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The Independent UK
The Independent UK
National
Abe Asher

Black man’s drug conviction vacated over judge saying: ‘Looks like a criminal to me’

Copyright 2020 The Associated Press. All rights reserved

A Black man in the state of Michigan has had his drug conviction vacated because a white district court judge said the man “looks like a criminal to me,” according to a federal appellate court ruling.

Earlier this year, 34-year-old Leron Liggins was sentenced to 10-and-a-half years in federal prison by US District Court Judge Stephen J Murphy. Now, however, Mr Liggins won’t have to serve a day of that sentence after the appellate court ruled that his conviction is null due to Mr Murphy’s conduct.

Mr Murphy’s statement that Mr Liggins “looks like a criminal,” which came in January 2020, was apparently not the only prejudiced remark the judge made about the then-defendant.

The appellate court wrote that it ultimately does not matter whether Mr Murphy was actually prejudiced against Mr Liggins — that the appearance of prejudice alone was enough to necessitate the vacation of the conviction.

In its judgement, the court wrote that it “must consider the interpretation that a reasonable observer of this public hearing could have made, for we must guard against not only actual bias but also the appearance of bias, which ‘demeans the reputation and integrity’ of the court of which the district judge is a part.”

At one point during the trial, after Mr Murphy’s “looks like a criminal” comment, Mr Murphy reportedly apologised to Mr Liggins for losing his temper and stated that he was not biased against him. Mr Murphy said he was frustrated with repeated delays in Mr Liggins’ case, which began in 2018.

That, however, was not enough for the appellate court to consider allowing Mr Liggins’ conviction to stand.

“The complexity or long duration of a criminal case gives no license to a district court to prejudge the defendant’s guilt or otherwise dispose of the case in any manner except through fair proceedings,” the appellate court said.

Mr Liggins will now likely face a new trial held before another judge. According to a release from the US Department of Justice, Mr Liggins, a resident of Southfield, Michigan, has been charged with one count of participating in a drug conspiracy and one count of possession with intent to distribute heroin.

Mr Liggins’ attorney, Wade Fink, told CNN that the appellate court ruled correctly — even if he harbours no personal animosity toward Mr Murphy.

““I want to be very clear that I have the utmost respect for Judge Murphy and people should not assume anything about his character,” Mr Fink told the network. “Criminal Justice requires not just actual fairness but the appearance of it, too.”

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