The Examiner previously reported to you that a Seattle Superior Court judge was under investigation for possible violations of the judicial code of conduct, for his activity on behalf of Amanda Knox in her prosecution for the murder of Meredith Kercher. Judge Michael Heavey is on the defensive, acknowledging no wrongdoing in his various communications on behalf of Amanda Knox, whom he describes as a neighbor and friend of his daughters. The issue is whether he violated the Judicial Code of Conduct by using the prestige of his office to help the personal interests of another.
Judge Heavey has filed a writtten answer to the charges. See them here. One approach in these situations might be to acknowledge that one may have crossed a line, and ask for leniency under the circumstances. That does not seem to be Judge Heavey's approach. In his written answer materials, he largely takes the position that his conduct is protected by the First Amendment. Certainly he retains First Amendment rights, but as an elected Washington State Superior Court judge, he agreed to subject himself to certain rules of conduct as a conditon of being sworn in to that office.
Among other revelations in the response:
"Amanda Knox went to high school with Michael Heavey's daughters and her parents lived less than a mile from Michael Heavey and his family."
"Upon learning all that he did, and coming to the conclusions that he did, Michael Heavey could have sat back and done nothing but instead he felt ethically and morally compelled to act. Under the circumstances, Michael Heavey felt obligated to attempt to right these wrongs."
" .... these matters came to the attention of the Commission because Judge Heavey self-reported them."
"Of course, it could be said that these actions and public comments were aimed in some part at Ms. Knox's private interests. This private interest was incidental to the public interest in justice and fair proceedings that was the primary concern of Judge Heavey." (So he would intervene on behalf of a stranger in similar circumstances?)
"Judge Heavey denies that he intentionally lent the prestige of his office to a private interest in violation of Canon 2(B)."
"He did all this only because he believed it necessary given the great injustice he observed in the case of Amanda Knox."
Judge Heavey perhaps to this day does not seem to acknowledge that when you take the bench, you agree to exercise your power and influence over the facts and law of a particular case before you, and give up the ability to act as an advocate in a judicial proceeding involving your daughters' friend. How does he know that illegal and unfair procedures took place against Amanda Knox when he was not in the courtroom to hear the testimony? Would he intervene on behalf of others outside the courtroom as well, to whom he had no personal attachment, if he thought their case in another country sounded unfair?
Attachments to his response includes his letters to Italian Officials, which someone translated into Italian prior to them being sent.
On June 16th, 2008, he wrote to Judge Claudia Matteini, in which he refers to Amanda Knox as "our neighbor." "Judge Matteini, have you ever heard news that you just couldn't believe? Well, that is how I felt. I said, 'This is impossible, it cannot be.' " He then passes on his daughter's opinion that Amanda Knox is the most genuinely kind person she knows, and that she "doesn't have a mean bone in her body."
As a judge, he should be aware that a judge making rulings on a case cannot go on unsworn hearsay within hearsay, as in his letter.
On August 12th, 2008, he wrote to the presiding judge of the Italian Supreme Court, requesting the Amanda Knox case be removed from Perugia. (Doesn't Judge Heavey think Knox's attorneys are capable of making any such motions?)
In that letter, Judge Heavey sets forth a list of ten false things about Amanda Knox printed in the Italian press. And says, "Judge Claudia Matteini participated in this false speculation."
On September 1, 2008, he wrote to Giuliano Mignini, the prosecutor reviled by Knox fans, stating: " I have the greatest respect for your competent abilities and your distinguished career of public service." He also says "I also do not understand the reluctance of Italians to admit they may have been wrong. The humility to admit error publicly in our country is a great attribute."
Comments
Judge Heavey
Practice what you preach.
Bill, thank you for your excellent article regarding Judge Michael Heavey.
Do you know if Washington State Senator Maria Cantwell is a member of the judicial disciplinary panel that will be making a decision on Judge Michael Heavey?
Bill last March the Seattle pi reported that both Senator Maria Cantwell and US Rep. Adam Smith wrote letters to the Italian officials in support of Amanda Knox.
Will Cantwell and Smith be facing any disciplinary action like Judge Heavey?
The judge should resign.
Judge Heavey,
Parents of a convicted killer Amanda Knox are making money of the murder committed by their daughter. Is this practice legal in the state of Washington? Do they pay taxes?
As a religious man and a father of three you can imagine the pain of the victim's mother and father.
Thank you
See Amanda Knox's cables sent from US Embassy in Rome to Washington State Department at, www.truejustice.org
The cables never remark of anything wrong, no charges or claims or complaints from Amanda Knox.
No instructions, questions, or comments are cabled in return from Washington.
Perhaps Judge Heavey's daughter can read these cables to her father, since Heavey obviously listens his daughter's opinion.
great article, Bill !!
Wow! I just read those cables sent to Washington regarding Amanda Knox.
It now looks like Judge Heavey, Senator Cantwell and US Rep. Adam Smith are playing with smoke and mirrors.
No wonder Hillary Clinton isn't involved. Amanda Knox DID get a fair trial after all.
Why hasn't CNN shown these cables?
Europe has culture. Culture is replaced by arrogance in Seattle..
"How does he know that illegal and unfair procedures took place against Amanda Knox when he was not in the courtroom to hear the testimony?" Anyone with any sense who has read about the case even slightly would know this. You don't have to be in the court to know what happened there. We might as well criticize you for criticizing this judge when you weren't in the same room with him when he wrote the letter. Use some common sense.
I see the witch hunters all congregate here to congratulate the writer. The anti-Knox crowd seems not to care about basic things like the actual facts of the case, so they show up here to pat each other on the back and feel good about themselves.
Dan, no one needed to witness Judge Heavey write his 3 letters because all 3 of his SIGNED letters, USING OFFICIAL LETTERHEAD, are posted on the public domain for the whole world to see.
Obviously, you failed to read them.
And yes, we DO feel good about ourselves in seeing that justice is served to murder victim Meredith Kercher and her family.
Good accurate reporting Bill Edelblute.
I agree with Susan. I read the cable to Washington. Perhaps Judge Heavey should read it too.
I too saw Amanda knox's cables from US Embassy in Italy to Washington State!
I'm surprised CBS or NBC haven't mentioned them.
But then again neither have Curt Knox or Edda Mellas. Is it any wonder?
Dennis, I'm sure neither Cantwell nor Smith would risk any
discipline over this, the rules applicable to members of
Congress would not be similar to those governing judges.
More interesting news coming from Seattle,WHO is behind the letters? Anne Bremner?
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