Dec
19

Bar Counsel requests a finding that Thomas testified falsely at his own disciplinary hearing

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In their recently filed proposed findings, bar counsel including the following:

408. Thomas and Aubuchon’s Testimony About Probable Cause to Charge Judge Donahoe. At the hearing in this matter, Thomas testified that he brought the bribery charge against Judge Donahoe because the Judge was an “accessory” to the “Mundell-Stapley-Irvine triangle.”674 Thomas stated that he charged Judge Donahoe as an accomplice “because he was repeatedly beating back investigations into not only the court tower, but any of the principals who were involved in other matters or at the periphery of that deal, which [Thomas] considered corrupt.”675 According to Thomas, Judge Donahoe was an accessory to bribery because he did the following:

a. Quashed a grand jury subpoena concerning the Court Tower;

b. Disqualified MCAO from the Court Tower matter; and

c. Quashed a search warrant of an office in the Stapley matter.676

409. The Hearing Panel finds this testimony to be unbelievable. There was no mention in the PC statement attached to the direct complaint against Judge Donahoe that Judge Donahoe was an accessory to an alleged bribe involving Mundell, Stapley and Irvine.677 Thomas had attached the complaint and he assumed the PC statement to his news release about charging Donahoe.678 The fact that there is not one mention of Thomas’s theory in the PC statement indicates that his explanation is an attempt to create probable cause where there was none. No other witness in this hearing, including Aubuchon, testified that the theory for charging Judge Donahoe was that he was an accessory.

410. Further, this testimony is unbelievable because the three acts that Thomas points to as criminal were judicial decisions that Judge Donahoe made. There was no evidence presented to this Hearing Panel that MCAO or MCSO had evidence that Judge Donahoe accepted a bribe for making these judicial decisions. Thomas’s testimony that these acts constituted acts of an accessory to bribery is totally incredible. The Hearing Panel finds that Thomas engaged in misrepresentation at the hearing on this issue.

411. Aubuchon testified that the PC statement set forth probable cause to believe that Judge Donahoe engaged in bribery, hindering and obstruction.679 The Hearing Panel finds that testimony incredible. A reading of the PC statement indicates that it does not set forth any evidence of criminal conduct by Judge Donahoe. No lawyer, especially one with extensive criminal prosecution experience, could conclude otherwise. For Aubuchon to testify that it did set forth probable cause indicates that she engaged in misrepresentation to this Hearing Panel. As noted above, no other evidence except that in the PC statement was presented to this Hearing Panel that Judge Donahoe engaged in crimes.

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