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For an optimal experience visit our site on another browser. NBC News Logo. Covid Politics U. It is his first such violation, according to the high court's opinion in the case. According to the court opinion, Anaya received a cellphone call April 3, , a Friday, from the father of Danielle Gallegos, who had been arrested and charged with multiple felonies that day.
Anaya received a second phone call the next day from the father, Fernando Gallegos, and then signed an order of release freeing Danielle Gallegos pending her trial. Magistrate Court protocols call for violent offenders to remain in custody until the next business day, giving prosecutors a chance to review charges and make determinations.
Anaya deprived them of that chance, the court opinion states. According to online court records, Danielle Gallegos, 31, was arrested on suspicion of two counts of trafficking controlled substances, both first-time offenses on a second-degree felony; child abuse not resulting in death or great bodily harm, criminal sexual penetration and aggravated battery with a weapon, all third-degree felonies; conspiracy to commit aggravated battery with a deadly weapon, aggravated assault with a deadly weapon, conspiracy to commit aggravated assault with a deadly weapon and possession of a controlled substance, all fourth-degree felonies; and delivery or manufacture of drug paraphernalia, a misdemeanor.
The status of the case was unclear in court records. The high court opinion states Anaya should have interrupted Fernando Gallegos during the first call to say the contact was improper and then told him to consult with a lawyer or have his daughter file a motion. It adds Anaya should have recognized Fernando Gallegos' phone number when he called Saturday and not answered the phone — and once he did answer, he should have said he couldn't speak about the case without the prosecutor present, then ended the call.
Anaya should have notified the District Attorney's Office about both calls, the opinion states. Specifically, according to the court opinion, Anaya violated conduct code rules regarding compliance with the law, promoting confidence in the judiciary, avoiding external influences on judicial conduct, cooperation with others in administration of court business, ensuring the right to be heard and avoiding ex parte one-side only communications.
The censure amounts to a public condemnation of actions and "serves as an assurance to the public that improper judicial behavior will not be tolerated," according to the court opinion. Anaya, a Democrat, was elected to the court in and served two four-year terms, until he lost a primary election to Richard "Buzzy" Padilla.
Prosecutors described delaying the trial until May as excessive in the case of the officer charged with killing Atatiana Jefferson. Jordan Horston scored 16 points and grabbed 13 rebounds as the fifth-ranked Tennessee Lady Vols beat Vanderbilt Thursday night for their seventh straight victory.
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