Editorial: Coercion from the bench 

Posted: 5:56 pm Thu, November 5, 2009
By Daily Record Staff

We wholeheartedly concur with the Maryland Court of Special Appeals in overturning a murder conviction because of shocking statements to a crucial witness by Judge John C. Themelis, who coerced the witness to testify.

After the witness sought to invoke her Fifth Amendment rights, Judge Themelis told her, “You have no rights, ma’am. … You have only those rights that I give you. You have no constitutional right not to answer.”

When the witness continued to insist that she had the right to remain silent and the right to an attorney — although she did not explain why when Themelis asked — the judge excused the jury in Baltimore City Circuit Court.

He then threatened to sentence the woman to six months for contempt each time she refused to testify. “You could very well wind up doing decades because of your refusal to testify. Do you understand that?” Themelis asked.

What in the world was going on here? Did Judge Themelis leave his copy of the Constitution at home that day?

The target of the judge’s ire was the girlfriend of the murder victim. The appellate court said she may well have had good reason to fear self-incrimination, because the attorney for the man ultimately convicted of first-degree murder in the case (and now serving a life sentence) told the jury that she was responsible for the murder.

The trial result might have been substantially different, the Court of Special Appeals said, if the witness had been able to invoke her Fifth Amendment rights. The court also found that Judge Themelis’s “overly harsh” treatment of the witness was prejudicial to the defendant.

We couldn’t agree more. In his zeal to smack down the witness, Judge Themelis may have thwarted justice. We eagerly await the outcome of a properly conducted trial.