Firearms Owners Against Crime
Institute for Legal, Legislative and Educational Action
Institute for Legal, Legislative and Educational Action
A Lehigh County Court hearing erupted in yelling Friday, with the defense attorney calling the trial a "farce" and the judge calling the attorney a "lunatic."
Attorney Jack McMahon, who is defending the Allentown police chief's son charged with pointing a gun at two undercover detectives, flipped out after Judge Kelly Banach ruled she would not instruct the jury to consider a justification defense.
McMahon called it the most unjust ruling in his 38 years as an attorney.
"This is not even fair at all – this is a farce," he said. "It just shocks the conscience of every reasonable person."
Allentown resident Christopher Fitzgerald, the son of Allentown police Chief Joel Fitzgerald, is on trial on charges for simple assault and reckless endangerment for allegedly pointing a gun at two undercover detectives on MacArthur Road in Whitehall Township. Fitzgerald, who testified earlier Friday, said he feared the two men, who he didn't know were law enforcement, followed and scared him and that he only displayed his gun to them.
The jury had already been dismissed for the day when the heated argument began.
Banach angered McMahon when she said Fitzgerald pointed a gun at the officers after they "tailgated" him. McMahon strongly objected to the use of the word tailgating and said the incident involved much more than that.
"If that's the way you saw this evidence, you haven't been here for two days," McMahon said.
As McMahon sat down, he sighed loudly, for which Banach scolded him.
"Mr. McMahon, I would expect better behavior," she said.
McMahon apologized but then got even angrier when Banach ruled she would not instruct the jury to consider justification as a reason Fitzgerald either displayed or pointed his gun at the detectives. McMahon said considering justification is a standard jury instruction.
"For you not to tell the jury, then there is no defense to this case," he said. "This court is biased to what we're trying to demonstrate here."
Fitzgerald started to cry following the ruling, which McMahon pointed out to Banach. She pointed the finger back at him.
"The reason he's crying is you're carrying on like a lunatic," she said.
After her ruling, Banach told McMahon that she always likes to be further educated and would welcome the state Superior Court to weigh in on the matter.
"It's all on the record – it's a wonderful record," she said, somewhat sarcastically.
McMahon declined further comment outside the courtroom, as did Joel Fitzgerald.
Closing arguments are expected to be presented Monday, after which the jury will deliberate. The trial started Wednesday.