Rhode Island news
A former judge and a scratched bumper add up to a two-day trial
11:17 AM EST on Friday, January 26, 2007
Defense lawyer William Devereaux presents evidence yesterday at the trial of former Traffic Tribunal Judge Marjorie Yashar. Looking on is prosecutor Christian Capizzo.
The Providence Journal / John Freidah
CRANSTON — Both sides rested yesterday in the case of Rhode Island’s most famous scratched bumper, bringing to close the trial of former Traffic Tribunal Judge Marjorie R. Yashar, who stands accused of driving into another car in a courthouse parking lot and driving away without leaving a note.
Judge George E. Healy Jr. took the testimony under consideration and said he will issue a written decision by the end of the day Monday.
Yashar did not attend yesterday’s proceedings at the new Traffic Tribunal complex off New London Avenue. She was not required to be there, as long as her lawyer attended. Unlike the former traffic courthouse on Harris Avenue in Providence — where the bumper was alleged to have been scratched in June 2005 — the brand new building combines the modern concepts of proper lighting and comfortable seats with ample parking outside. Unlike the former court building, which shared a parking lot with a strip club, the new courthouse lacks adult entertainment next door.
Yashar retired as a traffic judge in September 2005. She had been accused of ethics violations and domestic assault on her husband. The state’s attorney general and general treasurer went to court last April to try to reduce Yashar’s $120,000 annual pension, arguing that the eight months she spent on unpaid leave should not count toward her state service. The case was assigned to a judge last July.
Healy, the chief judge of the state Workers’ Compensation Court, heard the fender-bender case yesterday because the Traffic Tribunal judges and magistrates had recused themselves from hearing the case of a former colleague, according to courts spokesman Craig N. Berke. Yashar’s trial began on Monday, Berke said, with the testimony of some witnesses. Yashar did not attend that day, either. The matter had been adjourned until yesterday.
Just one witness testified yesterday: traffic court Magistrate Domenic A. DiSandro III, the owner of the car Yashar is accused of striking.
DiSandro told the court he was at work on June 22, 2005, when he was informed that Judge Yashar had been seen colliding with his car around lunchtime, and then driving off. He checked his car, finding a “cut” in the plastic near the bumper and “superficial scratches.” He had intended to ask Yashar about what happened after she returned from lunch, but Yashar called in sick that afternoon.
The next morning, he spoke to Yashar about the bumper. He said Yashar claimed at first she didn’t recall the incident, then acknowledged she hit his car and offered to pay for the damage.
Defense lawyer William P. Devereaux suggested that the damage to DiSandro’s car was slight — DiSandro has already buffed most of the scratches out — and that the case never should have gotten to court. “The way to handle these things … is that the two parties work things out for themselves,” he said. “It’s what you would expect two normal people to do.”
The prosecutor, Special Assistant Attorney General Christian F. Capizzo, argued that the facts and the law are clear: Yashar struck another car and failed to notify the owner, as required in the statute. “Whether it’s a little bump or not, she collided with that car and had the responsibility to get out of her car and see if there was any damage,” he said.
With reports from projo.com staff writer Kate Bramson
“The way to handle these things … is that the two parties work things out for themselves.”
>defense lawyer
“The way to handle these things … is that the two parties work things out for themselves.”
>defense lawyer
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