Possible Misconduct In Tobacco Trial

Judge Fitzpatrick Said High Stress Was The Reason for His Early Retirement; Judicial Board Investigating

ST. PAUL, Updated 11:33 p.m. June 17, 1998 -- WCCO-TV is reporting the state board of judicial standards has started an investigation into possible misconduct by the judge in Minnesota's historic tobacco trial.

The judicial board will look into whether Judge Kenneth Fitzpatrick videotaped the defense's closing arguments in court without its permission, which attorneys say is a violation of court rules, reports the television station.

The investigation also is looking into whether the gathering of the jury after the settlement to hear closing arguments by the state without defense attorneys present violated proper procedure.

According to the television station, the investigation into the conduct of Fitzpatrick is not expected to affect the landmark tobacco settlement.

Meanwhile, WCCO-TV reported earlier this evening Judge Fitzpatrick accused lawyers representing the tobacco industry of attacking him personally during the historic trial, causing him to suffer from severe symptoms of stress.

In documents made public today, the judge residing over the Minnesota tobacco trial cited medical disabilities as the reason behind his request for an early retirement.

Already suffering from hypertension and heart disease, Fitzpatrick claimed in legal papers filed with the state that the tobacco trial drove him from the bench, WCCO-TV's Pat Kessler reported.

The tension between the tobacco lawyers and Fitzpatrick was obvious to those who followed the three-and-a-half month trial. At one point, the defense made an unsuccessful attempt to remove Fitzpatrick from the case.

Fitzpatrick apparently never made public his reaction to the tobacco lawyers, which he described as a racing heart, irregular heartbeat, flushed face and significant anxiety, the television station reports.

"Some days he'd just, I didn't know if he was just tired, you know, worn out," Dorothy Hallen, one of the jurors on the tobacco case, told the television station.

"Some days it definitely showed on his face, but I didn't know at the time that he'd been ill."

Earlier this month, Ramsey County Chief Justice Lawrence Cohen removed Fitzpatrick from all further proceeding regarding the trial. It was discovered Fitzpatrick was present at a private meeting where jurors heard the closing argument that lead plaintiff attorney Michael Ciresi didn't deliver during the trial and Fitzpatrick may have videotaped closing arguments of the defense without its OK, reports The Associated Press.

At that time, Cohen wrote that Judge Fitzpatrick's neutrality "might now be called into question if he continued to preside over the case."

Fitzpatrick requested an early retirement, which was granted. Cohen has since taken over the case.

Although his career is over, Fitzpatrick will receive his full salary of $92,000 a year while on medical disability, reports the television station.

During a meeting last week, WCCO-TV reports the tobacco lawyers called Fitzpatrick's behavior "bizarre."

"We've already expressed publicly our concern about Judge Fitzpatrick. We're very pleased with Judge Cohen and the way he's handling this matter," said Phillip Morris attorney Peter Sipkins.

According to WCCO-TV, Cohen has forwarded complaints about Fitzpatrick's behavior to the board of judicial standards for review.

Denise Felder, Channel 4000 Staff Writer