Wednesday, April 14, 2004

Supreme Court overturns divorce case because of judge’s comment By JOHN MUNFORD jmunford@TheCitizenNews.com The Georgia Supreme Court has overturned a jury verdict in a 2002 divorce trial, saying Fayette Superior Court Judge Paschal A. English Jr. “improperly bolstered” the credibility of a witness. The case must be retried, the Supreme Court noted in a brief three-page opinion. English’s comment came after the testimony of Fayette County Commissioner Linda Wells, who was presented as a witness for Danette Hubbard. Wells, a domestic violence counselor, testified that Mrs. Hubbard had come to her alleging physical abuse and seeking a restraining order against her husband, Randy Hubbard, according to the Supreme Court opinion. Randy Hubbard’s attorney challenged Wells’ credibility during cross-examination, after which Judge English addressed the jury. English prefaced his comments by saying they had “nothing, nothing to do with this case” before he credited Wells for starting the Fayette County Council on Domestic Violence. “I’m not suggesting that what anyone tells her is true or false, but I don’t want to see her up here and be treated like she has done something wrong when she has provided such an unbelievable service for this community,” English said. “It’s a model for other programs in the state of Georgia. And not only that, as you know, she wears a hat as a county commissioner and she does an excellent job from that standpoint.” The jury on the case granted Randy Hubbard custody of the couple’s two children but he was not granted child support except for the children’s healthcare insurance premium of $60 a month. Additionally, Randy Hubbard was ordered to pay Danette Hubbard $1,000 a month for alimony. Because the Supreme Court deemed English’s remarks as bolstering Wells’ credibility with the jury, a new trial is required by law, the court ruled. “Here, the court clearly stated its high opinion of Wells and bolstered her credibility as a witness, influencing an issue that is solely for the jury to determine,” the justices wrote. Judge English said Monday he was not trying to influence the jury to believe Wells or not. The intent was to let them know of the service she had performed to the community, he said. “I’d probably have been better off not to say anything,” English said. “I was just trying to say simply that she had started the council and done a good job.”