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                               	The Indiana Supreme Court has ordered a new trial for a convicted child molester because of the conduct from the longtime
                               trial judge, who resigned from the bench in September amid a judicial misconduct investigation.
                               	Justices issued a decision Thursday afternoon in the case of Steven W. Everling v. State of Indiana, No. 48S05-0911-CR-506, reversing the child molesting convictions
                               and 110-year sentence imposed by now-retired Madison Circuit Judge Fredrick R. Spencer. The court described the former judge
                               as being biased against the defendant by barring several defense witnesses during the 2008 trial, helping prosecutors with
                               objections in court, and by repeatedly disparaging and criticizing the man’s Anderson attorney who had previously filed
                               a judicial misconduct complaint against him.
                               	Chief Justice Randall T. Shepard says the record showed “a lack of impartiality,” and he wrote that “the
                               cumulative result of Judge Spencer’s comments, exclusions, and general demeanor toward the defense was a trial below
                               the standard towards which Indiana strives.”
                               	Remanding the case for a new trial, the justices noted this wasn’t the first time Judge Spencer had displayed this
                               kind of behavior on the bench.
                               	“Unfortunately, this is not the first case in which Judge Spencer made inappropriate declarations in a criminal trial,”
                               the chief justice wrote, citing Abernathy v. State, 524 N.E. 2d 12 (Ind. 1988) where the judge had made comments
                               showing bias and impartiality and the justices reversed and remanded for a new trial.
                               	Before stepping down Sept. 25 following a 26-year career on the bench, Judge Spencer had faced a judicial ethics commission
                               investigation into his conduct related to the 2007 murder trial of State v. Ward, No. 48C01-0612-MR-00480, in which
                               Kathy Jo Ward was convicted of voluntary manslaughter in the shooting death of her husband while he slept. Some public details
                               included allegations that Judge Spencer initiated ex parte communications concerning matters pending in the court, decided
                               issues prematurely and on the basis of improper considerations, and attempted to deprive a person of her constitutional right
                               to appeal and her statutory right to seek modification of her sentence.
                               	That had been the fifth time in 12 years that Judge Spencer faced a judicial misconduct investigation and received a sanction
                               as a result.
                               	As a result of his resignation last year, the ruling doesn’t mention and there’s no likely disciplinary action
                               that will follow in this case.
                               	 
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