posted on May, 14 2010 @ 09:43 PM
Not knowing near enough about this case, and the circumstances around it, especially given the content of the e-mails Mertaris had been sending the
judge, it is hard to speculate, one way or the other, why the DA's office agreed to pursue this. One, if construing this in favor of government,
would have to believe those e-mails had something to do of a sexual nature, and if they did, Mertaris is going to have a tough time convincing anyone
he meant no harm while alone in the judges office. Of course, since they were alone, and it remains his word against hers, the judge is going to have
a tough time proving sexual harassment, unless those e-mail prove to be damaging to Mertaris in this regard.
All we can do is assume, based upon the story offered. However, if the e-mails are innocuous, and do not possess any sexual references, and are just
e-mails from a persistent lawyer zealously defending and acting as an advocate for his clients, then this is indeed very damaging to the judge, who
would then be guilty of acting under color of law
, as would be the prosecutor. Further,
both would be guilty of malicious prosecution
, and if the case is
baseless then the prosecution had no legal authority to push forward with this case which would make that prosecutor guilty of
impersonating a public servant/or government official
and both the judge and prosecutor would be guilt of obstruction of justice
that is a lot of if's given how little we know about the case.