President Barack Obama's nominee to the Second Circuit Court of Appeals evidently doesn't know the difference between a motive and an excuse. Judge Robert Chatigny, a federal court judge based in Connecticut, was picked by the president despite a judicial record which includes trying to bully a convicted serial killer's attorney into delaying his client's execution despite lower court rulings and the client's own instructions, Or perhaps he was picked because of such an attempt at judicial activism.

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Michael Ross, known as the "Roadside Strangler," was convicted in 1984 after confessing to the murder and rape of eight women. He was sentenced to death and after almost 20 years of fruitless legal wrangling, instructed his lawyers to stop any further appeals. When some of the killer's former defense attorneys and family members brought actions claiming Ross was incompetent to waive his appeals, Judge Chatigny held additional factual hearings and granted relief even though State courts had already ruled him competent.

His rulings were vacation by the appellate court and the US Supreme Court but that didn't stop Judge Chatigny from remaining an advocate for the confessed and convicted multiple murderer. He ordered a conference call with Ross's current attorney, the transcripts of which show he accused the man of "bringing about" his client's execution by not seeking a stay against that client's wishes. Even more heinous was the judge's attempt to diminish Ross's responsibility in the rapes and murders he committed saying, “Looking at the record in a light most favorable to Mr. Ross, he never should have been convicted. Or if convicted, he never should have been sentenced to death because his sexual sadism, which was found by every single person who looked at him, is clearly a mitigating factor." (source)

Raping and murdering eight women in order to achieve sexual gratification is not a mitigating factor, Your Honor. It is what's known as a motive. Despite complaints filed by State attorneys about Judge Chatigny's behavior, no sanctions were imposed. Justice did eventually prevail in the case; Michael Ross was executed on May 23, 2005.

Fast forward to yesterday. Judge Robert Chatigny, now an Obama nominee to an even higher federal court, faced a confirmation hearing before the Senate Judiciary Committee. When questioned by Republican senators about his actions in the Ross case, the judge called it "a learning experience" and said his words were "excessive." He also apologized, said he handled the situation the wrong way and explained that it happened at the end of a stressful week, and was a "unique," emergency, “life or death” decision. (source)

It's not like there will be any stress if he is appointed to the Second Circuit Court of Appeals. No life or death decisions made there, right?