NEW YORK (AP) – Judge Juan M. Marchan looked around his high-ceilinged courtroom and faced defendants in complex cases.
It's not someone everyone knows.
Yes, Marchand could become the first judge to oversee the criminal trial of a former US president, namely Donald Trump's hush money case. But on a recent morning, the judge was presiding over a less high-profile case in Manhattan's weekly mental health court. There, selected mentally ill people drop charges and agree to closely monitored treatment in hopes of getting their lives back on track.
As Machan spoke with the defendants about their progress, stumbles, work, family and even training, it was a far cry from the next trial in which Trump is scheduled to sit in the defense seat, but the judge was also excited. I will take a seat.
The former president and potential Republican nominee called Marchan a “Trump-hating” judge and lawyer. I asked him to leave but failed. Case. Marchan received dozens of death threats after President Trump criticized him on social media last year.
Marchand on Friday, 10 days before jury selection begins. postponed the trial At least until mid-April due to last-minute discovery. He scheduled a public hearing on next steps for March 25.
Marchan declined to discuss the case last week, but acknowledged that preparations for the historic trial were ” tense .”
He said in an interview that he is working “to be as prepared as possible and to ensure that justice is served,” emphasizing his confidence in court officials.
“There's no agenda here,” he said. “We want to follow the law. We want justice to be done.”
“That's all we want,” he said.
The road to the Trump incident
Born in Colombia, Machan immigrated when he was six years old and grew up in New York. He went to college, graduated from Hofstra University School of Law, and served as a state attorney and Manhattan prosecutor before being appointed a family court judge in 2006. Three years later, he was assigned to the Felony Trial Court, which New York State refers to as the “Court.” State Supreme Court.
Now 61, he has presided over cases accusing him of murder, rape and a host of other crimes, including a multi-million dollar investment fraud, a stabbing in clubland, laptop theft and harassment.
He oversaw the trials of the three men. parachuted from the rebuilt World Trade Center building Tallest skyscraper and at least one defendant on vast grounds Social security disability fraud case against police officers, firefighters, and others accused of fabricating psychological problems to obtain benefits;
Marchand is still dealing with the fallout from the 2012 Anna Gristina scandal. soccer mom mamadam ” abuse allegations spurred the production of a 2021 Lifetime movie.She now wants to cancel her contract guilty plea He is suing a judge to unseal some case records. Machan's lawyers argued that the seal was justified.
Over the past three years, Mr. Marchand has received increased attention due to the cases he has taken on. Trump's companyformer longtime Treasury chief Allen Weisselberg, and ultimately Trump himself.
Mr Trump is pleaded not guilty He denies falsifying business records to hide a 2016 effort to cover up allegations of extramarital affairs. Prosecutors claim he was trying to protect his first campaign. He said he was fighting “fake lawsuits” filed to disrupt his current campaign.
Mr. Trump was not indicted in the tax evasion case against his company, the Trump Organization. the jury passed a guilty verdict. Merchan is $1.6 million fine, legal maximum. The company denies wrongdoing and is appealing the decision.
While some may see Marchand's familiarity with the Trump Organization case as preparation for a hush money trial, the former president and his lawyers see it as problematic.
They argued that Marchand had “preconceived notions” about Trump and said the judge gave strong instructions to Weisselberg behind the scenes to bring the case. plea bargainagreed to testify in a tax evasion case and serve a five-month prison sentence.
Machan and prosecutors dispute that claim. The judge wrote that defense attorneys had drawn a “misleading” conclusion from an “inaccurate” portrayal of Mr. Weisselberg's involvement in plea negotiations.
Trump's lawyers also said Marchand's daughter is a political consultant whose company works for Democrats, and that the judge awarded $35 to Democrats in 2020, including $15 to current President Joe Biden. He pointed out that he had donated to the cause.State Court Ethics Committee gave an opinion Machan will be able to continue the case.judge guaranteed He can be fair and impartial.
Trump has a history of attacking judges in cases involving him. work or management.he interact directly with jurists between him recent civil trials New York state business fraud and author E. Jean Carroll's sexual assault and defamation claims. Mr. Trump has denied all charges.
Federal Judge Lewis A. Kaplan presided over two jury trials on Carroll's claims with strict authority. In his non-jury business fraud trial, state Judge Arthur Engoron sometimes granted leniency, letting his lawyers reconsider issues he had decided, but other times he banged his desk in frustration.
Mr Machan has so far conducted the criminal trial in a civil but firm manner. When one of Mr. Trump's lawyers complained last month that the trial would be burdensome for the campaigning candidate, Mr. Marchand responded: anything else? “
Roger Stavis, a lawyer who testified before Marchand during a jury trial several years ago, recalled that the judge was confident but “not arrogant.”
“He takes control in the courtroom,” Stavis said. “He won’t be baited or pushed.”
As for Machan himself, he says “everyone is treated respectfully and professionally” in the courtroom.
“Another lens”
During long trials, Manhattan judges often set aside one day each week for other cases. Marchan is keeping Wednesdays for the mental health court he has overseen since its inception in 2011 and a similar veterans case he handled in 2019.
Coordinator Amber Petit-Cifarelli said the mental health court currently handles nearly 70 cases, although it is currently budgeted for 50 cases a year. From 2014 to 2021, about 100 participants successfully completed and 190 were accepted, according to a Manhattan prosecutor's report.
“We help a lot of people, and it's hard work. … It allows us to be really involved in people's lives,” said Marchand, who says it allows him to preside only on criminal cases. He added that it allows him to “see people through a different lens” than he did when he was in college.
Last week, Mr Marchan gave encouragement to a new student who broke down in tears as she explained how her full scholarship ended her studies at university due to mental illness. He urged one assault defendant to remain patient with housing rules and congratulated another on passing the finals of a real estate class. He handed out progress notes to several people, including residential treatment patients who had been admitted to apartments.
It wasn't all good news. Marchand issued warrants for those who did not return to the residential program after medical attention. The robbery defendant apologized for smoking K2, his first mistake in a year of court-supervised treatment.
When Marchan asked what happened, the man said he had been depressed because his mother and siblings were far away, but that he had since talked to a counselor about dealing with those feelings.
“So we're not going to quarrel about that situation that happened, because you've earned integrity,” decided Ms. Marchan, noting the man's integrity. If he can avoid further slips, he can stay on course and receive a certificate of progress.
Another man was making strides toward quitting marijuana, avoiding old haunts, and getting a library card to make reading a new pastime.
“You've got this problem and you're working on it,” Machan told him. “I'm so proud of you.”
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Associated Press writer Michael R. Sisak contributed.