A Los Angeles County Superior Courtroom decide who was overseeing a homicide trial has been disciplined for sending a textual content message to a former colleague within the district lawyer’s workplace to query the prosecutor’s trial technique.
The textual content messages resulted in Choose Emily J. Cole’s public censure, the strongest sanction {that a} judicial fee can impose on a decide, wanting being faraway from the court docket. Cole served as a deputy district lawyer in Los Angeles County for 13 years till she was elected to the bench in 2020 and began her first time period the next yr.
The Fee on Judicial Efficiency reviewed Cole’s conduct that stemmed from an April 28, 2023, court docket listening to throughout a homicide trial, based on a fee report printed Might 28.
“Choose Cole’s misconduct is severe and undermined the integrity of, and respect for, the judiciary,” Fee Chairperson Michael Moodian stated within the report. “Choose Cole’s conduct in sending textual content messages to her former colleague throughout a homicide trial was antithetical to her position as a decide. She tried to place a thumb on the scales of justice, crossed the road from an neutral judicial officer to an advocate, and displayed neither neutrality nor knowledge.”
Cole presided over the homicide trial of Travis Rockhill. It was the second trial on the identical prices as a result of in the course of the first trial Rockhill made an allegedly incriminating remark in entrance of the court docket’s bailiff, Los Angeles County Sheriff’s Deputy Randy Smalls, based on the fee report.
Throughout the second trial, Smalls was assigned to a separate courtroom however was made accessible as a witness for both the prosecution or Rockhill’s protection.
Throughout the April 28 listening to, Rockhill testified in his personal protection. After the jury was excused for the day, Cole spoke to the attorneys, who each stated off the document that they didn’t plan to name any extra witnesses.
Deputy district lawyer Yujin Yi was prosecuting the case and Peter Garner from the Alternate Public Defender’s workplace represented Rockhill. Whereas the events stated they didn’t plan to name any extra witnesses, the proof portion of the trial was ongoing. Yi had not rested the prosecution’s rebuttal part, based on the fee report.
The proceedings earlier than Cole on that day concluded at 3:53 p.m., and fewer than a minute later the decide messaged her former colleague, deputy district lawyer Kevin Sexton, who had noticed Rockhill’s testimony earlier within the day from contained in the courtroom, based on the fee.
Cole wrote, “She’s not calling Smalls after that??? Why??”
Sexton responded, “Not a clue.”
Cole wrote again, “Possibly folks ought to speak it over together with her??”
The fee concluded that Cole implied that Yi ought to have referred to as Smalls to testify and somebody within the D.A.’s workplace ought to get that message throughout to Yi. Finally, Yi didn’t name Smalls to testify in the course of the rebuttal part, the fee report stated.
After each events rested their instances, the jury deliberated for about six days and returned a responsible verdict towards Rockhill, based on the fee report. He was sentenced to 25 years to life in jail, based on court docket information.
After the decision was delivered, Sexton notified Yi of Cole’s textual content messages. The next day, the DA’s workplace notified Rockhill’s protection lawyer on the Alternate Public Defender’s workplace and Supervising Choose Denise McLaughlin-Bennett.
McLaughlin-Bennett contacted Cole on Might 12, 2023, concerning the textual content messages and requested her to “disclose the communication on the document, and recuse herself [from the case], on her first day again at court docket on Might 15, 2023,” based on the fee report.
Cole disclosed on the document the textual content messages to the attorneys on either side throughout a court docket listening to. She indicated the messages have been despatched “after both sides rested, after hours,” based on the court docket information. She stated that the messages have been “inexcusable.”
McLaughlin-Bennett criticized Cole’s framing of the state of affairs and instructed her to “objectively state what occurred in chronological order with out attempting to attenuate, clarify or distort info.”
The fee stated the attorneys within the case had not rested their arguments when Cole despatched the textual content message and messaged Sexton throughout work hours. Cole modified her assertion within the court docket document on Might 26, 2023, to make clear that “either side had rested their case-in-chief” however that too was deceptive, based on the fee’s findings, as a result of it appeared that Cole was attempting to attenuate her actions and the timing was inaccurate.
Her “false and deceptive statements” within the court docket’s minute orders and a letter to the fee violated a number of canons within the California Code of Judicial Ethics, the fee discovered.
The fee additionally famous that this was Cole’s first disciplinary matter and he or she acted to reveal the messages to all of the events concerned and accepted accountability in individual to a supervising decide and in writing to the fee. Cole additionally admitted that her preliminary makes an attempt to reveal the textual content messages have been inaccurate, and he or she agreed within the fee’s stipulation on the matter. 9 members of the fee authorised the stipulation for self-discipline on Might 15 of this yr.
Cole’s lawyer, Paul Meyer, stated in an announcement that she “deeply regrets, and has realized from, her inappropriate communication. She earned a repute as an neutral jurist and is embarrassed by this remoted momentary lapse. She took instant accountability and emphasizes that this is not going to occur once more.”
Cole’s time period as decide ends in January 2027.
