Headlines were made last week when Florida Judge Katherine McHugh sentenced Chad Johnson to 30 days in jail, essentially for slapping his lawyer on the behind and telling him good job, during his hearing on violating his probation. Today Judge McHugh reduced that sentence, giving Johnson just 7 days. The new ruling means that Johnson will be released today.
The original ruling by Judge McHugh was very controversial. Johnson’s attorney, Adam Swickle had negotiated a plea deal with the prosecution in his case. That deal was being accepted by Judge McHugh and she was praising Swickle for his excellent job in representing Johnson, when he slapped his lawyer on the behind. This angered McHugh who immediately set aside the plea deal and sentenced Johnson to 30 days in jail as she did not feel he was respecting the process.
Most legal analysts, including myself, felt that this was an improper use of the judge’s discretion. The video of the courtroom makes it clear that McHugh sentenced Johnson not for his own actions, but because the spectators in the courtroom broke into laughter following his action. In my opinion it also appears that Johnson was merely congratulating his lawyer for a job well done and not disrespecting the legal process. Today’s ruling is one that confirms that the McHugh made a mistake last week.
Swickle and Johnson submitted written pleadings asking for a reconsideration of Judge McHugh’s decision. The prosecution declined to take any position on the judge’s ruling. In the pleadings Swickle argued that a pat on the butt was a show of respect in football and that Johnson was not disrespecting his attorney, but actually congratulating him on a job well done in court.
Johnson is currently a free agent Wide Receiver and was released by the Miami Dolphins prior to the 2012 season. He previously played for the New England Patriots and Miami Dolphins. For a time he was known as Chad Ochocinco, but has changed his surname back to Johnson.
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