Civil trial starts for judge in island dispute

Testimony began Monday in state Supreme Court in the civil trial of a U.S. magistrate judge who allegedly assaulted an attorney's wife during a dispute over a skinny-dipping outing on Grindstone Island.

Lisa Margaret Smith, a chief U.S. magistrate judge for the U.S. District Court for the Southern District of New York, White Plains, was sued in October 2006 by Julie L. Purcell, James-ville, who claimed the judge "sucker punched" her in the face in August 2006.

Kevin E. Hulslander, Syracuse, Judge Smith's attorney, argued in his opening statement that his client was provoked by "an explosion of expletives" from Mrs. Purcell in the presence of several children, including those of Judge Smith.

"There's no doubt there was contact," Mr. Hulslander said. "There may have been a slap. The intent is what's at issue."

According to court documents, the two women were discussing an incident that occurred the previous night in which two of Mrs. Purcell's daughters and a third teenager had their clothes stolen while swimming nude off Potter's Beach. One of the girls was allegedly assaulted as the teenagers tried to retrieve their clothes.

The next night, Mrs. Purcell was discussing the incident around a campfire, with Mrs. Purcell claiming the judge's nephew had witnessed the incident at Potter's Beach and could identify some of the alleged assailants.

Judge Smith denied the youth saw anything, prompting Mrs. Purcell to call her "a goddamned lying bitch," and asking her, "Why the cover-up?" according to Mrs. Purcell's testimony Monday. She said she heard "shuffling" coming from the area where Judge Smith was sitting and then "I was punched, full force, in the right cheek." She also claimed the judge kicked or kneed her.

"She said, 'You're not going to call me a goddamned lying bitch. I'm a U.S. magistrate judge,'" Mrs. Purcell testified.

Mr. Hulslander told the jury that Mrs. Purcell's outburst went beyond a single curse, stating that she directed numerous expletives at Judge Smith "around a campfire with children roasting marshmallows."

"Judge Smith spoke up, said, 'I'm a judge, please don't swear in front of my children,'" Mr. Hulslander said.

He contended that the statement initiated another round of expletives from Mrs. Purcell in which Mrs. Purcell indicated her indifference to Judge Smith's position. Judge Smith was charged by state police with second-degree harassment as a result of the incident. She later was granted a six-month adjournment in contemplation of dismissal and the charge was dismissed.

Mrs. Purcell's attorney, Stephen W. Gebo, Watertown, denied his client swore multiple times, portraying her to the jury in his opening statement as an upset mother trying to find out more about her daughters' attack by "a mob" of eight people.

Mrs. Purcell testified that she experienced pain in her cheek and around her eye for several months, although she suffered no permanent physical effect from the alleged punch. However, she said she remains "nervous" at times in public and the family has put its Grindstone Island property up for sale "because I don't feel comfortable there." She said she also had to leave her job as a grand jury court reporter.

"I couldn't do that job any longer because I would start crying when I would hear these cases," she said.

Her lawsuit seeks an unspecified amount in damages for the alleged effects the punch has had on her, as well as punitive damages. Testimony in the trial is scheduled to resume this morning.

A separate lawsuit filed by the three girls who claimed they were harassed while skinny-dipping is pending. That suit was brought by Mrs. Purcell and her husband, Robert E., a Syracuse attorney, on behalf of their daughters, Maeve E. Purcell and Heather E. Henderson, and a third woman, Lisa M. Onderdonk.