'I Bet The Victims Remember': John Kennedy Shows No Mercy To Judge Over Her Past Record

6 months ago

At today's Senate Judiciary Committee hearing, Sen. John Kennedy (R-LA) questioned Julia M. Lipez, nominee to be United States Circuit Judge for the First Circuit, about her past record.

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Transcript

00:00You have more sympathy for the criminal than the victim, don't you?

00:07Senator, I worked on behalf of victims of crime zealously as a prosecutor.

00:16As a judge, I listen carefully to understand impact on victims, and I have always take that into account.

00:26Do you know Micah Smith?

00:30Michael Smith, Senator?

00:31Micah, M-I-C-H.

00:34I don't believe I know a Micah Smith, Senator, no.

00:37Okay. I bet the victims of Micah Smith remember Micah Smith, if you don't.

00:44Senator, there was a defendant I sentenced named Michael Smith.

00:50Mr. Smith molested a four-year-old girl, didn't he?

00:55Senator, he was convicted after trial of unlawful sexual contact under Maine law.

01:00That's a nice way of putting it.

01:02That was the charge, Senator.

01:03Right.

01:05Mr. Smith molested a nine-year-old girl, didn't he?

01:10Senator, again, he was convicted of unlawful sexual contact against two children.

01:16In that case, I did impose the sentence the state requested.

01:19At oral argument, this is how Mr. Smith's conduct was described.

01:28Quote, you heard this testimony, all of the abuse is done in the same fashion.

01:38Smith would rub his fingers in a circular motion on the vagina of each child,

01:48and he did so repeatedly.

01:53Now, where I come from, we call that sexual abuse.

01:57You can pretty it up all you want to, judge.

02:01This is what you said at Mr. Micah's sentencing.

02:07These are your words, not mine.

02:10What I can say, you said, is that this is a very tragic situation of a person

02:19who has a lot of good in him, a lot of good in him,

02:25having done a very reprehensible thing to two young children causing extreme damage.

02:33Did I read that correctly?

02:36Senator, in that case, I imposed the sentence the state requested.

02:40Did I read your quotation correctly?

02:44Senator, that, I think, is a portion of what I said at sentencing.

02:49My focus was on—

02:50But the words I read, are they correct?

02:54That's what was reported in the paper, Senator.

02:56I have not seen a transcript of the sentencing.

02:59I bet the victims remember, judge.

03:01You might have forgotten, just like you forgot his name.

03:05But I bet the victims remember.

03:08And then you handed down a sentence.

03:11You gave Mr. Smith 12 years, but you suspended six of them, didn't you?

03:19Senator, that was at the recommendation of the state because they—

03:22But it was your ruling.

03:24Is that an accurate statement of your ruling?

03:27Senator, I accepted the state's recommendation that six years should be suspended

03:31so that Mr. Smith would be required to participate in sex offender treatment.

03:35I appreciate the lengthy explanation, but I think it's a pretty simple question.

03:41That was your sentence, right?

03:43Yes, I imposed the sentence the state requested in that case.

03:46Are you familiar with the Bangor Daily News?

03:49I am with the Bangor Daily News, Senator.

03:51Right.

03:52Did you read the article they wrote, quote,

03:55light sentences send a message that domestic violence does not matter, end quote?

04:02You remember that article?

04:03I have read it, Senator.

04:05I believe it mischaracterizes the case that is described.

04:08That article was about you, wasn't it?

04:11My recollection, Senator, is that it described several different cases.

04:16The case that I worked on that was described there,

04:19the defendant in that case was acquitted by a jury of the most serious conduct,

04:23and that was not reflected in that article.

04:25So the newspaper got it wrong?

04:27That was an op-ed that I believe misunderstood what happened,

04:30which is the jury acquitted the defendant of the most serious conduct that he was charged with.

04:34I was not the fact finder in that case,

04:36and so at sentencing I was bound by the jury's verdict.

04:39Let me ask you, I'm going to run out of time here.

04:42I wish I had more time for you, Ms. Campbell,

04:44but I've seen a lot of activist judges,

04:53and I'm not saying you're the most activist,

04:56but the list you're on, it sure doesn't take long to call the roll.

04:59Let me finish with this question.

05:02I'm going to end as I began, Judge Lopez.

05:07You have more sympathy for criminals than victims, don't you?

05:13Senator, I have the support of the Maine Coalition to End Domestic Violence

05:17and the Maine Coalition Against Sexual Assault.

05:20I believe that support is a reflection of the work I did as a prosecutor

05:23as well as the care I take with cases involving victims as a judge.

05:27You're embarrassed to answer my question, aren't you?

05:34Thank you to the nominees for being here.

05:36I'm sorry that I was unable to preside but in the capable hands of my colleague, Peter Welch.

'I Bet The Victims Remember': John Kennedy Shows No Mercy To Judge Over Her Past Record

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