16 January 2002
Attorney General Ashcroft Statement
Richard C. Reid Detention Order
US Department of State
International Information Programs
Washington File
_________________________________
16 January 2002
(Alleged shoe bomber said to be linked to the al Qaeda) (1150) A federal grand jury in Boston, Massachusetts January 16 returned a nine-count indictment against alleged shoe bomber Richard Reid, Attorney General John Ashcroft announced at a Justice Department news conference in Washington shortly after the indictments were handed up. Reid faces up to five life sentences if convicted on the charges, Ashcroft said. Reid is charged as an al Qaeda trained terrorist who attempted to destroy American Airlines Flight 63, as it flew from Paris to Miami December 22, with explosive devices concealed in his shoes. The flight carried 197 passengers and crew. Reid's indictment, Ashcroft said, "alerts us to a clear, unmistakable threat that al Qaeda could attack the United States again." "But for the vigilence of the flight crew and the courage of the passengers on Flight 63 Richard Reid may have succeeded in what today's indictment charges was his ultimate goal: the destruction of Flight 63, and the 197 people on board," said Ashcroft. "That this tragedy was averted stands as proof that terrorists, even al-Qaida trained terrorists, are no match for alert and vigilent people roused to defend themselves and to defend their freedom," the Attorney General said. Ashcroft detailed the nine counts in the indictment: -- One count of the attempted use of a weapon of mass destruction; -- One count of attempted homicide of U.S. nationals overseas; -- One count of placing an explosive device on an aircraft; -- One count of attempted murder of passengers on an aircraft; -- Two counts of interfering with the flight crew; -- One count of willfully attempting to set fire to and destroy an aircraft; -- One count of using a destructive device during a crime of violence; and, -- One count of attempted wrecking of a mass transportation vehicle. The last count, Ashcroft said, is made possible by a new anti-terrorism offense under the new U.S.A. Patriot Act that Congress recently passed and the President signed. The new law, said Ashcroft, greatly enhances the ability of the United States government to prosecute terrorists. Following are Ashcroft's remarks, as prepared for delivery: (begin Justice Dept. text) Remarks of Attorney General John Ashcroft Richard Reid Indictment Press Conference January 16, 2002 In the four months since al Qaeda terrorists attacked the World Trade Center and the Pentagon, we have called on the public three times to be alert to the possibility of imminent terrorist attacks. First on October 11, then on October 29, and for the third time on December 3, we issued security alerts warning of possible, additional terrorist attacks on the United States or U.S. interests overseas. By issuing these alerts, we have asked Americans to balance a difficult new set of realities. We have asked citizens to assume a new responsibility -- to go about their lives with a new awareness of the danger of terrorism. We've asked law enforcement to carry new burdens and assume new responsibilities. We have trusted the American people to act responsibly in the face of terrorist threats -- to use their good, common sense to protect not just themselves, but those around them. And on December 22, on a Paris-to-Miami flight thousands of feet above the Atlantic, our trust in the people's common sense in the face of terrorism was vindicated. Press reports have recounted in vivid detail the events that transpired on American Airlines flight 63. Passengers and flight crew have described how Richard Colvin Reid attacked a flight attendant when Reid was confronted attempting to ignite what they described as a wire protruding from his shoe. Passengers described seeing a commotion, hearing cries for help from the flight attendants, and rushing to be of assistance. The press reported that one French man reached over the seat to restrain Reid's arms as he struggled; other passengers restrained his legs. Passengers were eventually able to remove Reid's shoe and restrain him using belts and whatever was available. One man on board, a doctor, sedated Reid. Another passenger held a fire extinguisher as a weapon while Reid was being restrained. On flight 63, for a few minutes at least, every passenger was vigilant; every passenger was an air marshal. And as a result, the 197 people on board made it to the ground safely that day. This morning, a federal grand jury in Massachusetts returned a nine-count indictment against Richard Colvin Reid. Reid is charged as an al Qaeda-trained terrorist who attempted to destroy American Airlines flight 63 with explosive devices concealed in his shoes. I want personally to thank U.S Attorney Mike Sullivan, who is here with me today, for his outstanding work on this case. After hearing evidence that Reid received