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E. Susan Garsh

Susan Garsh, born in 1947, is a Massachusetts Superior Court Judge in Bristol County.2 Garsh was appointed to her current position in 1993 by Governor William Weld.5 In her period of service as a Superior Court Judge, Garsh is known as being both fair and extremely well versed in law.7 She is set to preside over the high profile murder case involving former professional football player Aaron Hernandez in early 2015.5

Early Life and Education:

Susan Garsh, daughter of Henry and Rita Speier, was born on May 18, 1947 in the Massachusetts town of Fall River.6 The daughter of two immigrant parents, Susan Garsh stands as an advocate of immigrant rights and legal processes. Her stance on immigration would appear to be that of the Democratic Party’s ideology. Garsh attended Durfee High School where she graduated in 1965. Upon graduation of high school, Garsh went on with her education at liberal arts school, Barnard College in New York City where she graduated in 1969.6 Following completion of her degree, Garsh attended the illustrious Harvard University Law School where she would earn her J.D. in 1973.6 Following her time at Harvard University, Garsh would serve as a law clerk for Levin Campbell, who was also a Harvard University graduate in 19514. During the time Garsh was working as Campbell’s law clerk, he was serving on the United States Court of Appeals for the First Circuit in Boston, Massachusetts. Following her service under Judge Campbell, Garsh joined the international law firm of Bingham, Dana and Gould.4 Her service at this institution lasted from 1975 to 1993. During her time at Bingham, Dana and Gould, Garsh was mainly focused on financial cases. In 1985 she served as a defense attorney for The First National Bank of Boston. The case was heard in New Hampshire as the main concern of the case was New Hampshire’s “Long Arm” statute. Eventually the case was transferred to Massachusetts State court as it went beyond New Hampshires Jurisdiction. As of 2002, Bingham has gone through a number of different name changes as a result of mergers. The firm’s primary focus is on financial litigation, as was Garsh’s. While at the firm, Garsh and her constituents experienced tremendous growth and prosperity in the field.9 Today, Bingham stands as one of the United States most profitable law firms. Despite the taxing toll the 2008 recession had on the legal profession, Bingham continued to post profits at a time when others were cutting jobs and shrinking. Garsh left the firm in 1993 when she became a judge which ended her time as an attorney in the private sector. Garsh believes her experience she earned at Bingham, Dana and Gould was invaluable for her. She feels the experience has helped her understand what goes on with the other side of the bench.

Judicial Career:

The Judicial Career of Susan Garsh began in 1993 when she was appointed by Governor William Weld to her current position of Associate Justice of the Massachusetts Superior Court. Though Weld was elected to the position of Governor as a republican, he appointed Susan Garsh who tends to fall in line with the ideologies of the Democratic Party, particularly on the rights of defendants and immigrants. Though Weld was considered a Republican, his policies were quite moderate, perhaps explaining his choice to appoint Garsh as a Superior Court Judge. As a Superior Court Judge in Massachusetts, Garsh remains in her position until the age of 70 when she must vacate her seat per Massachusetts state law.4 Susan Garsh presided over a fiery murder case in 2010 which involved the shooting of a 15 year old boy. The offender in this case, George Duarte was accused of killing Edwin Medina at a New Year’s Eve party by shooting him. Throughout the course of the trial, Judge Garsh and State prosecutor William McCauley repeatedly clashed. McCauley accused Garsh of being antagonistic towards the Commonwealth’s case. Following the jury’s verdict which was guilty, McCauley was described as shocked. Throughout the course of the trial, McCauley believed that Garsh did not have the experience necessary to preside over murder cases such as that of Duarte. Also the lack of cooperation from witnesses involved in the case was far less than desirable and seemed to be indifferent about the murder. McCauley stated after the trial that “…We expect and demand more from the witnesses and the judges who hear these most serious cases.”3 Judge Garsh chose not to comment on the remarks of McCauley following the case due to the judicial canon of ethics because an appeal to the case was a possibility. A second notable case that Judge Garsh is presiding over has yet to officially begin. Garsh will be presiding over the murder case of former amateur football player, Odin Lloyd. The defendant in the case is former professional football player, Aaron Hernandez. The trial is expected to begin in January of 2015 in Bristol County.7 The case has already drawn a deluge of national news networks covering the case and its pre-trial activities. In June 2013 the defendant, Aaron Hernandez was taken from his home in North Attleboro, Massachusetts after he was arrested in connection with the murder of Odin Lloyd which took place just six days prior. Hernandez employed the Boston based law firm of Ropes and Gray to defend him in court. The prosecution in the case is spearheaded by familiar foe of Judge Susan Garsh, William McCauley. McCauley spoke out against Garsh’s lack of experience in a murder case he served in as lead prosecutor in, despite the verdict coming as guilty. When Judge Susan Garsh was named to preside over the murder case involving Hernandez, William McCauley came forward and called that she recuse herself from the case. McCauley asked for the recusal of Garsh due to their butting of heads dating back to the murder trial of Edwin Medina.7 McCauley blatantly attacked the credentials of Garsh following the case highlighting her lack of experience with murder cases. McCauley’s motion for recusal was unsuccessful in the Aaron Hernandez case. Judge Garsh gave consideration to the motion but ultimately stated “I do not fear or favor the Commonwealth or the defendant,"10 Since the judge’s decision not to step aside from the case, Garsh has made a few key decisions including the decision not to suppress the cell phone collected from Hernandez defense team. The phone is believed to have information on it that puts Hernandez and Lloyd together for a planned meeting. Along with the cell phone Judge Garsh allowed Hernandez home surveillance video to be used during his upcoming trial. Garsh has also chosen to suppress some keys pieces of evidence found in the home of Hernandez. These items include .45 caliber bullets that were the variety used in the slaying of Lloyd.1 Judge Garsh believes that these were seized in an improper manner. Garsh has also suppressed an iPad, cell phone and towel that were seized from the home of Hernandez. Some unrest has occurred since Garsh chose to suppress some evidence in the case. The opinion of some is that Garsh is being too lenient in her treatment of Hernandez in the case as she appears to favor defendant’s rights. With the trail set to commence in January 2015, Hernandez awaits the day in the Bristol County Jail in a segregated unit. Opinion of some opponents of Judge Susan Garsh believe she should recuse herself from a case of such high profile but feel she will not in order to bolster her resume as her retirement day approaches. Opponents feel that this case will be her signature case that carries her off into retirement having left her mark.4 Though this opinion is not of the majority, it is a subject of discussion and possible judicial strategy.

