This browser does not support the Video element.
Family of Eddie Irizarry questions fairness of judge who dismissed charges against ex-officer
The aunt of Eddie Irizarry, a Philadelphia man who was shot and killed by police during a traffic stop in August, said her family believes the "system failed" again after they learned the judge who dismissed all charges against Officer Mark Dial previously hired a divorce attorney who now works for the law firm that represented Dial.
PHILADELPHIA - The aunt of Eddie Irizarry, a Philadelphia man who was shot and killed by police during a traffic stop in August, said her family believes the "system failed" again after they learned the judge who dismissed all charges against Officer Mark Dial previously hired a divorce attorney who now works for the law firm that represented Dial.
"To know now that she's a client, it's messed up because now we feel like the system failed us all over again," Zoraida Garcia said. "The system is supposed to play fair."
Municipal Court Judge Wendy Pew ruled to drop murder, manslaughter and assault charges against Dial in the deadly Aug. 14 shooting of Irizarry during a traffic stop in Philadelphia's Kensington neighborhood. Dial, 27, was being defended by lawyers Brian McMonagle and Fortunato Perri from McMonagle, Perri Law Firm.
Days after the controversial ruling, it was discovered through court records that Pew hired prominent attorney Walter McHugh - who is now with McMonagle, Perri Law Firm - to represent her during a 2013 divorce proceeding.
RELATED HEADLINES
- Family of Eddie Irizarry speaks out after charges dropped against officer: 'We're going to continue to fight'
- Eddie Irizarry: Protests scheduled Tuesday night as city leaders call for peace
- Eddie Irizarry: All charges dismissed against Philadelphia officer in fatal traffic stop shooting
- Judge in Irizarry case previously hired lawyer who now works for law firm that represented ex-officer
Pew did not return calls when FOX 29's Jeff Cole reached out to see if she considered stepping away from the Irizarry case due to her past connection to McHugh, who now works for the law firm that represented former officer Dial. McHugh declined to comment, adding "I'm not talking about that right now, brother."
The Pennsylvania Code of Judicial Conduct dictates that judges should act in a way that garners public confidence in their "independence, fairness, impartiality, integrity and competence."
When asked about Judge Pew's decision not to recuse herself from the Irizarry case, Philadelphia District Attorney Larry Krasner did not offer a comment. Krasner's office immediately refiled charges against former officer Dial, including murder.
This browser does not support the Video element.
Judge in Irizarry case previously hired lawyer who now works for law firm that represented ex-officer
A Philadelphia judge whose controversial ruling to dismiss charges against former police officer Mark Dial in the shooting death of Eddie Irizarry is now facing questions after it was discovered that a lawyer who represented her in a divorce proceeding now works for the law firm that defended Dial.
"The rules in Pennsylvania don't require a judge to recuse themselves under those circumstances," said J.C. Lore, a law professor at Rutgers University. He added that Judge Pew did not have to step away from the Dial case if she believed she could be fair, but disclosing her past hiring of McHugh may have avoided controversy.
"The rule requires that a judge should disclose that information to the parties even if they don't personally believe that they need to recuse themselves, but it's not a mandate," Lore said.