Judge hit for threat of mistrial
A STATE disciplinary committee has reprimanded a Brooklyn judge for a bizarre incident where he threatened a prosecutor for trying to protect a witness.
The incident happened in March 2014 while Kevin Bartholomew was out on bail during his rape trial before Acting Brooklyn Supreme Court Justice Michael Gary.
During a break in the trial, Bartholomew went up to a witness who had just testified against him and said, “You’re dead,” court papers say.
The woman reported the threat to cops and to the prosecutor, Assistant District Attorney Lisa Nugent, who told the judge what happened.
The judge then flew off the handle — at the prosecutor. He told her he didn’t want Bartholomew arrested during the trial for fear of causing a mistrial.
“If he is (arrested), then I will hold you in contempt for violating my order,” Gary warned.
He then denied Nugent’s request to remand Bartholomew in light of the threat.
In a finding made public Tuesday, the Commission on Judicial Conduct admonished the judge for having “threatened to use his judicial power to punish an assistant district attorney and her office though he lacked any lawful basis to do so.”
The rape trial ended up proceeding, and Bartholomew was convicted. Gary sentenced him to 15 years in prison.