training from al Qaeda in Afghanistan, the grand jury has charged him with the following crimes: -- One count of the attempted use of a weapon of mass destruction. -- One count of attempted homicide of U.S. nationals overseas. -- One count of placing an explosive device on an aircraft. -- One count of attempted murder of passengers on an aircraft. -- Two counts of interfering with a flight crew. -- One count of willfully attempting to set fire to and destroy an aircraft. -- One count of using a destructive device during a crime of violence. -- And finally, the indictment charges Reid with one count of a new anti-terrorism offense created with the passage of the USA PATRIOT Act: Attempted wrecking of a mass transportation vehicle. As was the case with the charges filed against John Walker Lindh yesterday, our ability to prosecute terrorists has been greatly enhanced by the USA PATRIOT Act. I want to take this opportunity once again to thank Congress for providing us with the tools we need to protect the health and safety of Americans. Today's indictment contains serious charges against Richard Reid. If convicted of these crimes, Reid faces up to five life sentences. Reid's indictment alerts us to a clear, unmistakable threat: that al Qaeda could attack the United States again. The lessons for Americans are undeniable: we must be prepared. We must be alert. We must be vigilent. Al Qaeda-trained terrorists may act on their own or as part of the terrorist network, but we must assume that they will act. But for the vigilance of the flight crew and the courage of the passengers on Flight 63, Richard Reid may have succeeded in what today's indictment charges was his ultimate goal: the destruction of Flight 63 and the 197 people on board. That this tragedy was averted stands as proof that terrorists -- even al Qaeda-trained terrorists -- are no match for alert and vigilant people roused to defend themselves and to defend their freedom. Thank you. (end Justice Dept. prepared text) (Distributed by the Office of International Information Programs, U.S. Department of State. Web site: http://usinfo.state.gov)
Source: http://www.mad.uscourts.gov/inet/reid.pdf
[12 pages.]
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
UNITED STATES OF AMERICA )
) CRIMINAL NO. 02-10013-WGY
V. )
) VIOLATIONS:
RICHARD COLVIN REID, ) 18 U.S.C. §2332a(a)(1)
a/k/a ABDUL-RAHEEM, ) (Attempted Use of a Weapon of
a/k/a ABDUL RAHEEM, ABU ) Mass Destruction)
IBRAHIM ) 18 U.S.C. §2332
) (Attempted Homicide)
) 49 U.S.C. §§46505(h)(3) and (c)
) (Placing Explosive Device on
) Aircraft)
) 49 U.S.C. §46506(l) and 18 U.S.C.
) §1113
) (Attempted Murder)
) 49 U.S.C. §46504
) (Interference with Flight Crew
) Members and Attendants)
) 18 U.S.C. §§32(a)(1) and (7)
) (Attempted Destruction of
) Aircraft)
) 18 U.S.C. §924(c)
) (Using Destructive Device During
) and in Relation to a Crime of
) Violence)
) 18 U.S.C. §1993(a)(1) & (8)
) (Attempted Wrecking of Mass
) Transportation Vehicle
INDICTMENT
COUNT ONE: (18 U.S.C. §2332a(a)(1) -- Attempted Use of Weapon
of Mass Destruction)
The Grand Jury charges that:
1. At all times relevant to this count brought under Title
18, United States Code, Chapter 113B--Terrorism, Al-Qaeda was a
designated foreign terrorist organization pursuant to 8 U.S.C.
§1189.
2. At various times relevant to this count, Richard Colvin
Reid received training from Al-Qaeda in Afghanistan.
[1]
3. On or about December 22, 2001, at Paris, France, and on
board American Airlines Flight 63 en-route from Paris, France to
Miami, Florida, but landing at East Boston, Massachusetts, in the
District of Massachusetts,
RICHARD COLVIN REID,
a/k/a ABDUL-RAHEEM,
a/k/a ABDUL RAHEEM, ABU IBRAHIM,
defendant herein, did, without lawful authority, attempt to use a
weapon of mass destruction, to wit: a destructive device,
consisting of an explosive bomb placed in each of his shoes,
against one and more than one national of the United States while
such nationals were outside of the United States.
All in violation of Title 18, United States Code, Section
2332a(a)(1).
2
COUNT TWO: (18 U.S.C. §2332 - Attempted Homicide)
The Grand Jury further charges that:
1. At all times relevant to this count brought under Title
18, United States Code, Chapter 113B--Terrorism, Al-Qaeda was a
designated foreign terrorist organization pursuant to 8 U.S.C.
§1189.
2. At various times relevant to this count, Richard Colvin
Reid received training from Al-Qaeda in Afghanistan.
3. On or about December 22, 2001, at Paris, France, and on
board American Airlines Flight 63, en-route from Paris, France to
Miami, Florida, but landing at East Boston, Massachusetts, in the
District of Massachusetts,
RICHARD COLVIN REID,
a/k/a ABDUL-RAHEEM,
a/k/a ABDUL RAHEEM, ABU IBRAHIM,
defendant herein, did, outside the United States, attempt to kill
and to commit a killing that is a murder of one and more than one
national of the United States, while such nationals were outside
the United States.
