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Judge faces four reversals in same week

Though some say having four cases overturned should be a wake-up call, others call Brandt Downey a good, aggressive judge.

By CHRIS TISCH
Published June 25, 2005

LARGO - The last few months haven't been the best for Circuit Judge Brandt Downey.

He has been accused of sexually harassing a female attorney and accessing pornography on his office computer. He also has been accused of failing to take action when a juror was accused of sleeping during a murder trial.

Now, the 2nd District Court of Appeal has overturned four of Downey's rulings in the space of a week, which some attorneys and legal experts consider rare.

The cases were reversed for a variety of reasons.

One was overturned because Downey was seen as vindictive for sentencing a child molester to 20 years in prison. Downey had offered him a 12-year sentence if he pleaded guilty to the charge.

Another decision was reversed because Downey failed to establish why he gave a light sentence to another child sex abuse defendant.

In another, Downey allowed an improper witness to testify. In another he allowed improper evidence to be introduced at trial.

"It is unusual for one particular judge to have several cases overturned on an array of issues in one week," said Charles Rose, a professor at the Stetson University College of Law. "It wouldn't be inappropriate for this particular judge to ask himself why it happened and make certain it doesn't happen in the future."

Two of the cases were remanded for resentencing, two others for new trials.

"Four in a week is rather unusual," said Public Defender Bob Dillinger. "I've not seen that in 10 or 15 years that I can recall."

Others say it might just be a coincidence.

"It's not unusual. A lot of these cases tend to come in bunches," said Largo attorney Jay Hebert.

Downey said he doesn't think it's unusual, and doesn't think it reflects on his performance.

"I don't think I have a record that's any worse or any better than anybody else," Downey said. "I don't think just because there are four that come out over a short period of time, is that in any way indicative of the work I've done over the last 22 years."

Downey has had previous problems with the appeals court and has been the subject of some controversy.

He's dressed down a jury for acquitting a defendant. He's ordered bailiffs to duct tape an unruly murder defendant's mouth shut. He's disregarded orders from a higher court in picking a jury.

Since Jan. 1, 2000, the appeals court has overturned Downey 76 times, according to a preliminary study by the Public Defender's Office. Fellow criminal Judge Richard Luce has been reversed 72 times. Criminal judge Phil Federico has been overturned 66 times, the study found.

"It's certainly one indication of their competency, one measurement," Largo attorney John Trevena said of reversals. "It's kind of like the report card. The number of reversals indicates the number of errors they made in exercising their duties. So if you have a high number of errors that's not so good of a report card."

Downey thinks that for each overturned case, there are at least 20 of his cases that the appeals court affirms.

Many Downey supporters find him a hard-working judge who pushes a lot of cases through his courtroom. He is known to push trials late into the night. He's also sometimes one of only a few judges still in court on Friday afternoons.

"All I can tell you is the guy tries a lot of cases," said Bruce Bartlett, the chief assistant in State Attorney Bernie McCabe's office. "I think the taxpayers are certainly getting their money's worth on him. I've always felt he was a good judge."

Said Hebert: "I think he's a very good judge. I think he tries his best to call balls and strikes."

Trevena also said Downey listens to attorneys and doesn't cut them off.

"I think he is a very aggressive judge, and I think it's his aggressiveness that's getting him in trouble," Trevena said. "He is not afraid to speak his mind, and he is not afraid to take chances or push the envelope if he's convinced of a certain issue in a case. And that's probably why he's being reversed with the frequency we're seeing. But I think he's a very good judge."

Others say Downey has shown streaks of bad judgment, which is what could have landed him in trouble with the recent accusations of sexual harassment and pornography access.

After the accusations arose in April, Downey took a two week leave of absence. Next month, he will be reassigned from his criminal bench, where he has been a fixture for 17 years.

Also in April, Downey oversaw a murder trial in which a juror sent him a note complaining that a fellow juror was sleeping. Downey didn't tell any of the lawyers in the case about the note, an error that could result in a new trial. Downey removed himself from that case last week.

"There's no question he's been involved in a lot of controversial actions," Trevena said.

Word around the courthouse is that the Judicial Qualifications Commission is investigating Downey, but the agency does not confirm inquiries until charges are filed.

Downey said the last few months have been tough. He is up for election next year, but hasn't decided whether he will run.

"Certainly some of the stuff that's been in the paper hasn't made life any easier for me," Downey said, "but I don't think it's affected my performance on the bench."

[Last modified June 25, 2005, 00:34:16]