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Justices Question TV Judge's Testimony In Death-Row Case

POSTED: Thursday, February 14, 2008

Former Circuit Judge Alex Ferrer, who now presides over a television courtroom, didn't violate a death row inmate's rights by testifying for a surviving witness in an unrelated case, the Florida Supreme Court ruled Thursday.

The justices also said what "Judge Alex" apparently did -- testify voluntarily -- is something they don't want to encourage, but Ferrer said he testified only in response to a subpoena, a legal order compelling his testimony.

The justices' comments came in a unanimous ruling that rejected an appeal from Noel Doorbal, 36, who received two death sentences from Ferrer for the torture-slayings of a wealthy South Florida couple in 1995.

They noted in an unsigned opinion that judicial canons require judges to maintain an appearance of impartiality as well as actual impartiality.

"A judge may be unnecessarily forced to walk a fine line when he testifies with regard to how the evidence of the suffering of a victim in a case impacted him," the high court wrote.

In a specially concurring opinion, Justice Barbara Pariente wrote she would "go farther and hold that judges should not voluntarily testify in such circumstances." She added that Florida's Code of Judicial Conduct "prohibits a judge from voluntarily testifying as a character witness."

Ferrer, whose syndicated courtroom program is shown on local stations across the nation, said he agreed with the justices.

"They were not given the complete picture," Ferrer said. "I certainly would not have voluntarily gone to testify. I followed the law."

Ferrer said he was subpoenaed by lawyers for the witness, Miami businessman Marcello Schiller, to tesitify at his sentencing on federal Medicaid fraud charges. The justices wrote that no evidence of a subpoena had been included in records submitted with Doorbal's appeal.

Noel Doorbal
Florida Department of Corrections photograph of Noel Doorbal
Ferrer presided at Doorbal's trial for the murders of Hungarian natives Frank Griga, 33, and Kirsztina Furton, 23, whose bodies were dismembered.

Doorbal, a member of a gang that stalked Miami's social elite, kidnapped and then tortured them for extortion, also was convicted of attempting to murder Schiller.

Schiller, who was left for dead after being tortured, testified against Doorbal and co-defendant Daniel Lugo, 34, who also was convicted and sentenced to death for the two murders.

Ferrer later testified as a character witness for Schiller during his federal sentencing. The judge urged leniency because of the torture he suffered while a captive for almost a month. Schiller was sentenced to 46 months in federal prison.

Doorbal's case subsequently returned to Ferrer for a ruling on post-conviction motions to vacate his convictions and sentences. Ferrer refused Doorbal's request to withdraw because of his testimony for Schiller and rejected the motions.

In upholding Ferrer's decisions, the Supreme Court ruled Doorbal failed to "establish a well-grounded fear" he wouldn't get a fair hearing due to the judge's federal testimony.

The justices noted Ferrer did not specifically refer to Doorbal but repeated statements he had made in Doorbal's sentencing order, including the torture Schiller suffered.

"Nonetheless, we do emphasize that we do not encourage trial judges to testify on behalf of a victim," the justices wrote.

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