All in violation of Title 18, United States Code, Section
2332(b)(1).
3
COUNT THREE: (49 U.S.C. §§46505(b)(3) and (c) -- Placing
Explosive Device on Aircraft)
The Grand Jury further charges that:
On or about December 22, 2001, at Paris, France, and on
board American Airlines Flight 63 en-route from Paris, France to
Miami, Florida, but landing at East Boston, Massachusetts, in the
District of Massachusetts,
RICHARD COLVIN REID,
a/k/a ABDUL-RAHEEM,
a/k/a ABDUL RAHEEM, ABU IBRAHIM,
defendant herein, did knowingly have on and about his person when
on American Airlines Flight 63, an aircraft in and intended for
operation in air transportation, and did place on that aircraft,
explosive devices contained in the footwear he was then wearing;
and did so willfully and without regard for the safety of human
life, and with reckless disregard for the safety of human life.
All in violation of Title 49, United States Code, Sections
46505(b)(3) and (c).
4
COUNT FOUR: (49 U.S.C. §§46506(l) and 18 U.S.C. §1113 --
Attempted murder)
The Grand Jury further charges that:
On or about December 22, 2001, at Paris, France, and on
board American Airlines Flight 63 en-route from Paris, France to
Miami, Florida, but landing at East Boston, Massachusetts, in the
District of Massachusetts,
RICHARD COLVIN REID,
a/k/a ABDUL-RAHEEM,
a/k/a ABDUL RAHEEM, ABU IBRAHIM,
defendant herein, did, on an aircraft in the special aircraft
jurisdiction of the United States, attempt to commit murder of
one and more than one of the 183 other passengers and 14 crew
members on board American Airlines Flight 63.
All in violation of Title 49, United States Code, Section
46506(l) and Title 18, United States Code, Section 1113.
5
COUNT FIVE: (49 U.S.C. §46504 -- Interference with Flight Crew
and Attendants)
The Grand Jury further charges that:
On or about December 22, 2001, at Paris, France, and on
board American Airlines Flight 63 en-route from Paris, France to
Miami, Florida, but landing at East Boston, Massachusetts, in the
District of Massachusetts,
RICHARD COLVIN REID,
a/k/a ABDUL-RAHEEM,
a/k/a ABDUL RAHEEM, ABU IBRAHIM,
defendant herein, did, on an aircraft in the special aircraft
jurisdiction of the United States, by assaulting and intimidating
Hermis Moutardier, a flight attendant of the aircraft, interfere
with the performance of the duties of said flight attendant, and
did lessen the ability of said flight attendant to perform those
duties; and did use a dangerous weapon in assaulting and
intimidating said flight attendant.
All in violation of Title 49, United States Code, Section
46504.
6
COUNT SIX: (49 U.S.C. §46504 -- Interference with Flight Crew
and Attendants)
The Grand Jury further charges that:
On or about December 22, 2001, at Paris, France, and on
board American Airlines Flight 63 en-route from Paris, France to
Miami, Florida, but landing at East Boston, Massachusetts, in the
District of Massachusetts,
RICHARD COLVIN REID,
a/k/a ABDUL-RAHEEM,
a/k/a ABDUL RAHEEM, ABU IBRAHIM,
defendant herein, did, on an aircraft in the special aircraft
jurisdiction of the United States, by assaulting and intimidating
Cristina Jones, a flight attendant of the aircraft, interfere
with the performance of the duties of said flight attendant, and
did lessen the ability of said flight attendant to perform those
duties; and did use a dangerous weapon in assaulting and
intimidating said flight attendant.
All in violation of Title 49, United States Code, Section
46504.
7
COUNT SEVEN: (18 U.S.C. §§32(a)(1) and (7) -- Attempted
Destruction of Aircraft)
The Grand Jury further charges that:
On or about December 22, 2001, at Paris, France, and on
board American Airlines Flight 63 en-route from Paris, France to
Miami, Florida, but landing at East Boston, Massachusetts, in the
District of Massachusetts,
RICHARD COLVIN REID,
a/k/a ABDUL-RAHEEM,
a/k/a ABDUL RAHEEM, ABU IBRAHIM,
defendant herein, did willfully attempt to set fire to, damage,
destroy, disable, and wreck American Airlines Flight 63, an
aircraft in the special aircraft jurisdiction of the United
States and a civil aircraft used, operated, and employed in
Interstate, overseas and foreign air commerce.
