Alleged racial comments by Allegheny County Judge Tranquilli could complicate past, future cases

Some defendants sentenced by embattled Allegheny County Judge Mark Tranquilli have already begun seeking post-conviction relief in their cases, something legal experts believe could continue as more of the judge’s questionable remarks come to light.

Tranquilli has been sidelined for more than a month after written complaints surfaced alleging he referred to a black female juror as “Aunt Jemima” in a conversation with two attorneys.

President Judge Kim Berkeley Clark signed an order Feb. 3 relegating him to hearing only summary appeals, and a follow-up order three days later placed him on administrative duty.

Attorney Thomas N. Farrell, who specializes in post-conviction relief, said Friday he’s had a number of prospective clients reach out to him wanting to review their cases.

“There have been allegations that there have been a lot of comments in a lot of proceedings – much more than the one everyone knows about,” Farrell said. “When there’s a history with the judge, it’s a lot easier for the defendant to say, ‘You know what, this guy’s got a history and then he said something in my case.’ It might have been an intemperate remark, but taking the history of everything, it could result in relief.”

Tranquilli allegedly made the remarks in a meeting with the prosecutor and defense attorney following a jury’s acquittal of a man facing drug charges.

The man was being retried on a charge of possession with intent to deliver after the first trial resulted in a split jury on that charge and a guilty verdict on a separate simple possession charge . Assistant District Attorney Thaddeus Dutkowski was trying the case, which was being defended by attorney Joe Otte.

The jury acquitted the man, at which point Tranquilli became “visibly upset” with the verdict, according to a complaint Otte made to the Judicial Conduct Board and obtained by the Tribune-Review.

Otte wrote that the judge requested he and Dutkowski stay for a conversation in his chambers after sentencing – and a private question-and-answer session with the jurors in the case.

Once in chambers, Otte wrote, Tranquilli voiced his unhappiness with the jurors and blamed Dutkowski for doing a poor job of screening potential jurors. He told the prosecutors he made a “terrible decision allowing ‘Aunt Jemima’ on the jury.”

Recusal protocol

Farrell said he believes that if Tranquilli ends up back on the bench, there will be many motions made by defense attorneys for him to recuse himself.

Bruce Antkowiak, a former federal prosecutor who teaches criminology at Saint Vincent College, said the recusal question could arise in both new cases and cases that have already been adjudicated.

“The question in a case that’s already happened is whether or not the judge should have recused himself,” he said.

The U.S. Constitution requires a judge to recuse themselves from a case for two reasons: When the judge has a financial interest in the outcome or when there’s a strong possibility the judge’s decision could be biased.

“As it appears, these comments were racial in nature, and the potential impact on any defendant about whom a comment like that was or could have been made – (he or she) potentially has a claim,” Antkowiak said.

Matthew Mangino, a former Lawrence County District Attorney and state parole board member, said he suspects the same.

“That’s where you’re going to see an influx of action – defense attorneys and defendants themselves being concerned about being in front of him,” he said.

Future perception

Mangino, now a defense attorney, stressed that he knows only what’s been revealed publicly about Tranquilli’s alleged remarks. He never tried a case in front of the judge, he said, but was aware of him as a prosecutor.

“Very competent and effective,” he said of Tranquilli, “but this is a different arena.”

He called the alleged comments that have come to light alarming, particularly in terms of Tranquilli’s demeanor and approach from the bench.

“The issue is how is he going to be perceived in the future, and I guess the concern is what else might we find out,” he said. “He’s been on the bench for a while, and I’m sure people are looking through proceedings and transcripts.”

Antkowiak, too, said future issues will be about perception.

“It’s going to be a difficult time unraveling this and determining whether there’s a path where, despite these comments, the individual can still serve in a judicial capacity,” he said. “It’s going to be a very significant issue, and it’s going to be raised in multiple cases, I’m sure.”

Potential appeals are less likely, Mangino said.

“I think a defendant would have to show on an appeal or post-conviction relief that there was really racial bias,” he said. “Absent trying to show racial bias, I don’t foresee a lot of cases being overturned or sent back.”

Seeking investigations

A number of organizations have called for an investigation into the situation, including the newly formed Pittsburgh Black Lawyers. The organization was formed following a meeting earlier this month to discuss the allegations.

“Judge Tranquilli’s alleged comments reflect a hardness of heart that causes one to question his past conduct as a prosecutor,” the group said in a statement signed by two dozen attorneys.

The statement called on the Judicial Conduct Board to conduct an investigation and for the Allegheny County District Attorney’s Office to review every case prosecuted by Tranquilli during his tenure in the office.

Investigations before the Judicial Conduct Board remain confidential for the first part of the process, said Richard Long, the board’s chief counsel.

He said once the investigation is complete, it goes before the board, which determines whether there’s a credible allegation of misconduct or it should be dismissed.

If the board decides there is probable cause to believe misconduct occurred, then a public complaint is filed against the judge.

“Any proceedings from that point forward are public,” Long said. “Any documents involving the court case are published on the (board’s) website.”

The Allegheny County Bar Association also called for an investigation, with president Lori McMaster saying the association has a duty to help eliminate implicit and explicit bias in the legal system.

The NAACP and the Black Political Empowerment Project have also condemned the alleged remarks. In a statement from the Pennsylvania Legislative Black Caucus, state Rep. Ed Gainey, D-Lincoln-Lemington, said remarks like Tranquilli’s are “why black and brown people have fear and reservations about our criminal justice system.”

Farrell said it makes it difficult to reassure clients.

“We try to tell the client that they have a fair process, and it’s difficult to even say that because you’re concerned there might not be a fair process,” he said.