Judges Behaving Badly: Franksolich, Be Wary!

[Gratiot]

Circuit Judge Richard Albritton locked up David Paul Brian on Thursday for 10 days after he asked a bailiff what she intended to do with an oversized swab.

Brian, 36, had pleaded no contest to charges of possessing a controlled substance and drug paraphernalia and was placed on three years probation. Albritton ordered a standard DNA sample to be taken from Brian, which is done by a bailiff using a large swab to collect DNA from the inside of his mouth.

Brian, who told the judge several times that he was hard of hearing and having trouble understanding what was going on, went to the bailiff and allowed himself to be fingerprinted without incident. But as the bailiff was taking out the swab, Brian could be heard asking what it was going to be used for. Brian asked at least twice when another bailiff came over, pointed his finger at Brian, then led him from the courtroom.

Newsherald.com - Panama City, FL

[thundley4]

Why was he being finger printed in court, and why was a DNA sample ordered at that time?  Isn't that more the duty of the police officers that do the arresting?

[Gratiot]

This is from a judge who had his son let go without any penalties for leaving the scene of an accident while drunk driving five months ago.

Who required as a condition of probation that a defendant attend church. When advised by the staff
attorney that this was unconstitutional, responded, "I know that's wrong, but the defendant doesn't know it."

Who's been fined, scolded, and suspended numerous times by the Florida Supreme Court.

The Smoking Gun Article on this Judge from 2005, Detailing the Florida Judicial Investigation Commission Voting that Probable Cause Exists on 36 Ethics Complaints and Douchbaggery, to Begin Formal Charges.

Editorial, Relating to Grievous Misconduct on the Bench by this Judge

Florida Supreme Court Opinion: Questioning His Competency to Be a Judge, Suggesting He Be Charged with Criminal Misconduct, and Suggesting Further Hearings on the Matter.

[Gratiot]

Why was he being finger printed in court, and why was a DNA sample ordered at that time?  Isn't that more the duty of the police officers that do the arresting?

Albritton (The Judge) ordered a standard DNA sample to be taken from Brian, which is done by a bailiff using a large swab to collect DNA from the inside of his mouth.

Brian, who told the judge several times that he was hard of hearing and having trouble understanding what was going on, went to the bailiff and allowed himself to be fingerprinted without incident. But as the bailiff was taking out the swab, Brian could be heard asking what it was going to be used for. Brian asked at least twice when another bailiff came over

It appears, things are just done differently in Florida.  Why the judge is asking for a DNA sample, over a simple possession charge is beyond me.

[franksolich]

My guess is that the guy's voice was a turn-off to the judge.

That happens.

We get on people's nerves that way.