The civil trial of a U.S. magistrate judge began recently, in State Supreme Court for her alleged assault of an attorney's wife during a dispute over an outing on Grindstone Island in August 2006.
Lisa Margaret Smith, chief U.S. magistrate judge for the U.S. District Court for the Southern District of New York, White Plains, was sued in October 2006 for punching Julie L. Purcell, of Jamesville, in the face. Judge Smith is being represented by Kevin E. Hulslander, of Syracuse, who argued in his opening statement that his client was provoked by the use of a lot of foul language from Mrs. Purcell. While not denying that Judge Smith had assaulted the plaintiff, Hulslander stated that all the judge may have done was slap Mrs Purcell as she did not stop mouthing expletives in the presence of several children including the Judge's own.
The dispute took place over an incident that had taken place on the previous night when two of Mrs. Purcell's daughter's and a third teenager, had their clothes stolen while they were swimming in the nude off Potter's Beach. Mrs. Purcell brought up this subject around the campfire next night and claimed that the judge's nephew had witnessed the whole incident and could possibly identify some of the miscreants. Judge Smith denied Mrs. Purcell's claims which angered her and caused her to verbally abuse the judge in front of several people including many children.
While Judge Smith's attorney alleges that there was severe provocation for the Judge's extreme reaction, Mrs. Purcell's attorneys are trying to portray her as an innocent victim.
To read the whole article click here.
Lisa Margaret Smith, chief U.S. magistrate judge for the U.S. District Court for the Southern District of New York, White Plains, was sued in October 2006 for punching Julie L. Purcell, of Jamesville, in the face. Judge Smith is being represented by Kevin E. Hulslander, of Syracuse, who argued in his opening statement that his client was provoked by the use of a lot of foul language from Mrs. Purcell. While not denying that Judge Smith had assaulted the plaintiff, Hulslander stated that all the judge may have done was slap Mrs Purcell as she did not stop mouthing expletives in the presence of several children including the Judge's own.
The dispute took place over an incident that had taken place on the previous night when two of Mrs. Purcell's daughter's and a third teenager, had their clothes stolen while they were swimming in the nude off Potter's Beach. Mrs. Purcell brought up this subject around the campfire next night and claimed that the judge's nephew had witnessed the whole incident and could possibly identify some of the miscreants. Judge Smith denied Mrs. Purcell's claims which angered her and caused her to verbally abuse the judge in front of several people including many children.
While Judge Smith's attorney alleges that there was severe provocation for the Judge's extreme reaction, Mrs. Purcell's attorneys are trying to portray her as an innocent victim.
To read the whole article click here.
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