Late one night in March 2020, Omar Herrera, 19, and a 17-year-old juvenile friend, identified as A.M., approached Manuel Sac Ajtzalam and a prostitute in the Mission District of San Francisco. Intending to rob them, the defendants got into an argument where punches were exchanged. Herrera was found guilty of... Read More »
With California Judge Charged With Wife’s Murder in the County Where He Resided, Can Local Prosecutors Deliver a Fair Trial?
An Orange County Superior Court judge from Anaheim, California, was arrested and charged with the murder of his wife. Judge Jeffrey Ferguson, 72, was arrested, booked for his wife’s murder, and then posted his $1 million bail last Friday, a day after the incident. The Orange County police received reports of a shooting in the judge’s home at about 8 p.m. Upon arrival, police discovered the judge’s wife, Sheryl Ferguson, 65, dead from being shot at the scene.
Hours before the fatal shooting, Judge Ferguson had shared a post of his wife from a decade ago saying, "I like that look!"
The Anaheim Police released a statement on their Facebook page, saying that they received numerous reports of a shooting from the 8500 block of E. Canyon Vista Drive. Mrs. Ferguson, who the police said was found “suffering from at least one gunshot wound,” was declared dead at the scene.
Judge Ferguson was home at the time and was immediately arrested.
The judge is a respected figure who launched his career as a county deputy district attorney in 1983. He was named prosecutor of the year four times, was elected the president of the North Orange County Bar Association, and has served as an elected judge of the Superior Court of Orange County since 2014.
Because the investigation is not finalized, the police released a statement saying they would not be disclosing any information since the case is ongoing.
However, the Anaheim police confirmed that they found numerous boxes of ammunition plus firearms in the judge’s home.
A local television news outlet interviewed a neighbor, who said she heard a man screaming, 'Don't shoot me.’”
The area where the home is located is nestled in a quiet area in the hills, where loud noises are easily heard, carried by the wind.
With the local authorities in shock, Orange County Superior Court Presiding Judge Maria Hernandez released a statement.
”Our thoughts go to the family. We all pray for their comfort during this trying time," said Judge Maria Hernandez. ”Although no case has been filed with our Court, when appropriate we will take all necessary steps to ensure full compliance with our legal and ethical obligations.”
The shooting death and arrest of the judge brings up some complex legal issues. As in all criminal cases, judges are protected by the 14th Amendment and are guaranteed a fair trial and due process.
Who will prosecute the case, since the local criminal justice authorities are in charge? Where will the hearings take place, since the alleged murder was committed in the same county where the judge presided since 2014 and also served as a leading prosecutor for 31 years?
The California Attorney General’s office has been studying the case in regard to whether or not local prosecutors will have a conflict of interest in handling the judge’s murder case.
The Orange County District Attorney's office announced, via their spokeswoman, Kimberly Edds, that there is no conflict in allowing the local authorities to handle the case.
“The California Attorney General’s Office has determined that the Orange County District Attorney’s Office at this time does not have a conflict and will prosecute this case,” Edds said.
However, no charges have yet been announced, and though the way is clear for the local prosecutors to handle the judge’s murder case, would the issue of conflict arise if the judge is found guilty, and he appeals his case?
The judge handling the murder case may indeed recommend transferring the case outside of Orange County if the judge believes there is a conflict of interest. This cannot occur yet, however, because no official charges have been filed.
The murder victim, Mrs. Ferguson, also worked for local government departments, including the Santa Barbara and Orange County probation departments and the American Funds Service Company.
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