APS judge apologizes for ‘rude’ response

Johnson complained the “way in which you disrespect and treat people by yelling at people in front of the jury…. You owe me an apology. In front of the jury.”

The Tuesday incident that prompted Johnson’s complaint came when Baxter followed up after one defense attorney told another to stop talking because he could not concentrate on the witness he was questioning.

Baxter launched into a story about a similar, humorous situation from his days as a prosecutor.

Johnson, who is seated in the back of the courtroom, called out that she could not hear Baxter because the judge was not speaking into his microphone. That is a frequent complaint from defense lawyers sitting on rows behind the seats assigned to the 12 defendants.

He snapped back, “I wasn’t talking to you.”

When Johnson confronted Baxter Wednesday morning, his first reaction was, “Ms. Johnson, I’ve dealt with you for months and months, and I haven’t been rude to you.”

“You’re being rude to me now,” she said.

Johnson asked the judge for an apology.

“Anybody else want an apology?” Baxter asked the other attorneys.

The other attorneys said nothing.

“I’d like it be done with class and not as if it’s something you have to do. I’d like it to be sincere,” Johnson continued.

“I will do my utmost to be classy,” Baxter grumbled.

As the jury was led into the courtroom for the beginning of the day’s testimony, Baxter stood, facing them and smiling. He joked with one of the jurors and then began his apology by reminding them of the exchange with Johnson on the previous day.

“That was rude and I apologize to Ms. Johnson.”