Making things worse for women litigants, California has its own version of Todd Akin.
Sadly on the LA bench in the form of Orange County Judge Derek Johnson, who some say sits on the front lines of the war on women. This came to light after a prosecutor asked Judge Johnson for a 16 year sentence for a rapist and Judge Johnson complained the rape victim didn't fight back enough. In 2012.
Judge Derek Johnson said from the bench, in front of the victim, that the case was "worth" just six years. Judge Derek Johnson was bothered that the victim was too terrified to report her rape for 17 days although the victim's rapist threatened to mutilate her face with a heated screwdriver...after he beat her with a metal baton. The rapist also made other
violent threats before committing rape, forced oral copulation, and
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:
And that's just the beginning for LA
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"In the commission's view, the judge's remarks reflected outdated,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.
We highly recommend firing any attorney who does not move to bounce Commissioner Friedenthal upon assignment, as allowed by CCP 170.6. This includes attorneys provided by the County or State to poor litigants who may feel they have no voice. This is incorrect, they do. Prior to hearing a case, California residents get one free bounce. Use it.
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."
Commissioner Friedenthal is now in a closed court judicial officer. This does not bode well for any kind of "justice."
Commissioner Friedenthal also has a habit of reading internet postings litigants made about him and announcing "I'm not going anywhere." (The founder of this site is not in family, juvenile, or probate court.)
As the chances Commissioner Friedenthal will undergone a personality transplant are frankly nil; we urge everyone to use their one, free, preemptory challenge. to increase their chances of litigating before a courteous, unbiased, not prone to exparte communications, judge.
[Sidebar] It's worth noting every member of the Judicial Commission voted for a public admonishment of Commissioner Friedenthal, except Erica R. Yew.