SOUTH BEND — Judicial discretion is being stated as the only explanation for why Pacific County Prosecutor Michael Rothman managed to exit a hearing in the Pacific County North District Court on April 15 without a contempt-of-court finding or other sanctions.

Rothman had a minutes-long meltdown, which was captured on courtroom audio, after being scolded over mismanagement of a case in which a man was let out of jail without any documented record as to why.

According to the hearing audio obtained by the Observer, Judge Scott Harmer ordered the Raymond Police Department and Pacific County Prosecutor’s Office to be present for a show-cause hearing to explain themselves in the matter.

An individual who was arrested and booked into the Pacific County Jail reportedly required medical care that exceeded the jail’s capabilities. The police department requested that he be immediately released to receive care.

One of the clerks contacted Harmer about the issue while he was some 250 miles from the area. Harmer had to make an expedited decision because the individual urgently needed to be treated.

Document no-show

He opted to call the jail directly to order the man’s release, with an understanding a formal order would be waiting on his desk the following morning.

“The next morning was a Friday, so I waited for about two-and-a-half hours doing nothing but waiting for that document to show up,” Harmer stated. “It never showed up. It didn’t show up until the following week, at about mid-week, which is absolutely inexcusable because the court was the one on the line for the release that was being requested by the two parties that contacted the court. It was me. I had nothing in the file to document what had gone on. When I did ask for something to be put in the file, it was as if nobody had any idea what I was talking about.”

Harmer went on to state that he would “never again” allow an individual to be released without a document prepared and before him because of the liability. He also noted that he understood the issues the prosecutor’s office was dealing with, but that not providing a document promptly was inexcusable.

Yelling

What happened next, when Rothman was asked to speak, shocked dozens of people present inside the courtroom. He lost his composure and started yelling.

“You could start with maybe talking to me before you go around all over, do all this stuff, while I am in the middle of a Class-A child rape case,” Rothman shouted. “For the love of God, I am here today on a motion to show cause, to show you respect, and you have shown none to me, absolutely none.

“If you want me to prepare this declaration, that’s great! Talk to me! I have no idea; yeah, you called the jail, but you didn’t talk to me. You didn’t go ahead and talk to anybody here in my office to go ahead and make this happen and now they have to come up here and watch you have a ‘mantrum.”

Rothman further accused Harmer of overstepping and spewing “world-class garbage.”

“Please, give me a break,” Rothman stated. “This is completely and totally preposterous! I am sorry I didn’t drop everything and take time out from somebody who had been raping [a girl] since she was 11 to go ahead and talk to you about your feelings, Scott!

“This is not appropriate; this is complete and total garbage on your part. You have completely overstepped your bounds, and it is outrageous.”

“If I had known what you said to the jail, I would have put it in a declaration! But I didn’t, and instead, I get to come up here and be berated by you and listen to this world-class garbage. Straight up! Is there anything that I missed? Is there anything about that that you don’t understand?” Rothman added.

‘Put the cuffs on me’

Following the outburst, Rothman challenged Harmer to hold him in contempt or lodge whatever “sanctions” he wanted.

“Come on, put the cuffs on me!” Rothman stated.

Bonnie Walker, the lead paralegal at the prosecutor’s office, stepped in and shouted, “Rothman, stop… Rothman, sit down,” which ended the tirade.

Harmer subsequently suggested the court take a 15-minute recess so Rothman could calm down and “think about what he did.”

“I want you to think about what you just did,” Harmer said. “Then I want you to come back here and tell me if there is anything else you think I should consider, alright? Your staff is here, everybody just saw that performance — that was out of line.”

“That was out of line?” Rothman interjected. “Let’s not do this in 15 minutes; let’s just go. I am ready to take my punishment, whatever you think is appropriate. I stand by everything I did and everything I said.”

Chief Civil Prosecutor Brian Holloway also jumped in, explaining to the court who he was and that he wanted Rothman to take the 15-minute break.

Apology

According to the audio obtained by the Observer, Rothman returned to the hearing apologizing for his outburst and demeanor.

“I owe you an apology,” Rothman said. “I want to apologize for the content of my words, my content. I apologize for the way that they came out and my actions.”

Rothman added that Harmer was one of his mentors.