Convicted pimp who alleged racial bias by federal judge deserves hearing on claim, 11th Circuit says
A black man convicted of forcing women into prostitution will get a hearing on his claim that the Georgia federal judge who convicted him was racially biased against him.
The Atlanta-based 11th U.S. Circuit Court of Appeals ruled (PDF) on Monday in a case involving former U.S. District Judge Jack Camp, the National Law Journal (sub. req.) reports. Camp was sentenced to 30 days in jail in March 2011 for helping a stripper buy drugs.
Camp had sentenced the defendant, Harrison Norris, to life in prison, but a prior appeals court ruling overturned the sentence for being an impermissible general sentence. On remand, a different judge sentenced Norris to 35 years in prison. Now Norris is seeking a new trial based on an alleged violation of his due-process rights.
Norris cited a recorded phone call in which Camp discussed a defendant believed to be Norris. Camp was speaking with “S.R.,” a witness in the federal investigation of Camp. S.R. told authorities that Camp had a difficult time judging the cases of black defendants because he disliked S.R.’s black boyfriend, who Camp believed was taking advantage of S.R.
In the phone call, S.R. asked Camp’s personal opinion about Norris, who forced mostly white women into prostitution. S. R. asked if black men pimping white women “just burns you up, you know, and you just couldn’t help but to want to give them [life]?” Camp replied, “It does burn me up, but isn’t locking him up until, maybe, he’s 68 enough?” Camp also said “there are always two sides” to these cases.
S.R. also said during the phone call that at one point Camp had wanted to give life sentences to all men like the defendant being discussed. S.R. asked if Camp still couldn’t help giving life sentences to such defendants. “Well, maybe I should,” Camp said. “I’m much more sensitive to that after talking with you.”
Norris had also alleged Camp was mentally incompetent, citing the judge’s admission that he had bipolar disorder and had suffered a brain injury in a bicycling accident, causing mood issues and problems with impulse control.
The appeals court said Norris was entitled to a hearing on the racial bias claim because he had identified specific statements implying prejudice. But the appeals court said the trial judge correctly denied Norris’ claim regarding Camp’s competence because it was “based on unsupported generalizations.”
“Nothing in the transcript suggests that Camp was incompetent, and many competent judges make minor errors such as imposing an improper general sentence,” the appeals court said. “The mere fact that Camp suffered from mental illness is insufficient to warrant an evidentiary hearing.”
