Judicial Nominee Who Fought Serial Killer's Execution Up for Tough Hearing

Republicans are girding for a fight ahead of an appeals court nominee's Senate hearing on Wednesday, raising hard questions about the judge's role in fighting the execution of a notorious serial killer.

Connecticut District Court Judge Robert Chatigny's hearing was postponed last month after Republicans asked for more time to review his record. He gained national attention in 2005 for intervening in the scheduled execution of Michael Ross, also known as The Roadside Strangler, whom Chatigny had described as a victim of his own "sexual sadism."

The judge's conduct in that case, as well as his ruling in 2001 against sex offender registries created under Megan's Law, led some to question whether he showed a bias in favor of sex offenders.

Chatigny's hearing is back on the docket for Wednesday afternoon and promises to be at least as heated as the hearing two weeks ago for Goodwin Liu, another appeals court nominee whom Republicans grilled over dozens of initial omissions from his record and his allegedly loosey-goosey approach to interpreting the Constitution.

The objections to Chatigny, up for a position on the Second Circuit Court of Appeals, are less theoretical and process-oriented. Republican sources have called his conduct highly unusual and potentially disqualifying.

"(Senators) want to look at how he approaches the law and make sure it's done from a position of neutrality, and that political feelings ... or personal views on the criminal justice system are not influencing him," a Senate Republican aide said.

Chatigny stunned those involved in the Ross case when, in early 2005, he pressured the killer's attorney to challenge his execution even though Ross had said he did not want to fight.

The judge, on a conference call, raised concerns about whether Ross was mentally fit and whether prison isolation had led him to despair -- at the time of the conference call, federal appeals courts had overturned two prior orders from Chatigny postponing the execution.

According to a transcript of that Jan. 28 call, the judge threatened to go after the law license of Ross' attorney, T.R. Paulding. The judge also repeatedly stuck up for Ross, saying he suffered from "this affliction, this terrible disease" and suggesting Ross "may be the least culpable, the least, of the people on death row."

"Looking at the record in a light most favorable to Mr. Ross, he never should have been convicted," Chatigny said. "Or if convicted, he never should have been sentenced to death because his sexual sadism, which was found by every single person who looked at him, is clearly a mitigating factor."

Ross was convicted of killing four women and had confessed to killing eight, raping most of them. He was sentenced to death in 1987 and had been on death row for nearly two decades when Chatigny engaged in the last-minute battle with others on the case.

The execution, though temporarily delayed, was ultimately carried out.

But Chatigny's conduct raised widespread concern. Seven prosecutors from Connecticut filed a complaint against the judge with the Judicial Council of the Second Circuit. He was later cleared of misconduct.

This year, in a letter dated March 5 to Senate Judiciary Committee Chairman Patrick Leahy and ranking Republican Sen. Jeff Sessions, one of those prosecutors wrote that Chatigny's actions in the run-up to the execution "call into question his suitability" for the Court of Appeals seat.

Michael O'Hare, an assistant state's attorney in Connecticut, accused Chatigny of having "completely abandoned the role of neutral and detached magistrate."

Republicans have also raised concern about Chatigny's sentencing record in child porn and other sex offense cases.

Meanwhile, Democrats have complained that Republicans are just using stalling tactics with nominees like Liu and Chatigny. Leahy, in a statement last month, accused Republicans of "stonewalling."

Chatigny does have his supporters, including former George W. Bush Attorney General Michael Mukasey and Connecticut Sens. Chris Dodd and Joe Lieberman, who issued a joint statement in February saying Chatigny had "consistently demonstrated his impressive legal abilities and a profound commitment to the rule of law."

They called him an "outstanding addition" to the Court of Appeals and pledged to work toward his "swift confirmation" through the Senate.

President Obama, in his Feb. 24 nomination announcement, called the judge a "first-rate" legal expert and "faithful" public servant.

Asked Tuesday about the upcoming hearing, Leahy's office said the chairman is reserving judgment about the nominee until after the hearing, as is typical.

"We have committee hearings so that we can hear from the nominees," Leahy spokeswoman Erica Chabot said.