A New Jersey Appeals Court has reversed a decision of a Family Court judge who has a claim on the title of “Most Incompetent Judge Ever.”
The facts showed that a drunk 16-year-old boy raped an even more drunk 16-year-old in the basement during a party. The boy recorded a video of himself penetrating her from behind, and then shared it on social media among friends along with a text that said, “When your first time having sex was rape.” The victim could barely recall the incident, and when she confronted her attacker, he denied that he had raped her even as he continued to circulate the video. When the victim, known only in public records as Mary, an alias, because of her juvenile status, learned this, she had her mother contact authorities.
The Monmouth County prosecutor’s office wanted the boy to be tried as an adult. They applied for a waiver of his juvenile status, arguing that the alleged assailant’s actions were “predatory and sophisticated.” “At the time he led ‘Mary’ into the basement gym, she was visibly intoxicated and unable to walk without stumbling,” the prosecutor wrote. “For the duration of the assault, the lights in the gym remained off and the door was barred by a foosball table. Filming a cellphone video while committing the assault was a deliberate act of debasement.”
In criminal law, the defendant’s lawyer always tries to get a “good judge,” and in this case, the accused rapist teen hit the jackpot. Judge James Troiano of Superior Court was the ideal judge for this defendant, because he apparently leads his profession in rationalizing idiocy. “Good,” in this case, meant incompetent.
Among his head-exploding comments while rejecting the waiver application:
- There was a “distinction” between “a sexual assault and a rape.” The judge said “the traditional case of rape” generally involved two or more males using a gun or weapon to corner a victim into an abandoned house, shed or shack, “and just simply taking advantage of the person as well as beating the person, threatening the person.”
- He questioned questioning “whether or not this young lady was intoxicated to the point that she didn’t understand what was going on.”
- He dismissed the incriminating text messages as “just a 16-year-old kid saying stupid crap to his friends.”
- “This young man comes from a good family that put him into an excellent school where he is doing very well. He is clearly a candidate for a entry in not just college but a good college. His scores for college entry were very high.”
- [Omitted in the original post and subsequently added] The judge said that prosecutors should have tried to dissuade the victim from pressing charges, because doing so would destroy the boy’s life.
The last statement is signature significance for incompetent fool. The fact that the kid raped a girl and then sent the video over social media rebuts most of the judge’s conclusions. Good families are usually able to raise their children so they they do not become rapists and violent felons. By good, the judge meant “wealthy” and “white,” neither of which are markers of assured virtue. Ted Bundy had excellent College Board scores, probably much better than this creep. The fact that he circulated proof that he had raped a girl shows that despite any indications to the contrary, the teen isn’t very bright at all, and moreover, may lack a conscience.
Yeah, he’ll love those parties at college, particularly if he joins a fraternity. So many drunken women to rape!
Well, let me backtrack a bit: there are virtually no rapes in college under Judge Troiano’s definition—you know, a gun, two men, a shed or a shack.
The appellate court reversed the decision, pointing out that the judge’s “good family” argument suggested bias. That’s a start; now someone needs to investigate how much damage this dolt did from the bench until his recent retirement. Nobody capable of the kind of ignorant reasoning Judge Troiano engaged in here should be permitted to don judicial robes, ever. Yet if there is one, there are probably many more.