All in violation of Title 18, United States Code, Sections
32(a)(1) and (7).
8
COUNT EIGHT: (18 U.S.C. §924(c) -- Using a Destructive Device
During and in Relation to a Crime of Violence)
The Grand Jury further charges that:
On or about December 22, 2001, at Paris, France, and on
board American Airlines Flight 63 en-route from Paris, France to
Miami, Florida, but landing at East Boston, Massachusetts, in the
District of Massachusetts,
RICHARD COLVIN REID,
a/k/a ABDUL-RAHEEM,
a/k/a ABDUL RAHEEM, ABU IBRAHIM,
defendant herein, during and in relation to a crime of violence
for which he could be prosecuted in a court of the United States,
to wit: (1) attempted use of a weapon of mass destruction against
a national of the United States while such national is outside of
the United States, as charged in Count One of this Indictment;
(2) attempted homicide of a national of the United States outside
the United States, as charged in Count Two of this Indictment;
(3) attempted murder on an aircraft in the special aircraft
jurisdiction of the United States, as charged in Count Four of
this Indictment; (4) interference with flight crew and
attendants, as charged in Counts Five and Six of the Indictment;
(5) attempted destruction of an aircraft in the special aircraft
jurisdiction of the United States, the aircraft also being a
civil aircraft used, operated, and employed in interstate,
overseas, and foreign air commerce, as charged in Count Seven of
this Indictment; and (6) attempted wrecking of a mass
9
transportation vehicle, as charged in Nine of the
Indictment; did use and carry a firearm, to wit, two destructive
devices each consisting of an explosive bomb, and did, in
furtherance of such charged crimes, possess those same
destructive devices.
All in violation of Title 18, United States Code, Section
924(c).
10
COUNT NINE: (18 U.S.C. §§1993(a)(1) and (8) -- Attempted
Wrecking of a Mass Transportation Vehicle)
The Grand Jury further charges that:
On or about December 22, 2001, at Paris, France, and on
board American Airlines Flight 63 en-route from Paris, France to
Miami, Florida, but landing at East Boston, Massachusetts, in the
District of Massachusetts,
RICHARD COLVIN REID,
a/k/a ABDUL-RAHEEM,
a/k/a ABDUL RAHEEM, ABU IBRAHIM,
defendant herein, did willfully attempt to wreck, set fire to,
and disable a mass transportation vehicle, American Airlines
Flight 63, a Boeing 767-300 International airliner operated by
American Airlines, a mass transportation provider engaged in and
affecting interstate and foreign commerce, at a time when
American Airlines Flight 63 was carrying passengers.
All in violation of Title 18, United States Code, Section
1993(a)(1) and (8).
11
A TRUE BILL
/S
____________________________
FOREPERSON OF THE GRAND JURY
/S
JAMES E. FARMER
CHIEF, CRIMINAL DIVISION
DISTRICT OF MASSACHUSETTS; January 16, 2002. @ 12:20 PM
Returned into the District Court by the Grand Jurors and
filed.
/S
____________________________
DEPUTY CLERK
[2-page Form of Criminal Case omitted.]
Source: http://www.mad.uscourts.gov/
[7 pages.]
UNITED STATES DISTRICT
COURT DISTRICT OF MASSACHUSETTS
MAGISTRATE NO.
01-M-1124-JGD
UNITED STATES OF AMERICA
v,
RICHARD C. REID
MEMORANDUM AND ORDER ON ISSUE OF PROBABLE CAUSE
AND ON GOVERNMENT'S MOTION FOR DETENTION
December 28, 2001
DEIN, M.J.
I. GOVERNMENT'S MOTION FOR DETENTION
The defendant has been charged in a criminal complaint with interfering with the performance and duties of flight crew members or flight attendants of an aircraft by assault and intimidation in violation of 49 U.S.C. § 46504. An initial appearance was held on December 24, 2001, at which time the government moved for detention under 18 U.S.C. §§ 3142 (f)(1)(A) and (f)(2)(A) on the grounds that the defendant posed a danger to the community and a serious risk of flight. A probable cause and detention hearing was held on December 28, 2001, at which time the defendant was represented by counsel. Based on all the evidence I find that the government has met its burden of proving by clear and convincing evidence that no condition or combination of conditions will reasonably assure the safety of the community and by a preponderance of the evidence that no condition or combination of conditions will reasonably assure the appearance of the defendant as required. Therefore, pretrial detention is warranted. I also find that there is probable cause to believe that the offense charged was committed and that the defendant committed the offense. The defendant is to be bound over for further proceedings in the District Court.
