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The court has no doubt that Mr. Vallejo is an extraordinary, good man. But great
men, [long pause] sometimes do bad things. [Judge Thomas Low in the sentencing
hearing]
Vallejo was convicted by a jury in 10 felony counts of sexual assault against two
young women both minors while in his trusted care.
This comment absolutely minimizes the extent and the degree of the defendants
offenses. These crimes were not misdemeanors or victimless crimes that can be
casually brushed off as bad things. These are crimes that violate human rights,
civil rights and they are an outright disregard for the proportions of the perpetrators
offense towards these young women.
[B] A judge shall not, in the performance of judicial duties, by words or conduct
manifest bias or prejudice or engage in harassment, including but not limited to
bias, prejudice, or harassment based upon race, sex, gender, religion, national
origin, ethnicity, disability, age, sexual orientation, marital status, socioeconomic
status, or political affiliation, and shall not permit court staff, court officials, or
others subject to the judges direction and control to do so.
[B] A judge shall not permit family, social, political, financial, or other
interests or relationships to influence the judges judicial conduct or judgment.
Judge Low was clearly swayed by the some 50 character letters that were submitted
to the court before sentencing. These letters were conceivably submitted by people
writing in regards to the defendants service as a bishop with the Church of Jesus
Christ of Latter Day Saints which he as allegedly released from after the leaders of
the Church learned of the allegations. Although one could reasonably expect the
Judge to take these into account when imposing the sentence, to verbally praise the
defendant as an extraordinarily good man during the sentencing hearing is
absolutely judicially inappropriate and shows bias towards the membership of the
particular faith. One can only wonder if the hearing and sentencing results would
have ended with a different tone had the defendant been Catholic, Jewish or other.
The defendants brother spoke in the hearing and compared the defendant to Jesus
in making the argument that he was wrongly convicted. The defendant has still not
acknowledged his guilt or showed any signs of admission of guilt. He maintains his
innocence and clearly has no intentions of recompense to the victims and this is not
the sign of an extraordinarily good man as Judge Low surmises. This Judge showed
no inclination to encourage the defendant to show regret or remorse toward the
victims. In an emotional and impassioned display he praised the defendant. This is
a flagrant display of bias and a complete lack of independent judgment and a
display of Judicial Conduct that is unacceptable to the general public, and therefore
a huge assault to the administration of justice in Utah.
External Influences on Judicial Conduct (2.4) may also be brought into question
regarding Judge Lows decision to allow the defendant to be free and out of custody
between time of verdict and sentencing. This allowed the defendant who had been
convicted of 10 counts of second-degree felony forcible sexual abuse and one count
of object rape, a first-degree felony, to be free until his sentencing hearing. Once
again, this begs the question is the Judge being biased and showing poor judgement
despite state statue, which reads that, upon conviction, the court shall order
that the convicted defendant who is waiting imposition or execution of
sentence be detained.
Although some may see this as circumstantial evidence, the JCC would be shirking
its responsibility if it did not draw reasonable and obvious conclusions from the
evidence before it. The commission should very well take into consideration the
level of public outcry over this incident as well. I would encourage the commission
to carefully review the video provided here.
http://kutv.com/news/local/judge-praised-convicted-sex-offender
http://kutv.com/news/local/protesters-gather-hundreds-file-complaints-after-provo-
judge-praises-convicted-rapist
The commission may wish to review the comments in the Salt Lake Tribune as well,
to see the level of anger from the public.
http://www.sltrib.com/news/5180903-155/complaints-mount-against-utah-judge-who
(427 comments)
Kirby said she found the judge's remarks offensive, and added that she felt Low was
"thinking more about the guilty defendant and his family sitting in the stands."
http://www.sltrib.com/news/5111197-155/no-one-is-really-saying-hes (253
comment)
http://bigstory.ap.org/article/e8e8d5c591954d27ae6653a1b55cec05/repercussions-
unclear-judge-after-comments-rape-case
http://kuer.org/post/civil-rights-group-filing-complaint-against-utah-judge-who-
praised-sex-offenders-character
Restore Our Humanity respectfully asks the commission to carefully review this
complaint. The Utah Judicial reputation is at stake.
Extraordinarily Good Men do NOT repeatedly commit acts of rape and sexual abuse
on young women who are entrusted to their care.
If any further information is required, please feel free to contact me at any time.
Mark Lawrence