“A Judge shall perform judicial duties without bias or prejudice. A Judge shall not, in the performance of judicial duties, by words or conduct manifest bias or prejudice.” Canon 3.(B5), Rule 81

Judge Exhibited Zeal for Conviction

Throughout his reign over this case, Judge Ronald Reinstein, exhibited a prosecutors zeal for conviction. This could stem from his years as a prosecutor in Maricopa County and his association with Paul Ahler, the Prosecutor on this case.

Serious Doubts and Bias

The rulings the Judge made raise serious doubt as to his fundamental fairness and his ability to be non-bias. When first presented with a motion to change Judges he flatly refused even though the rules of the court specifically say “Change of Judge without cause is allowed.” He was also the presiding head Judge and again the rules call for another Judge to hear the motion, he denied it.

Throughout both pre-trial and trial Reinstein exhibited bias towards the defense, ruling against motion after motion …Reinstein ruled against the defense. Reinstein also refused to allow testimony of a witness who had knowledge of the crime who gave details only known to the police and identified the same person as a suspect who was picked out of a photo line-up by the victims’ daughter. Reinstein said by calling the witness it would “confuse the jury”.

Refused to Allow Testing

The same Judge who was known as an “advocate of scientific testing” and is now in charge of a new laboratory for such testing, refused to allow testing of an audio tape the State claims to be Harrod, even though rules of court are clear about defense access. (Debbie Nolan; The victim’s daughter gave the tape in question to police weeks after the police had completed their crime scene investigation.)

Again, the State didn’t want the testing done and the Judge complied, an ongoing pattern.

The pattern of denial continued as the defense was denied testing of evidence regarding the fingerprint cards (for prints and ink dating.) Even though Harrods’ family agreed to pay for the test.

The State did not keep the pane of glass they claim Harrod’s prints came from, the State claims it was left at the crime scene. The 20” X 24” window would have provided DNA! The Judge remained silent.

Reinsten would not allow DNA testing either; The State claims “It was all destroyed in testing.”

The Judge also would not allow impeachment of State witness on issues such as mental health, and drug or alcohol use. Both issues would have had an impact on the Jury when the character of the witness was in question, and the State’s witnesses are all in question!

The Judge would not allow impeachment of Debbie Nolan even after she failed both a polygraph and hypnosis test. Both test were administered by the State’s own experts.

Would Not Allow Information to Jury

The Judge did approve funds for one scientific test, the polygraph! Prior to the testing being done on Mr. Harrod it was agreed the results would be admitted as evidence. Mr. Harrod was forced to wear a stun belt during the polygraph. After the test the State (Paul Ahler) couldn’t object fast enough, the test did not come out as they had hoped; it showed Harrod was truthful in not having knowledge of the crime.

Oddly, the Judge was the one who tried to explain away the results, not the prosecution. So the Court signed off on bringing in a noted expert and paid thousands to do so only to dismiss the credibility of the polygraph afterward. Again bias as the State’s witness took a polygraph and failed, the person who received the inheritance! Of course the Judge would not allow this information to come out to the Jury.

Questionable I.D.

Reinsten, after reviewing the physical lineup tape says “Well it’s not the best I.D. I’ve seen, but I’ll allow it.”

This after an objection that Debbie Nolan had seen Harrod in photos (newspaper, photo lineups) prior to the actual lineup. Even then the bias of the Judge was evident. According to Paul Rubin of thePhoenix New Times, it is common to place anyone they want indicted in position two and five. Mr. Harrod was in position three until Detective Reynolds moved him to position five. Mr. Harrod was also forced to wear a stun belt (visible under clothing) to the Jury and throughout his testimony. At that time he was suppose to be presumed innocent!

State Avoids Testimony

Perhaps the most confusing issue was the failure to have Ed Tovrea testify, the person the State says contracted and paid for the murder. The Judge gave him a pass from testifying about ANYTHING! Even restricting the questions to just the business of mining was off limits, yet the State’s whole basis for Harrod’s prosecution is “Tovrea wanted to have this done, heres how and who he paid.”

Why would the State avoid this testimony if they claim he was involved and paid for the murder? It’s the foundation of the States’ case against Harrod, even citing Tovrea family issues!

What did the Judge cover up, why did he violate so many of Harrods’ rights to secure a conviction?

Video of Debbie Nolan’s hypnosis test (Windows Media Player)

Second video of Debbie Nolan’s hypnosis test (Windows Media Player)