualification."