Court won't disqualify judge in case

A federal appeals court yesterday refused to disqualify a judge from the case of a man suing the Boston Police Department for a wrongful conviction in three rapes even though the city said remarks she made betrayed a "deep-seated favoritism and antagonism."

In a one-paragraph order, the Court of Appeals for the First Circuit said comments made by US District Judge Nancy Gertner "do not warrant the extraordinary relief" sought by the city, which challenged Gertner's recent refusal to recuse herself from the civil rights lawsuit.

At an Oct. 8 hearing in her Boston courtroom, Gertner questioned whether plans to deport the plaintiff, Ulysses Rodriguez Charles, to his native Trinidad soon were "somehow related" to his lawsuit. His suit is scheduled to go to trial in April, and Gertner urged federal authorities to delay deporting him until May.

John P. Roache, a private lawyer defending the city, said in a Nov. 4 motion that Gertner disparaged his client by voicing "wholly unfounded suspicions" that federal immigration authorities might have colluded with the city to try to deport Charles before his trial. Roache then asked Gertner to recuse herself.

But Gertner said in a Nov. 25 response that she raised legitimate questions about the timing of deportation proceedings and repeatedly "hedged" by noting that she had no reason to believe there had been collusion.

The Appeals Court said yesterday that it almost always turns down requests to order a judge to disqualify himself or herself. The three-member panel said the city can challenge the ruling in an appeal after the suit goes to trial.