Nogales, Arizona – Judicial Warning for Judge in High-Profile Murder Case

In a notable development within Santa Cruz County’s judicial history, Judge Thomas Fink has received a written warning from the Arizona Commission on Judicial Conduct following his handling of the significant trial involving rancher George Alan Kelly.

The trial, which took place over a month, ended controversially when the case was dismissed without proceeding to a new trial. On the 12th day, Judge Fink expressed discomfort with the proceedings’ pace and decided to impose a time limit on defense testimony. Defense attorney Brenna Larkin challenged this by arguing that limiting cross-examination to five minutes infringed upon her client’s constitutional rights.

“You’ve got four minutes now,” Fink retorted, emphasizing his authority over the time constraints. After this exchange, Larkin sought to document the incident, but Fink chose to exit the courtroom instead.

The scene prompted local resident Peter Pototsky to file a formal complaint with the Arizona Judicial Conduct Commission, emphasizing the serious implications of the judge’s actions on a murder defendant’s rights.

Several months later, the Commission returned its findings. Pototsky shared the results with a local news outlet, despite the document’s non-public status. The committee found the judge’s cross-examination limitations inappropriate, yet ultimately decided not to impose discipline, instead opting for a warning.

Feeling let down by the Commission’s findings, Pototsky expressed dissatisfaction, suggesting they are inappropriately shielding Judge Fink. He firmly believes Fink should resign due to his conduct during the trial.

On the other hand, attorney Brenna Larkin offered a slightly different perspective. She commented that unexpected issues often arise in trials, and while Judge Fink seemed impatient with the trial’s pace, she could sympathize. Larkin noted that, surprisingly, the abbreviated cross-examination might have yielded more effective results than anticipated: “Sometimes just chasing it is best.”

She acknowledged the complex decisions judges must make in such moments, sometimes leading to errors, but appreciated when they reevaluate their choices. Efforts to reach Judge Fink for a statement were unsuccessful, as court personnel indicated he was unavailable.

In light of this situation, Pototsky mentioned he intends to seek a reconsideration from the Commission, although he remains skeptical about any changes to the outcome.