GIST: Prosecutors asked to postpone the next few days of hearings in the retrial of Roman Zadorov, who in 2010 was convicted of murdering a 13-year-old girl in a school bathroom, after the judge in the case requested that the prosecution express confidence in him and insinuated that illegal acts had been committed against him.
The prosecution requested a postponement until Judge Asher Kula’s statements are looked into, but Kula denied the request and ruled that so long as there is no legal obstacle to doing so, the trial will proceed as normal.
On Tuesday, Kula asked prosecutors for a show of confidence following a number of confrontations between the judge and the prosecution during hearings – or, if not, to ask him to recuse himself.
The official transcript of the session has not yet been released, but according to the prosecutors, Kula said: “In these circumstances, I cannot judge with a full heart.” Prosecution sources say they do not intend to ask Kula to recuse himself, and in their official response they noted that such an expression of confidence in a judge is not recognized and has no foundation, legal or otherwise.
Kula also said in the hearing that a campaign is being waged against him in the press, and he hinted that it was being led by government authorities, said prosecutors in their response. Kula did not respond when Zadorov’s defense attorney, Yoram Halevy, said, “This is what the prosecution does, so your honor must not surrender. That is what they do. If your honor recuses himself, they will have won with their fake news.”
Ilana Rada, mother of the girl Zadarov was convicted of murdering, called on Kula not to recuse himself. "I turn to Judge Kula: Don't abandon us. We are here in order to bring back the truth for everyone," she said. "If he recuses himself, this will be a tragedy for the entire justice system. They can't shut him up."
She added that she is trying "to reach the truth, and when I finally get to that place I won't let anyone stop us."
Regarding Kula's allegations of illegal act against him, the judge said, “I said what I said, and there is more, but I don't want to reveal it all right now. Things were done that in my opinion are forbidden in a civilized country.” Prosecutors said he made the claims and "simply didn't explain," but that his accusations were not directed at them.
“That statement cannot remain in the fog,” prosecutors wrote in their response. “In such circumstances, there is no reason to continue hearing the evidence until these matters are clarified, and it would be appropriate to cancel the next few days' evidentiary hearings."
The retrial is for the 2006 murder of Tair Rada, Zadorov, a janitor at the school, was convicted of the murder and his conviction was upheld on appeal, but he was recently granted a retrial due to newly rediscovered evidence."
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| PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog; |
