Trial of Kevin Epps: Judge Ferrall explains himself
Reviewing his own conduct, Ferrall demonstrated just how untethered he has been all along. He equated the dissatisfaction of both defense and prosecution as proof of his fairness. The post Trial of Kevin Epps: Judge Ferrall explains himself appeared first on San Francisco Bay View.
Black News 
by Aïda Jones
On Monday, April 20, in San Francisco Hall of Justice Courtroom 13, Judge Brian Ferrall denied Kevin Epps bail pending appeal. What followed was more than an hour of a judge explaining himself.
Earlier this year, a jury found Epps — filmmaker and Executive Editor of the San Francisco Bay View Newspaper — guilty of manslaughter. Ferrall sentenced him to six years and eight months, saying his hands were tied.
But in Monday’s hearing, reviewing his own conduct, Ferrall demonstrated just how untethered to constraint he has been all along. He equated the dissatisfaction of both defense and prosecution as proof of his fairness. He spent considerable time explaining why his own rulings could not possibly lead to dismissal or resentencing.
Then he turned to the defense’s claims of prosecutorial misconduct and called them barely above frivolous. This would be unremarkable, except for the prosecutor in question. As noted by Tim Redmond in 48Hills, Jonathan Schmidt is the same attorney whose conduct in United States v. Blueford helped establish Ninth Circuit precedent on prosecutorial misconduct. The case is cited in appellate guides nationwide as a textbook example of what not to do. That the word “frivolous” would appear in any sentence about Schmidt’s conduct requires a certain confidence.
Ferrall went further. He questioned the judgment of two District Attorneys — who declined to prosecute Epps — and declared that Epps should have faced a jury long ago and must now begin serving his sentence immediately. He added, more than once, that if an appeal is granted, he is certain his rulings will be affirmed.
After two-plus hours in Ferrall’s courtroom, I walked away thinking: The lady doth protest too much.
San Francisco writer Aïda Jones can be reached at info@thejonesinstitute.com.
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