Md. Trial Judge Erases Jury's Rape Conviction
Ruling Questions Accuser's Motivation
By Phuong Ly, Washington Post Staff Writer
Originally published in The Washington Post, March 2, 2002
A Montgomery County judge overturned a jury conviction in a rape case yesterday, saying that the alleged victim, an illegal immigrant, may have been seeking revenge against her boyfriend because he refused to marry her.
Circuit Court Judge Durke G. Thompson, who presided over the trial in October, ruled that Robert Thornett Jr., 39, is entitled to a new trial on the charge of second-degree rape. He cited a Maryland statute that allows judges to set aside "an unjust or improper verdict."
Prosecutors and women's rights advocates decried Thompson's ruling, saying it was another example of his unfair treatment of female victims and callous attitude toward sexual assault cases.
Montgomery County State's Attorney Douglas F. Gansler said his office may ask Thompson to recuse himself from any case involving a female victim or prosecutor.
"Usually in rape cases, it's the defense who tries to victimize the victims, not the judges," Gansler said. "There's a widespread perception from the prosecutors in this office that female prosecutors and female victims are not treated fairly in his courtroom."
Anne M. Coughlin, a University of Virginia law professor who studies criminal law and procedure, called Thompson's ruling in the Thornett case "absolutely astonishing."
"Judges are not allowed to substitute their judgments for the jury's verdict," Coughlin said. "Usually, you have to come back with some significant reason that the jury got it wrong. You're looking for a substantial failure. … Here, there's nothing like this."
Gansler said he will ask the Maryland attorney general's office whether prosecutors can appeal Thompson's decision.
Thompson came under fire two years ago when he told an 11-year-old girl that "it takes two to tango" during a sentencing hearing for an Alexandria man convicted of molesting her. The Maryland judicial commission issued a warning to Thompson after women's rights groups and a coalition of female state legislators lodged a complaint.
Yesterday afternoon, Gansler's office issued a media statement titled "Two to Tango Judge Dances Again."
Thompson said last night that he could not discuss the case because it is ongoing. However, he said he stands by the ruling and invited people to listen to a tape recording of the hearing. He called Gansler's news release "childish and inflammatory."
Gansler "doesn't have a clue," Thompson said. "He doesn't care if he's right or wrong, as long as he gets publicity."
Ruling during a hearing yesterday, Thompson noted that his decision was extraordinary, but he said the woman had a motive not to tell the truth because she was in the country illegally after her employment with an embassy worker ended.
He noted that one way for the woman to remain in the country legally was to marry a U.S. citizen.
Thornett had advanced a revenge theory during his testimony, but it was rejected by the jury in early November, when it returned its guilty verdict in 45 minutes.
Thornett, of Rockville, was convicted of second-degree rape and second-degree assault. He has not been sentenced and is free on bond.
He and his attorneys did not dispute the assault conviction, but they asked for a new trial on the rape count, saying that they had discovered a visa application on which the alleged victim, a native of Indonesia, had written a different birth date.
Defense attorney Jennifer Page said the document showed that the woman was not credible. Page said that because there was no physical evidence of rape, the alleged attack was a "word-against-word case."
Prosecutors argued that defense attorneys had already questioned the woman's credibility during the trial. The jury was told that the alleged victim had lied about her birth date on four occasions.
The alleged victim, who is in her late twenties, had testified in broken English that the couple had consensual sex on Christmas 2000 but that he later beat and raped her. Prosecutors said the woman suffered a ruptured eardrum and bruises on her arms and back. The Washington Post does not usually identify alleged victims in sexual assault cases.
In his ruling, Thompson said Thornett and the woman appeared to have a "mutually stormy relationship." He said he thought it was unusual that the woman and her employer—in whom she confided—first went to the courthouse to file for a protective order against Thornett, rather than to the police or a hospital.
According to charging documents, police said the woman was taken to the hospital after her visit to the courthouse.
Circuit Court Judge Nelson W. Rupp Jr. had ruled before the trial that defense attorneys could not bring up the alleged victim's immigration status in front of jurors. However, Thompson said yesterday that the evidence could have been relevant.
Gansler said a victim or offender's immigration status is rarely, if ever, brought up during a trial.
After Thompson's "two to tango" comment, women's groups complained to the state judicial commission that the judge had shown a pattern of callousness toward female victims, but the commission dismissed the allegation.
Thompson apologized for the comment, saying, "I regret if these words have caused concern and confusion over the seriousness and gravity with which I treated this matter."
