Judge rejects claim:

Accusation of bias denied in BART case

The San Francisco judge in the case of an African American man charged with attacking BART police officers has denied the public defender’s claim that she is biased in favor of the prosecution.

Public Defender Jeff Adachi is seeking to remove Superior Court Judge Anne-Christine Massullo from the case of Michael Smith, accused of battery and resisting arrest in a July 29 confrontation with BART officers at the Embarcadero Station. Adachi said in a court filing Sept. 16 that Massullo, a former federal prosecutor, had shown bias in a series of pretrial rulings, including one that prohibits defense lawyers from asking prospective jurors about the Black Lives Matter movement or the case of Oscar Grant, a black man shot to death by a white BART police officer.

“I am not biased or prejudiced against or in favor of any party or attorney in this proceeding,” Massullo said in a declaration filed Monday. She said that her rulings had been even-handed and based solely on the evidence, and that she had excluded questioning about Black Lives Matter and Grant because they involved “unrelated cases and issues not relevant to the (Smith) trial.”

Massullo also denied Adachi’s assertions that she had treated him rudely. While Adachi said the judge “smiles snidely, laughs and looks at the clock” as he makes his courtroom arguments, Massullo said she had explained to him in court that she saw him smiling and “was trying to be pleasant” by smiling back.

Another San Francisco judge, yet to be named, will decide whether Smith’s case will remain in Massullo’s court.

Smith, 22, was arrested by transit officers who were responding to a report that an armed man had tried to rob a passenger on a train. Cell phone footage taken by bystanders appeared to show an officer punching Smith while he was in handcuffs and lying on the station platform. Prosecutors have said police body cameras showed Smith kicking and spitting at BART officers.

Adachi said that Smith had not tried to rob anyone and that he was trying to defend himself against the officers. The public defender said he should be allowed to question prospective jurors about possible racial bias.

Also on Monday, Adachi filed a new declaration with statements from seven other defense lawyers saying Massullo had shown hostility or bias in their cases. One attorney, Deputy Public Defender Jack Lamar, said Massullo was “visibly upset” when a jury acquitted his client, and met privately with the jurors afterward to ask how they had reached their decisions.

“Her overall vision of the system seems to be one in which defendants are presumed guilty,” Adachi said.