Court: Judge’s ‘garbage’ comment didn’t show bias (UPDATE)

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By TODD RICHMOND
Associated Press

MADISON, Wis. (AP) — A judge should not have called a convicted murderer a piece of garbage during the man’s sentencing hearing, however the remark did not show that the judge was biased, the state appeals court ruled Tuesday.

Calvin Jerome Pirtle, 32, was charged with first-degree intentional homicide in 2008 after police found a woman’s naked body laying head-first in a garbage can in Pirtle’s girlfriend’s home. The woman had been strangled to death.

Pirtle, who lived in Milwaukee, made a spectacle of himself at his trial in 2009, refusing to step into the courtroom, swearing, challenging Judge Jeffery A. Conen to gag him and promising Conen he would get rid of him. The jury ultimately convicted Pirtle and Conen sentenced him to life in prison without parole.

During the sentencing hearing, Pirtle accused Conen of being biased.

“I call them as I see them, Mr. Pirtle,” the judge replied.

“Just don’t call me late for dinner,” Pirtle said.

“No. I’ll call you a piece of garbage,” Conen said.

The judge later apologized and insisted the remark didn’t signal any bias. Conen pointed out that Pirtle faced a mandatory life sentence and the only question was whether he would get a chance at parole. Conen said he denied parole based only on the circumstances of the case.

Pirtle argued on appeal Conen was biased and he deserved to be sentenced again.

The 1st District Court of Appeals ruled that judges shouldn’t call anyone in their courtroom garbage. However, the court called Conen’s remark a momentary lapse that didn’t reflect any bias. The judge was justifiably frustrated with Pirtle’s disruptions and disrespect, the court said.

Pirtle’s attorney, Chris Cherella, didn’t immediately return a message.