Gary Craig

@gcraig1

One of the community's most polarizing criminal cases — the murder allegations against Charles Tan — added a new and unusual chapter Monday when the presiding judge was disciplined for his actions with the case.

The presiding judge, James Piampiano, breached judicial ethics when he discussed with the media the mistrial in the murder trial of Charles Tan, the state’s judicial watchdog has ruled. Piampiano later dismissed the murder charge against Tan.

The Commission on Judicial Conduct also ruled that Piampiano violated ethics when he threatened "to handcuff and jail a prosecutor for attempting to address him when he granted a defense motion to dismiss a murder charge" against Tan.

The commission hit Piampiano with a formal censure, its most severe punishment short of removal from the bench.

► Andreatta: Charles Tan case was a travesty of justice

Judges are prohibited from publicly discussing pending cases, the commission ruled.

Piampiano was a County Court judge when he presided over the 2015 trial of Tan, the Cornell University student from Pittsford who was accused of fatally shooting his father.

In media interviews, Piampiano "went well beyond general explanations of the law," which can sometimes be permitted, the commission said in a decision.

"Especially troubling is his description of (Tan) as a 'sympathetic' figure," the commission said about a comment Piampiano made to the media.

Piampiano agreed with the commission's findings and discipline and "pledged to conduct himself in accordance" with judicial ethics, according to the commission. He has never previously been disciplined.

"What a judge says in court is rightfully public and available to report," Commission Administrator Robert Tembeckjian said in a statement. "But a judge must not undermine public confidence in the judiciary by making public comments off the bench on the merits of pending or impending cases.

"A judge must avoid even the appearance of deciding a matter before the trial or appellate record is complete," Tembeckjian said. "Here again, to his credit, Judge Piampiano acknowledged and accepted responsibility for his behavior.”

The investigation was conducted by the commission's Rochester office and overseen by the commission's deputy administrator, John Postel.

Piampiano declined comment Monday and referred questions to his attorney, John Speranza. Speranza was not immediately available for comment.

TIMELINE: Charlie Tan murder case

FROM 2015: Commission needs to review Tan judge, Andreatta says

A censure is basically a severe reprimand.The commission also has a lesser punishment — an admonition.

Practically, the difference between a censure and admonition is that, should a judge again commit misconduct, the censure will be given more weight when considering the future punishment. For instance, a judge once hit with a censure could be more likely to be removed from the bench with another act of misconduct.

In the Tan case, Piampiano declared a mistrial on Oct. 8, 2015, with the consent of attorneys. The ruling came after a decision that jurors, who were deliberating, were likely at a stalemate. The jurors had deliberated for eight days and had once said they were unable to reach a verdict.

Later that day Piampiano agreed to interviews with local media, including the Democrat and Chronicle, to discuss the mistrial decision.

The case against Tan was still pending after the mistrial, with the possibility that he would be tried again. On Nov. 5, 2015, however, Piampiano dismissed the case, determining that the prosecution had not presented enough proof to justify the criminal charge against Tan.

As he was detailing his reasoning for dismissing the second-degree murder count, Assistant District Attorney William Gargan asked, "Judge, may I briefly speak?"

Piampiano responded, "No, you may not. If you speak I'm going to put you in handcuffs and put you in jail."

Piampiano then continued with his reasoning for dismissing the case.

To grant the dismissal, Piampiano had to decide there was not sufficient evidence to warrant a criminal charge against Tan, with the evidence considered in the "light most favorable to the prosecution."

Tan had an immense base of supporters, who raised tens of thousands of dollars for his bail and defense. There were allegations that his father, Liang "Jim" Tan, had been abusive.

Few criminal cases create such a public interest — or debate over whether the accused should be a free man or should be in prison. Dateline NBC dedicated a show to the criminal case.

The District Attorney’s office has appealed Piampiano’s decision to dismiss the second-degree murder charge against Tan, and an appellate decision could be released in coming weeks.

In November 2015, Piampiano was elected to state Supreme Court. The election was held before he dismissed the criminal count.

GCRAIG@Gannett.com

Piampiano James J 2017 03 13 DET | Prosecutor | Judiciaries