Judge reprimands Ferguson for disruptive testimony in wife's murder retrial

Amid tense cross-examination Friday, Los Angeles County Superior Court Judge Eleanor J. Hunter halted testimony in the retrial of Orange County Judge Jeffrey M. Ferguson, sharply rebuking the defendant for attempting to control courtroom proceedings and reminding him that, with his decades of legal experience, he should know better.

"Mr. Ferguson, you were a district attorney for thirty years. You were a judge for nearly ten years. I'm assuming you have tried cases as a judge before, so you know how this works. You are ordered not to interject. You are ordered to just answer the question. If you don't understand, say, 'I don't understand.' If you don't hear it correctly, say so and they'll say it again," Hunter said after the jury had left the courtroom.

Then, turning to the defense attorney Cameron J. Talley, Hunter continued: "Your client is interjecting things, and he wants to take control of this situation Mr. Talley."

Finally, she said: "Mr. Ferguson, you are not going to be in control of this situation. Do you understand that?"

"Yeah," Ferguson replied.

Hunter has grown increasingly frustrated with Ferguson, now on trial a second time for the Aug. 3, 2023 shooting death of his wife. She repeatedly warned him--both during the first trial and again Thursday--not to cry in front of the jury, and has voiced irritation over his emotional television interviews last month following the hung jury.

On Thursday, as Ferguson grew weepy recounting how he met his wife, Hunter abruptly called a lunch break and warned his defense team she would dismiss the jury anytime he became emotional on the stand.

"He was on three television stations doing interviews after the last trial crying about his situation," Hunter said. "And I believe part of his testimony last time, correct me if I'm wrong, was that he testified that the jury is entitled to consider the actions of a witness at some point. He stated that as a human being he wanted to express sympathy and sorrow, and it was very obvious when he spoke that this was his intention."

Ferguson, 74, is accused of killing Sheryl Ferguson after a drunken argument over money and conflicts involving his adult son from a previous marriage. He faces three felony charges: second-degree murder, discharge of a firearm resulting in death, and use of a firearm during the commission of a felony. Ferguson claims the weapon discharged accidentally. People v. Ferguson, 23NF1975, (O.C. Super. Ct., filed Aug. 11, 2023).

After Hunter admonished Ferguson on Friday for trying to control his testimony, Deputy District Attorney Seton B. Hunt pressed him on his claim that he accidentally discharged the gun while placing it on a table in his Anaheim Hills home.

"There was so much clutter on the table it seemed reasonable to put the gun there," Ferguson said.

"What kind of clutter are you talking about?" Hunt asked.

"There was food, a coke, a video console, a plant, books, and a lizard," Ferguson responded. "There was no other place to put the gun,"

Hunt showed crime scene photos that revealed only books, a plant, and a ceramic lizard--none of the food, soda, or video console Ferguson claimed were present.

"Are you being truthful in your testimony?" Hunt asked.

"Yeah," Ferguson replied.

Hunt also questioned Ferguson about his firearm training and daily safety practices.

"Wouldn't you agree that handling a firearm that's loaded with a live round in close proximity to another person while you're pointing in their general direction is inherently dangerous?" Hunt asked.

"Yes," Ferguson responded.

"Then, if it was dangerous, why did you take it off and start to place it pointing in the direction of Sheryl?" Hunt asked.

"I can't answer that," Ferguson replied.

Over nearly two hours of cross-examination, Ferguson gave halting, often nonsensical answers as the jury watched closely and appeared to take detailed notes. After he left the stand, the jury was excused for the weekend. Closing arguments begin Monday.