District Court Judge Robert C. Wilcox, who apologized Friday for his remarks but stands behind his ruling, said in court on June 3 that he could not trust the victim in the case because she had sex with the defendant 10 days after the alleged assault.
"It's a word to the victims of the world, if you want justice you have to present yourself in a way that people will believe it," Judge Wilcox said shortly before finding Thomas E. Knight Jr., 48, not guilty of second-degree assault.
"It seems to me if I'm afraid of someone, I don't go sleep with them. I stay away from them," he said, explaining he sees no difference between a victim who is a spouse and a victim who is a bystander. "It isn't different. It will never be different. And I resent people when they say, 'But you don't understand domestic law, your honor.' I understand that. I understand that when human beings are afraid they act afraid."
Those comments, included in a recording released to The Capital on Wednesday, sparked outrage from domestic violence groups who fear his comments will deter future victims from coming forward.
They said most victims of domestic violence return to their abusers several times.
"The judge's comments reflect a fundamental misunderstanding about domestic violence," said Judy Wolfer, a managing attorney at the House of Ruth Domestic Violence Legal Clinic. "(They) just underscore the self-blame that victims already feel and actually might be used by abusers to vindicate their violence toward their partners."
Laure Ruth, legal projects manager for the Women's Law Center of Mary-land, added that if a judge isn't willing to trust a victim who returns to her abuser, then that judge won't be able to convict any abusers.
"That expectation denies the reality of domestic abuse," she said.
State's Attorney Frank Weathersbee said a witness' credibility is important, particularly in a case where only the victim and defendant know exactly what happened. He said it is the judge's "right" to gauge that credibility for himself and rule accordingly.
"However, I think comments indicating that if victims ever have a subsequent relationship with an abuser, then the abuse must not have happened, are very unfortunate," he said.
Mr. Weathersbee said he will continue to prosecute domestic abuse cases and encouraged all such victims to seek help from the police, his office and the YWCA.
"Most judges understand that the relationship between the abusers and the abused are very complex," he said, explaining "the courts will be helpful most of the time."
Judge Wilcox said Friday he stands behind his ruling, but after reading a partial transcript of the hearing he acknowledged he shouldn't have said what he said.
"I agree my remarks were intemperate. There is no excuse and I apologize," he said.
Lynn Krause, an Annapolis attorney and longtime friend of Judge Wilcox, said the remarks were out of character for his friend.
"He doesn't normally make comments like that," he said, praising Judge Wilcox as one of the best judges on the county's District Court bench. "He's well liked, well thought of, well respected," he said. "He has a very good insight into whether or not people are telling the truth."
The case
According to a recording of the 90-minute trial, prosecutors alleged Mr. Knight and Stephanie Hidrobo, his girlfriend of the past two years, were arguing about money Feb. 3 inside their house.
Ms. Hidrobo testified Mr. Knight punched her in her stomach, knocked her out of her chair and then kicked her several times in the thigh and knee. She said she left the house shortly after the alleged assault with her three children and went to a friend's house. She immediately reported the alleged assault and sought a protective order.
Ms. Hidrobo testified she suffered bruises to her thigh and legs during the assault, although officers did not see them the night of the alleged assault. Assistant State's Attorney Carolynn Grammas was not allowed to admit photos of the bruises into evidence because they were not turned over to defense counsel before the trial, but Andrea Padley, an attorney with the YWCA, testified she saw them a couple days after the alleged assault.
Mr. Knight also testified in his own defense. He denied hitting Ms. Hidrobo, saying only that they got into an argument while he was watching the Super Bowl and he told her to leave.
"I've never hurt Stephanie. I love Stephanie," he said.
Mr. Knight told the judge Ms. Hidrobo visited him Feb. 15 at his hotel room and that he saw her naked. He said he did not see the bruises.
That visit ruined Ms. Hidrobo's credibility, Judge Wilcox said. He noted that she received a final protective order four days before that visit.
Judge Wilcox said he couldn't believe anything the woman said if she was willing to return to her boyfriend so quickly. He also described Ms. Hidrobo's testimony as "robotic."
"At the end of the day, it is a credibility case," he said.
Mr. Knight also faces charges he violated a protective order April 28. He is scheduled to appear in court on that case Sept. 2.
The judge
Judge Wilcox, a Republican who plans to retire in August 2009, took the bench in March 1997. He was appointed by Gov. Parris N. Glendening.
Before that, Judge Wilcox served for 11 years as the county's Administrative Hearing Officer, ruling on county zoning and land issues.
