Judge Ferguson's murder retrial begins amid rebuke over media appearances

The murder retrial of Orange County Superior Court Judge Jeffrey M. Ferguson opened Monday under a cloud of tension, as jury selection began following a dramatic morning that included Ferguson's late arrival, a denied request to delay proceedings, and a stern public admonishment from the bench over his post-mistrial media appearances.

Los Angeles County Judge Eleanor J. Hunter, who is presiding over the case in Santa Ana, delivered a stern rebuke of Ferguson's media appearances after his first trial ended in a mistrial.

"Is he still going to be making his rounds on television doing interviews," she asked lead defense attorney Cameron Talley. "Because let me tell you: He is still employed by the state of California. He is still receiving $250,000 a year in pay. Just as reminder it is also a violation of the judicial code of ethics as a judge to try and influence the opinion of a juror or potential juror."

Talley said Ferguson was giving no more media interviews.

Following the March 10 hung jury - 11-1 for conviction - Ferguson embarked on a blitzkrieg of television media interviews, mostly local TV stations that have deep penetration into the Orange County market.

Hunter's admonishment came at the conclusion of a morning that began with Ferguson's absence from the courtroom. When Hunter entered Department C-45 of the Santa Ana courthouse, she immediately instructed the bailiff to check if Ferguson was waiting in the hallway. After confirming he wasn't present, Hunter contacted Ferguson's attorney to decide whether to issue a bench warrant for his arrest.

At 9:20 a.m., Ferguson arrived at the courtroom without his counsel present. Following his arrival, discussions turned to the possibility of continuing the trial until June.

Earlier, Talley filed a form PC1050 motion to continue saying he would potentially be engaged in trial. The discussion became heated between Talley and Hunter, with Talley offering one reason after another as to why he could not begin today.

"For the record, I'm ready for trial, but I have two cases to discuss. Prior to today, one of them will likely be settled with a deal, so that case will probably go away. There is a second case that requires my attention, so that is the one I'm focusing on. Technically, I'm prepared for both."

His motion was denied. Jury selection continued throughout Monday and was expected to resume Tuesday.