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ALBANY---In October, the state Commission on Judicial Conduct ruled that Albany City Court Judge William A. Carter had engaged in "egregious" misconduct for coming down from the bench and angrily approaching a defendant and having to be "physically blocked" by a police officer from pursuing the defendant.
Now that inmate has filed a $2 million federal civil rights suit against the judge, claiming pain, suffering and a lasting fear of the judiciary. His suit alleges that Carter acted "outside the scope of his official duties".
Talib Alsaifullah, 46, filed the litigation pro se Monday in the U.S. District Court in Albany. He is currently incarcerated at the Albany County Correctional Facility.
Alsaifullah has been arrested in August, 2004 and charged with third degree assault. He was incarcerated in lieu of $5,000 bail set by Albany City Court Judge Thomas K. Keefe.
In October 2004, Carter arraigned Alsaifullah on an additional charge of loitering which also allegedly occurred in August 2004. He set bail at $500 and Alsaifullah remained incarcerated. Cartner ordered that Alsaifullah be produced in court on Nov. 22, 2004, as a result of a letter Alsaifullah had written to the court expressing concerns about the sufficiency of the accusatory instrument charging him with assault and about the representation provided him by the public defender.
At the Nov. 22, 2004, proceeding, Alsaifullah was represented by an assistant public defender, who stated at the outset of the proceeding that it was his understanding that the defendant wished to discharge the public defender and proceed pro se. Respondent questioned Alsaifullah concerning his contention that the accusatory instrument was defective because he had not been given a copy of the domestic incident report or advised by the court that he had a right to be prosecuted by Information as opposed to complaint.
Carter allowed the defendant to argue his position, and after the defendant became agitated and said he no longer wanted to participate in the proceeding because he claimed it was illegal, the judge became angry and, without adjourning the proceeding, abruptly removed his glasses, got up from the bench, removed his judicial robe and dropped it to the floor and proceeded rapidly in the direction of the defendant, in a manner indicating his purpose was to confront the defendant.
The commission said that Carter was upset at the time of the incident and does not recall what he was thinking at the time he proceeded toward the defendant, but agrees that his conduct indicated his intent to confront the defendant.
One witness present in the courtroom heard respondent say of or to the defendant, "You want a piece of me?" Carter said he does not recall making this statement, because he was upset at the time of the incident, but he does not deny making the statement.
As the judge left the bench, a police officer who was responsible for guarding the defendant in the courtroom, quickly removed the defendant from the courtroom through a clerk's office. Another police officer physically blocked the judge's path by placing himself in front of the judge who was headed in the direction of the clerk's office. Carter tried to go around Officer Leonardo by stepping to one side and then another, but Officer Leonardo continued to block respondent by sidestepping along with him each time. Although respondent came within inches of the officer, he didn't touch the officer, and the officer did not touch or use physical force to restrain the judge. Officer Leonardo suggested that Carter leave the courtroom by another door. The judge complied with Officer Leonardo's suggestion and did not pursue the Alsaifullah. 12-13-06
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© 2006 North
Country Gazette
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