Judge under attack decried, defended

by Manju Subramanya
Staff Writer

GAITHERSBURG -- Even as a group of female state legislators filed a formal complaint seeking his removal from the bench, several county lawyers spoke out Thursday to defend embattled Montgomery Circuit Court Judge Durke G. Thompson.

Thompson, 59, came under fire last week for overturning a rape conviction, citing defense evidence that cast doubt on the victim's credibility. Two years ago, Thompson was embroiled in a similar uproar when he told an 11-year-old sexual assault victim that "it takes two to tango."

The outcry against Thompson's ruling was fueled by State's Attorney Douglas F. Gansler (D), who issued a news release calling the ruling "incredible" and said his female prosecutors perceived Thompson to be biased against female victims and prosecutors.

On Thursday, the 58-member Legislative Women's Caucus lodged a complaint with the Maryland Commission on Judicial Disabilities, saying Thompson's setting aside of the rape verdict may represent "a pattern of discrimination against female victims." A similar complaint two years ago resulted in the commission giving Thompson a warning for his "two to tango" remark but dismissing a broader complaint alleging bias against women.

"We obviously felt that the warning maybe did not send a strong enough signal," said Del. Ann Marie Doory (D-Dist. 43) of Baltimore, caucus chairwoman and also vice chairwoman of the House Judiciary Committee.

"We are concerned about his record where victims are female," Del. Sharon M. Grosfeld (D-Dist. 18) of Kensington, a family law lawyer and caucus member, said Thursday.

And Duchy Trachtenberg, president of the local chapter of the National Organization of Women, which filed a separate complaint Wednesday against Thompson with the commission, said, "I think it will be better for everyone if this judge is removed."

On March 1, Thompson overturned the rape conviction against Robert Thornett Jr., 35, whom a jury had found guilty Nov. 1 of beating and raping his live-in girlfriend at their North Bethesda home. He granted a new trial to Thornett after the defense produced evidence that the victim -- an Indonesian woman -- is an illegal immigrant and that she lied about her birth date on her expired 1996 work visa. Defense attorneys contended that the woman cried rape to get back at Thornett for refusing to marry her. Thompson let stand Thornett's first-degree assault conviction in the case.

Thompson, on vacation until March 11, could not be reached for comment.

Paul Kemp, a Rockville attorney who represented Thompson during the first complaint, said Thursday that the Judicial Disabilities Commission had delved into 251 domestic violence cases where Thompson had ruled before clearing him of bias charges.

"[Gansler] is trying to pillory this judge. He is looking for any reason to attack Circuit Court judges," Kemp said. "He is way off base."

Kemp also criticized as "unprofessional" Gansler's news release about the case headlined "Two to Tango Judge Dances Again."

"It's like he thinks he's Henny Youngman, issuing one-liners," Kemp said.

Gansler said Thursday that anybody suggesting the outrage against Thompson is politically driven is insulting NOW and the women legislators.

As for himself, Gansler said, "I have no political incentive to do this -- no one is running against me. This is not about me. This is about what Judge Thompson thinks.

"To say it is about politics is a transparent deflection of the severity of the issue -- that women who have already been victimized are being victimized again," Gansler said. "It is not right for judges to overturn jury verdicts based on their personal opinions."

Political opponents have speculated that Gansler is backing judicial candidate Thomas Eldridge, who resigned last month as an assistant state's attorney to run. Gansler has denied any involvement in the judicial elections, saying he is neutral.

Paul B. DeWolfe, district public defender in Montgomery County, said he had not heard complaints of gender bias against Thompson from the 15 female public defenders he supervises.

"It is unfortunate that people not in the courtroom seem to have seized two cases and tried to paint a broad brush of a judge, who I think is a thoughtful, reasonable judge," DeWolfe said. "With Mr. Gansler, it is obvious he is making these comments for personal gain."

Audrey Creighton, an assistant public defender in Montgomery County for the past 12 years, said Thompson has always treated her and her clients with respect. "I am shocked and outraged that anyone would make that accusation," she said.

Joann Robertson, chief of the county attorney's litigation unit, described as "positive" her experience in Thompson's courtroom. "I have never heard any criticism that he responded in a sexist way," she said, saying five of the eight county attorneys under her are woman.

"Mr. Gansler has a very active political agenda and the NOW organization does, too," said Marcia Fidis, a partner in the Bethesda law firm of Pasternak & Fidis. She worked with Thompson in private practice for 17 years before he was appointed to the bench in 1994.

"Mr. Gansler is trying to make himself look good. Some people like to do it by making other people look bad," Fidis said.