Judge’s Reversal of Jury’s Conviction in Molestation Case

You have recently published stories regarding Orange County Superior Court Judge Ronald Owen and his grant of a new trial in a child molestation case in which the jury had returned a verdict of guilty.

Without knowing everything the judge knew about the case--which is usually more than the jury knows--it is impossible to evaluate his decision.

However, having had some firsthand experience in these matters, I would like to share a few observations.

Several years ago in Orange County, retired Judge Mason Fenton was called upon to grant a motion for a new trial after a jury convicted one defendant of rape--the judge had a feeling about the case that is difficult for anyone without his knowledge of the case and his experience as a judge to understand.

However, another jury found the defendant innocent--that is, all twelve jurors agreed that he was not guilty of the rape. The courage of Judge Fenton made the system work and prevented a gross injustice.

I have personally known Judge Owen for 20 years. He was an outstanding deputy district attorney and has a reputation among judges and lawyers alike for good judgment, courage, integrity, productivity and honesty.

Judge Owen is making the system work with fairness to the government and the individual citizen, protecting the rights of each.

That is what judging is all about, and the citizens of Orange County are privileged to have judges of the caliber of Judge Owen willing to “take the heat” to ensure making the system work.

BYRON K. MCMILLAN

Santa Ana

Byron K. McMillan is a retired Superior Court Judge.