A federal judge from Alabama must enroll in programs that address domestic violence and drug and alcohol abuse before the Atlanta charges that he beat up his wife are dropped, a magistrate said Friday.
U.S. District Judge Mark Fuller, who presides in the Northern District of Alabama, said nothing as a prosecutor outlined what Fuller must do to lose the misdemeanor battery charge.
Fulton County Chief Magistrate Stephanie Davis set an Oct. 14 court date for Fuller to provide proof he had received alcohol and drug treatment and enrolled in a 24-week program that addresses domestic violence. Once he's completed the programs, the misdemeanor charge from an Aug. 9 incident at The Ritz-Carlton in downtown Atlanta will be dropped. He also cannot have any "violent contact" with his wife, Davis said during the Friday court hearing.
Fuller, 55, said in a statement released by his attorney that he regrets that agreeing to the diversion programs means “the full and complete facts” will not come out in a trial.
But avoiding a trial is best for his family, he said.
“This incident has been very embarrassing to me, my family, friends and the court,” Fuller said in the statement. “I deeply regret this incident and look forward to working to resolve these difficulties with my family.”
Last month, Fuller’s wife called 911 to report the judge was beating her, police said.
“He’s beating on me,” she told the dispatcher, according to a transcript of the call. “Please help me.”
The officer dispatched to the Fullers’ hotel room said in his report the judge’s wife had lacerations to her mouth and forehead, injuries she allegedly sustained when her husband threw her to the ground, pulled her hair and kicked her after she confronted him about an affair she believed he was having with a law clerk.
Fuller, according to the police report, said he was defending himself after his wife threw a glass at him. “When asked about the lacerations to her mouth, Mr. Fuller stated that he just threw her to the ground and that was it,” the report stated.
Fuller had no visible injuries, the report said.
Fuller was arrested and held in jail until Aug. 11, when he posted a $5,000 bond on a single misdemeanor battery charge, which carries a maximum punishment of 12 months in jail and a $1,000 fine.
Since then, the judge has kept a low profile.
Two days after he was released from jail, the 11th U.S. Circuit Court of Appeals — which handles cases from federal courts in Alabama, Georgia and Florida — reassigned Fuller's cases to other federal judges in the Northern District of Alabama. Fuller also has not been given any new cases.
Then, the judge entered a treatment program, according to his attorney.
“I look forward to completing the family counseling that I voluntarily began several weeks ago and to successfully completing the requirements of the (court) diversion (program).”
Fuller, based in Montgomery, said he hoped to resume his duties. He received a lifetime appointment to the bench in 2002 from President George W. Bush.
About the Author
