THE FIRST FALLOUT APPEARS IN WAKE OF JURIST CHARGES

Convicted Of Growing Pot At Home, Couple Now Seeking New Trial

A Southfield couple convicted of growing marijuana in their basement are
the first to ask for a new trial in the wake of allegations that a visiting
Oakland County judge rigged trials in favor of prosecutors.

In a motion filed Wednesday, Simon and Angela Carus-Wilson allege that
Judge Meyer Warshawsky exhibited "inexplicable behavior," made bizarre
rulings in favor of prosecutors and failed to declare a mistrial when one
was clearly called for.

The motion also alleges that Warshawsky eavesdropped on private
attorney-client conversations and allowed police witnesses to listen to
testimony prior to their taking the witness stand.

Warshawsky, 78, was the visiting drug judge for Oakland County Circuit
Court, handling solely drug-related cases that other judges were too busy
to handle.

Jim Burdick, the attorney for Simon Carus-Wilson, said the motion was
hastened by recent allegations against Warshawsky but was in the works
before they came to light.

Warshawsky was accused by his court clerk this month of misconduct,
including conspiring with prosecutors in some cases to gain convictions.

Warshawsky and his attorney have vigorously denied the allegations, which
are the subject of a State Police investigation.

The Carus-Wilsons were convicted by a jury in April of manufacturing more
than 20 marijuana plants after police found 17 plants and 22 seedlings in
their basement. Their sentencing has been postponed in the wake of the
Warshawsky allegations.

Burdick claims the judge sided unfairly with prosecutors at every turn in
the trial. At one point, he claims, Assistant Prosecutor Kristina Maritczak
asked in the jury's presence "why don't you put the defendant on the
stand?" Burdick says that's a clear violation of court rules safeguarding
the presumed innocence of defendants who don't take the stand.

Warshawsky did not declare a mistrial.

Maritczak said she couldn't comment on the clerk's allegations against
Warshawsky, but said the Carus-Wilson trial was fair.

In a statement issued Thursday, she called Burdick a desperate lawyer.

"The outcome of the jury's deliberations was not favorable to the
defendants, and he is clearly unjustifiably disgruntled," Maritczak said.

Mitchell Ribitwer, the attorney for Angela Carus-Wilson, said he wants a
retrial for his client, but said Burdick did not consult him before putting
both Carus-Wilsons on the motion.

Chief Circuit Judge Barry Howard said no action on Burdick's request will
be taken until the court and the State Court Administrator's Office agree
on a process to handle motions and grievances expected to be filed as a
result of the allegations.

Warshawsky handled 940 cases, including 126 jury trials, during his four
years as an Oakland County visiting judge. He stepped down early this month
at Howard's request.