While sitting on the District Court bench in Annapolis, Judge Wilcox has heard countless bail hearings, protective orders and assault cases.
In August 2006, he was involved in one of the county's worst domestic violence cases.
Three weeks before Aubrey Mayhew killed his estranged wife, Ivy, inside her Arnold home, Judge Wilcox ordered his release from a county jail. Police had just arrested Mayhew for violating a protective order, but Mrs. Mayhew repeatedly told the judge she was not afraid of her husband.
"The alleged victim said she is not fearful, but does not want him to come around," Judge Wilcox said on a recording from that July 24, 2006, bond hearing, recapping what he just heard.
He restated that at least two more times before letting Mr. Mayhew out of jail on his own recognizance and telling him to stay away from his wife.
Mrs. Mayhew was murdered Aug. 13, 2006.
Mayhew pleaded guilty to second-degree murder March 16, 2007. He was sentenced to 30 years in prison - the maximum.
Similar case
Judge Wilcox is not the first county judge to draw the ire of the state's domestic violence groups.
Many of the same groups now complaining about Judge Wilcox also complained about Circuit Court Judge Paul F. Harris Jr. last year. Judge Harris said that since a victim didn't come to court and testify, he couldn't be sure she didn't consent to the assault.
"You have very rare cases. Sadomasochists sometimes like to be beat up," he said Oct. 3 before acquitting Michael Antonio Webb, 24, of Columbia, of second-degree assault.
In that case, a county police officer testified she saw Mr. Webb throw three punches through the open door of his girlfriend's car outside a Maryland City gas station. The alleged victim initially spoke to police, but subsequently refused to testify in court.
Judge Harris questioned the state's attorney's decision to bring the case to court without the victim.
"The state is stepping into the shoes of the victim when she obviously doesn't care," Judge Harris added. "It's that big brother mentality of the state. I know it's your policy (to bring domestic abuse cases without victims), and I appreciate that and I'm not faulting it, but I have to decide the case on what I have. I think a crucial element is missing."
Janis M. Harvey, now former CEO of the YWCA of Annapolis and Anne Arundel County, at the time chastised the judge.
"To follow that line of thought would be to condone all domestic violence when the victim is too afraid to testify," she said.
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jean - 2008-06-17 16:11:01
Maybe maybe not; like you said only those two know what really happened.
As far as her ex, I have no fear; I'm in law and I have cuffs.
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Allen Stallings - Hyattsville, MD - Karma: Bad
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Allen - 2008-06-17 16:05:32
No, I do not have her number have no need for it. I am not picking on her, if you read I stated both sides smell of ill will here, and as a taxpayer, I do not like seeing my money wasted by two people who can't get along or tell half truths. By the way Allen, I would be careful, it sounds like she has a violent ex to watch out for!
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jean r. - bowie, MD - Karma: Bad
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yea-knight=bad apple - 2008-06-17 16:03:53
Yeah and the bad apple is a knight.
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Allen Stallings - Hyattsville, MD - Karma: Bad
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Jean - 2008-06-17 16:00:18
Poor, Poor Jean...has the need to pick on victims.....
she might want to be careful.....
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Allen Stallings - Hyattsville, MD - Karma: Bad
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Jean - 2008-06-17 15:57:51
I have to congratulate MS. Hidrobo for removing herself from a violent situation.
She looked hot on TV ! Do you have her number??
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A. Stallings - Hyattsville, MD - Karma: Bad
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Then move on already - 2008-06-17 15:54:06
Guess I hit a nerve there huh? I was not advocating anyone using violence. I was addressing the fact that it seems both sides here are lying, one obviously more than the other in my opinion. It is a waste of time and resources for this high school behavior in our court system. It is situations like these that make it difficult for victims to come forward, one bad apple spoils the bunch as they say. Strange behavior for someone who wants to move on, you seem to be posting comments left and right on this site, and very defensive might I add. I hope you can move on beyond this and have a normal life whatever that means. Hopefully you will find a companion someday who isn't violent, since it looks like everyone in your past has assaulted you.
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jean r. - bowie, MD - Karma: Bad
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Pattern? - 2008-06-17 15:38:57
Yeah--the only pattern here is that I somehow date men that abusive.
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stephanie hidrobo - Severn, MD - Karma: Bad
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whatever - 2008-06-17 15:35:19
okay--
nothing gives any one the right to assault someone...NOTHING
some people need to have more consideration and respect and let the victims go on!
