Witness jailed by judge till both sides cry foul

When an alleged victim of domestic violence recanted her claims last week, a judge interrogated her in court without counsel and threw her in jail on a $10,000 bond for filing a false report.

Even after District Judge Sheila Collins was told later the same day that the defendant had called the woman from jail and told her to lie in court, Collins refused to drop Jasmine Stone's bail and release her.

She was finally released after six hours by another judge, Erica Williams, who dismissed the charge the next day and apologized to her "on behalf of everyone who wears a robe."

"This was outrageous and disgusting," Williams said. "What happened to you should never happen to a victim."

The offices of the Jefferson County attorney and public defender agreed that what Collins did was a miscarriage of justice, and in an extraordinary move between usual adversaries, they cooperated to win her release.

Amy Hannah, a trial division chief in the public defender's office, said Collins' order locking Stone up was "illegal and offensive," while Susan Ely, chief criminal prosecutor for County Attorney Mike O'Connell, said it would have been a "travesty" to prosecute Stone.

Collins did not respond to messages seeking comment, but Chief Circuit Judge McKay Chauvin, who set aside the bond, ultimately allowing Stone's release, said Collins acted in good faith.

He said it can be frustrating for judges — even "scary" — when a witness recants, impeding prosecution and the protection of the recanting witness.

While ruling that Collins didn't have the authority to set bond, Chauvin said, "I recognize and appreciate Judge Collins' frustration."

Williams, who also expunged the charge against Stone, said she understands that judges can get frustrated, but added, "That doesn't mean you take it out on somebody else. If that happens to you, step off."

Public defenders and prosecutors say Collins shouldn't have grilled Stone without counsel and without advising her of her rights. They also say Collins violated Stone's right to a reasonable bond by setting it twice as high as for Lomac Jeter, who is charged with assaulting Stone.

The Center for Women and Families said in a statement that "it is common for victims of intimate partner violence to recant or retract statements. However, that does not mean that the abuse did not take place."

The case unfolded at a bond reduction hearing on Thursday for Jeter, 33.

After his lawyer told Collins that Stone was now denying she was struck, Collins ordered her to come before the bench and began questioning her about the report she'd given to a Louisville Metro Police officer.

"So he made up all that stuff?" Collins asked her.

"I made up all that stuff," Stone said.

Asked about photographs the officer took of her apparent injuries, Stone said she had no bruises or scratches. And — just two minutes into the hearing — when Stone said she had falsely written in a domestic violence petition that she was pregnant when she was allegedly assaulted, Collins said, "Sheriff, take her into custody."

She also ordered Assistant County Attorney Carly Harvey to charge her with falsifying a statement.

"The fact of the matter, ma'am, is I think you probably were telling some of the truth then," Collins said as Stone was being handcuffed. "I don't think police just came out there for the heck of it and made this whole thing up, just because they felt like it."

Harvey pleaded with Collins not to jail Stone.

"Domestic violence victims often say two different stories," Harvey said. "She could be under intimidation. There are many reasons why she could be telling a different story."

But Collins set bond at $10,000 for the misdemeanor, and she wouldn't reconsider until the next day.

The county attorney's office refused to charge Stone, and a deputy sheriff issued a citation, apparently at Collins' behest. The deputy wrote on it, "Officer says he knows nothing of case."

Only after Stone was arrested did Collins ask her if she needed a lawyer. She said she did and was appointed a public defender.

With Stone in jail — and apparently doomed to stay there overnight — the county attorney's office began investigating whether she'd been coerced into changing her statement.

It found that Jeter had made 12 calls to her, including one the night before the hearing in which he told her to go to court and say that she lied — that she wasn't assaulted and wasn't pregnant. He said if she got in trouble for lying, he would get her out of it, according to court records.

The prosecution and defense took the case before Collins again later the same afternoon. Ely disclosed the phone calls, saying Stone was more afraid of her boyfriend than what the court would do if she lied.

But Collins refused to budge, saying she still wouldn't reconsider until the next morning, when the arresting officer would be available to testify.

The public defender then turned to Chauvin, filing a writ for Stone's release and attaching an affidavit from Ely.

They jointly argued that Collins had no authority to order an arrest, that only the executive branch can do that, and that she violated the separation of powers. They also said Collins violated Stone's rights by grilling her without counsel and setting such a high bond for such a minor offense.

Chauvin rejected most of their arguments. But he struck down the bond, saying it should have been set by an arraignment court judge, not Collins.

Stone's lawyers were able to get Williams, the duty judge, to release her Thursday night, and the next morning Williams profusely apologized as she dismissed the charge.

"She is a colleague of mine," Williams said of Collins. "But she shouldn't have done this to you."

Reporter Andrew Wolfson can be reached at (502) 582-7189