Awards and Honors:

Though Judge Garsh has not be the recipient of any awards, she is a member for a number of associations including the American Bar Association, Boston Bar Association, Massachusetts Bar Association, Women’s Bar Association and The National Association of Woman Judges.2

Publications:

Judge Garsh penned an article for the Massachusetts Law Review entitled White Doves in 2010. The article discusses briefly the immigration history of Garsh’s parents and her husband. In the article, Garsh elaborates on her presiding over naturalization ceremonies which she is particularly fond of. It was at the request of Judge Garsh that the phrase “My fellow Americans, welcome”8 be translated into 19 different languages. Garsh believes that uttering this phrase in foreign languages reminds immigrants that it is important not to forget about the culture they once came from as her parents did many years prior.

Works Cited 1. Andersen, Travis. "Judge Denies Motion to Suppress Evidence from Aaron Hernandez’s Cellphone - The Boston Globe." BostonGlobe.com. N.p., 11 Oct. 2014. Web. 19 Oct. 2014. . 2. "Biographies of Massachusetts Judges." Lawdiary.com. N.p., 21 June 2013. Web. 15 Oct. 2014. . 3. Brown, Curt. "Duarte Gets Life in Prison for 15-year-old's Killing."Southcoasttoday.com. N.p., 2 July 2010. Web. 19 Oct. 2014. . 4. Connolly, Matt. "Aaron Fernandez and Judge E. Susan Garsh." The Patriot Ledger, Quincy, MA. N.p., 3 Sept. 2014. Web. 19 Oct. 2014. . 5. "E. Susan Garsh." - Judgepedia. N.p., n.d. Web. 19 Oct. 2014. . 6. Fraga, Brian. "Hernandez Judge Described as 'extremely Astute and Always Fair'" The Herald News, Fall River, MA. N.p., 22 Sept. 2013. Web. 19 Oct. 2014. . 7. Fraga, Brian. "Judge Garsh to Hernandez Prosecutors: I Won't Step aside."The Enterprise, Brockton, MA. N.p., 21 Oct. 2013. Web. 19 Oct. 2014. . 8. Garsh, Susan. "Massachusetts Law Review." Massachusetts Bar Association : White Doves*. Massachusetts Bar Association, n.d. Web. 19 Oct. 2014. . 9. Lat, David. "Law Firm Merger Mania: Bingham McCutchen And Morgan Lewis Reach A Deal." Above the Law. N.p., 21 Sept. 2014. Web. 19 Oct. 2014. . 10. Press, Associated. "Hernandez judge won't recuse self." ESPN. ESPN Internet Ventures, 21 Oct. 2013. Web. 19 Oct. 2014. . 11. Riccobono, Anthony. "Aaron Hernandez: Trial Date, Latest News On The Ex Football Star's Murder Case." International Business Times. N.p., 8 Aug. 2014. Web. 19 Oct. 2014. .