Allegheny County Common Pleas Judge Anthony M. Mariani should recuse himself from presiding over the case of a local police officer accused of homicide for the fatal shooting of a teenager who was fleeing the scene of a traffic stop.
The Post-Gazette’s Paula Reed Ward reported that Judge Mariani expressed opinions about the case in his capacity as a legal commentator on a televised program.
The views were voiced before Judge Mariani was assigned to hear the case against East Pittsburgh police Officer Michael Rosfeld, accused in the June 19 death of 17-year-old Antwon Rose II.
The issue is the credibility of the justice system.
What is required here is absolute impartiality and the appearance of impartiality.
The case of Antwon Rose’s death is incendiary. He died of gunshot wounds sustained as he was running away from the police officer. He was unarmed. One of the three shots he took was to his back.
Judge Mariani made his comments June 21 during his appearance on PCNC’s “NightTalk,” a local cable TV talk show. Specifically, the judge commented to the program host Ellis Cannon that officers must face “clear and present danger” to be justified in the use of fatal force.
“Frankly, shooting somebody running away — even if you think that person committed a felony — when he clearly doesn’t have a weapon on him, is not acceptable ... ,” he said. The judge also watched the video from the shooting and said, “The video — it doesn’t suggest there was” any threat to Officer Rosfeld.
Many of us would agree. But we are not the judge in this case.
About two months after his TV appearance, Judge Mariani was assigned to preside over the officer’s case.
This week, defense attorney Patrick Thomassey appeared in court and asked the judge to recuse himself.
Judge Mariani said he was inclined to deny Mr. Thomassey’s motion, explaining that he believes he can be fair. “I don’t think that I am incapable of presiding over this case,” he said. “The only question is an appearance of impropriety.”
The judge may be right about his professionalism. But the matter of appearance is not insignificant. The public must feel confident that there is no bias whatsoever in this case. Justice demands it and the gravity of this case demands it. This is not a case that can be put in jeopardy. Judge Mariani should step aside.
First Published: September 15, 2018, 4:00 a.m.
