Judge criticized for overturning verdict

by Manju Subramanya
Staff Writer

Thompson had been protested before for controversial quote

Women's rights advocates are castigating Circuit Court Judge Durke G. Thompson for overturning a jury's guilty verdict in a North Bethesda rape case Friday, a brouhaha reminiscent of the controversy that raged around the judge two years ago.

"It's like, here we go all over again," said Del. Ann Marie Doory (D-Dist. 43) of Baltimore, chairwoman of the Women's Legislative Caucus and vice chairwoman of the House Judiciary Committee. The caucus is expected to discuss possible action against Thompson at a meeting today.

Thompson, a Circuit Court judge for seven years, outraged women's groups in January 2000 when he told a 11-year-old sexual assault victim from Rockville that "it takes two to tango" while sentencing her molester to 18 months in jail. The judge later apologized but said his comments had been taken out of context.

The latest furor erupted Friday when Thompson threw out the second-degree rape conviction against Robert Thornett Jr., 35, saying new defense evidence called into question the rape victim's credibility. A jury in November had found Thornett guilty of raping and assaulting his live-in girlfriend at their home in North Bethesda on Christmas Day 2000.

State's Attorney Douglas F. Gansler (D), who has publicly criticized sentences meted out by judges in the past, called Thompson's ruling "incredible" and sent out a news release headlined "Two to tango judge dances again."

Gansler's action drew the ire of Thornett's defense attorney, Joseph M. Quirk, who said the state's attorney was once again "on his advance-himself-at-any-cost" kick.

"This is totally political," said Quirk, a Rockville lawyer who has practiced in the county for 28 years. "This is an election year, and the more judge-bashing he does, the more he helps his buddy."

Quirk was referring to Thomas Eldridge, an assistant state's attorney in Gansler's office who resigned last month to run against six sitting Circuit Court judges up for election in November. Gansler has denied any involvement in the judicial elections, saying he is neutral.

The county chapter of the National Organization of Women waded into the most recent controversy, announcing plans to file a formal complaint today against Thompson with the Judicial Commission on Disabilities, a state agency that looks into judicial misconduct, said Duchy Trachtenberg, the chapter's president and a County Council candidate. Two years ago, a complaint by NOW and the women's caucus prompted the commission to issue a warning to the judge about his "two to tango" remark, but it dismissed a broader complaint that he showed a pattern of bias against women.

Thompson granted a new trial to Thornett on the rape charge, citing defense evidence that the victim is an illegal immigrant and that she lied about her birth date on her work visa -- evidence the defense said showed "her propensity for untruthfulness." The judge let Thornett's first-degree assault conviction stand.

Thornett's attorneys contended that the victim -- an Indonesian woman -- leveled the rape charges after Thornett refused to marry her. "It's a classic way people who are illegal can stay on in the country," Quirk said.

"This goes beyond the pale," Gansler said Monday of Thompson's ruling. "What one's immigration status is should have no bearing on whether she is raped or not."

Gansler said defense attorneys questioned the victim during the trial on her four different dates of birth on various documents, including her Virginia identification card and medical records. The victim blamed the discrepancies on an immigration clerk's error.

Thompson could not be reached for comment. His telephone recording said he and his staff were on vacation this week; they did not return a message seeking comment.

Quirk said Thompson simply followed the rules, which call for a judge to set aside a verdict if it is improper or unjust. "This was a case of total credibility -- it came down to what she said, he said," Quirk said.

The defense obtained documents on Feb. 5 indicating the woman had overstayed her 1996 visa that allowed her to work as a nanny for a member of the Saudi Arabian embassy. Her employer reported her missing in March 1998, Quirk said.

The false birth date on her work visa coupled with the woman's differing versions of the rape during trial cast doubt on her credibility, he said.

Gansler said Thompson's ruling caused "universal outrage" among his prosecutors. His office may ask the judge to withdraw from any case involving a female victim or female prosecutor.

"There is a very widespread perception in the office that women are treated differently by this judge," he said, citing two cases where he said Thompson had overturned jury verdicts.

According to court records, Thompson granted a new trial in March 1998 to Wayne Timothy Fakler, who was convicted by a jury in November 1997 of raping the 10-year-old daughter of his girlfriend at their Wheaton home. Fakler's second trial ended in a mistrial, and prosecutors subsequently dropped the charges against him. In a second case, Robert H. James of Olney was convicted in November 1999 of second-degree rape involving his daughter's 16-year-old friend. When James asked for a new trial, Thompson recused himself from the case, citing the state probe into his conduct. Judge Paul McGuckian stepped in and granted James a new trial in April 2000; James was subsequently found guilty of lesser offenses and placed on 18 months probation in November 2000.

Quirk defended Thompson, saying the judge has a fine reputation on the bench.

"I have never heard women complain about the judge," Quirk said, pointing out that a female attorney -- Jennifer B. Page -- worked with him on the Thornett case.

"To me, this is Gansler getting ink," he said. "He picks on judges, who cannot fight back."