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Lawyers Rush to Defense of Judge Fitzgerald

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Re “After Shooting of Officer, Judge Rues a Bail Decision,” Feb. 12:

In defense of Orange County Superior Court Judge Robert R. Fitzgerald:

I have been a prosecutor and a criminal defense attorney in this county for 30 years. I have watched defense lawyers regularly disqualify Fitzgerald from their cases because he is regarded as too severe. He has sentenced more people to death row than any other Orange County judge.

He does not, like many of his colleagues, judge while looking over his shoulder. He is a straightforward, tough-minded, no-nonsense judge. The residents of this county would do well to examine his record before passing judgment upon him or casting blame for the unfortunate shooting of a Santa Ana police officer.

Ronald G. Brower

Orange

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Having appeared in Fitzgerald’s court many times, my heart goes out to him. He is one of the most independent judges serving the citizens of this county, independence that our forefathers deemed essential if we are to have a highly respected judicial branch of government.

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He has a heart, but he is no softy. He has a reputation for being one of the toughest sentencing judges in Orange County and probably nationwide, for that matter.

On the other hand, where he sees the appropriateness of a lighter sentence, he is not afraid to act. I represented a young man who was convicted of the murder of a man who had sexually abused him. He was barely 16 at the time of the murder. Fitzgerald had the option of imposing a life sentence in state prison or sentencing the young man to the California Youth Authority.

After a careful weighing of all reports related to sentencing, Fitzgerald opted for the Youth Authority. This intelligent young man contributed greatly while at the Youth Authority, teaching math to other inmates with a style that worked well in that setting. He went on to higher education with a scholarship. Upon being released from custody on his 25th birthday, he became a productive citizen.

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So you see, there are two sides to every story, and the unfortunate result of this case should not leave even the slightest blemish on the career of this most independent judge.

Carol E. Lavacot

Santa Ana

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