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stephanie hidrobo - Severn, MD - Karma: Bad
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Something Stinks! - 2008-06-17 15:17:48
I have been following the comments on this story and something stinks here. First of all, I had an ex-husband that I had to get a restraining order against for obvious reasons, so I know a little about these situations. The last thing I would have done would be to go see him 10 days later just because he called and sent flowers. The second to last thing I would have done would be to further provoke him by posting comments on this website after the case was thrown out of court and he was still allowed visitation with my daughter. I find it amusing that the website has taken them down, still Ms. Hidrobo continues to post comments about a person she supposedly needs protection from. I have looked at the MD Judiciary website (before Mr. Knight suggested it in his comment) and it looks to me like there is a pattern here with Ms. Hidrobo. This is probably what irritated the Judge so badly for him to make the comments he made. I am not saying they were appropriate, but I think we have all made the same mistake in a moment of frustration, especially with the waste of the courts time and resources. The relationship between Ms. Hidrobo and Mr. Knight is obviously not a good one, only they know what really happened that night. But as I said in the begining, something stinks here. Especially the fact that I have testified in court before, they ask you if you are under the influence of anything or if you have a mental deficiency. If you were in fact on medication that made you "robotic" the case should have been postponed.
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Comment removed by HometownAnnapolis staff. - 2008-06-17 14:01:35
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Thanks! - 2008-06-17 12:37:32
I just want to thank the wonderful community that is standing up for me and all victims of domestic violence!
Special Thanks to the Civil advocates, YWCA, and all others involved in protecting us victims of domestic violence so that we may in order be able to move on with our lives without fear and the violence.
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here we go again!! - 2008-06-17 00:35:36
There are alot of women who know the domestic violence laws and use them to there advantage. It helps in divorce and child custody cases all the time!
Of course there will always be some cases that slip by, but oversight of these cases are important for mens rights!!
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Excuses - 2008-06-16 21:20:01
Judge Wilcox MUST rule on what he sees. And I humbly suggest the plaintiff not have sex with persons she has declared herself to be afraid of. Sorry folks, it aint about 'feelings', it's about facts and the fact is the plaintiff treated the defendant to the bed very soon after she complained. I suggest other folks that have been battered to do otherwise.
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Paul F. - Shady Side, MD - Karma: Bad
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Wonderful.... - 2008-06-15 20:40:21
Great, I never knew I lived in a state that is so backwards when it comes to judges dealing with domestic violence cases. Embarrassing!!!
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J. Jovkovich - Annapolis, MD - Karma: Neutral
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Maryland's Shame - 2008-06-15 12:34:33
Society and the voters recognize domestic violence as the serious crime that it is. Why doesn't Judge Wilcox? Why is The Maryland Commission on Judicial Disabilities in MD ignoring these judges outrageous rulings? Are they not investigating these complaints and the impact these rulings have on the victims? Or are the courts in MD unconcerned over the profound and enduring costs to victims again betrayed by these judges?
This embodies the ignorance displayed by sitting judges in MD and around the country. How can they possibly rule when they disregard medical studies about the profound effects of intimate partner violence and behaviors of domestic violence victims? If these judges refuse to consider into evidence well documented studies, and instead adapt their own predisposed ignorant opinions into the courtroom, then they are making a mockery of the law. They are not all knowing Gods, and if they cannot be unbiased then they should be removed from the bench.
As for the House of Ruth and the Women's Law Center in MD, they should be ashamed that they are not pro actively demanding the removal of these judges. Also for not improving representation of domestic violence victims in a courtroom and legal setting. They receive funding for this, yet victims' civil rights are repeatedly violated without their intervention. Obtaining a protective order is only the first of many legal processes a victim must find their way through in this hostile, prejudiced environment.
As a voter, and legal resident of MD, I am ashamed that this is allowable by our representatives and elected officials.
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Cynthia Balsano - Bel air, MD - Karma: Bad
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Judge Wilcox - 2008-06-15 11:36:38
In September of 2007 the Commission on Judicial Disabilities required Judge Wilcox to write a letter apologizing for his behavior during a hearing I attended with my father. In the letter Judge Wilcox stated, "In the future, I will try to be more sensitive and thoughtful with my remarks" after acknowledging they were "excessive and inappropriate." Apparently, Judge Wilcox will never learn from his mistakes; here he is apologizing AGAIN. He feels his position as a judge allows him to treat people however he wishes. Frankly, Mike Miller's son is more qualified to be a judge.
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p. mclaughlin - annapolis, MD - Karma: Bad
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