II. THE BAIL REFORM ACT
A. Under the provisions of 18 U.S.C. § 3142 ("The Bail Reform Act"), the judicial officer shall order that, pending trial, the defendant either be (1) released on his or her own recognizance or upon execution of an unsecured bond; (2) released on a condition or combination of conditions; (3) temporarily detained to permit revocation of conditional release, deportation or exclusion; or (4) detained. See 18 U.S.C. § 3142(a).
Under § 3142(e), a defendant may be ordered detained pending trial if the judicial officer finds by clear and convincing evidence after a detention hearing "that no condition or combination of conditions (set forth under § 3142(b) or (c)) will reasonably assure the safety of any other person or the community . . . " or if the judicial officer finds by a preponderance of the evidence after a detention hearing "that no condition or combination of conditions will reasonably assure the appearance of the person as required . . . ." See United States v. Patriarca, 948 F.2d 789, 792-93 (Vt. Cir. 1991).
B. The government is entitled to move for detention on grounds of danger to the community in a case, such as the present one, which involves a crime of violence within the meaning of 18 U.S.C. § 3156(a)(4). Additionally, the government or the court sua sponte may move for, or set, a detention hearing where there is a serious risk that the defendant will flee, or where there is a serious risk of obstruction of justice or threats to potential witnesses. See 18 U.S.C. § 3142(f).
C. In determining whether there are conditions of release which will reasonably assure the appearance of the person as required and the safety of any other person and the community, or whether pretrial detention is warranted, the judicial officer must take into account and weigh information concerning --
(1) the nature and circumstances of the offense charged, including whether the offense is a crime of violence or involves a narcotic drug;(2) the weight of the evidence against the accused;
(3) the history and characteristics of the person, including --
(a) the person's character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearance at court proceedings; and(b) whether, at the time of the current offense or arrest, the defendant was on probation, on parole, or other release pending trial, sentencing, appeal, or completion of sentence for an offense under Federal, State or local law; and
(4) the nature and seriousness of the danger to any other person or .the community that would be posed by the person's release. See 18 U.S.C. § 3142(g).
III. DISCUSSION OF WHETHER DETENTION IS WARRANTED
"Detention determinations must be made individually and, in the final analysis, must be based on the evidence which is before the court regarding the particular defendant." U.S. v. Tortora, 922 F.2d 880, 888 (11' Cir. 1990), and cases cited. Based on the record before me, I find that pretrial detention is necessary.
A. The Offense Charged And Weight Of The Evidence
The charges against the defendant arise out of an incident on December 22, 2001 on American Airlines flight number AA63, and the evidence against the defendant is very strong. While the aircraft was en route from Charles DeGaulle Airport in Paris, France, bound for Miami, Florida, there was a disturbance on board which resulted in the aircraft being diverted to Boston, Massachusetts. According to the flight attendant involved in the incident, about one and a half hours into the flight, she smelled what she thought was a match. Reid was pointed out to her, and when she confronted him she saw him put a match into his mouth. She went to alert the captain over the intercom system, and when she returned a few moments later, she saw him light another match. It appeared that he was attempting to set fire to the inner tongue of his sneaker, from which a wire was protruding. A struggle ensued between the flight attendant and the defendant during which the flight attendant was shoved into the bulkhead, and pushed to the floor. As the first flight attendant got up and ran to get water, a second flight attendant joined the struggle, and was bitten by the defendant on the thumb. The first flight attendant returned and threw water in the defendant's face. Several passengers came to the aid of the flight attendants and restrained the defendant for the duration of the flight. They also injected him with sedatives which were carried onboard.
Based on preliminary laboratory analysis, it appears that each of the defendant's sneakers contained a "functioning improvised explosive device," i.e., a "homemade bomb." If the sneakers had been placed against the wall of the aircraft and exploded, the devices had the capacity to blow a hole in the fuselage.
Probable Cause: Based on the foregoing, I find that there is probable cause to believe that the offense charged (interference with the performance and duties of flight crew members or flight attendants of an aircraft by assault and intimidation) was committed and that the defendant committed the offense. The defendant is to be bound over for further proceedings in the District Court.
B. History And Characteristics Of The Defendant
The history and characteristics of the defendant are not conducive to release. The defendant, Richard Colvin Reid, a/k/a Abdul Raheem, age 28, was born on August 12, 1973 in Farmborough, England. He has no permanent residence and reported that he was most recently living in Paris, France, in different hotels. The defendant claims to have resided in Europe all his life in different locations for short periods of time. He is single and has no children. The defendant states that he was never "officially" employed, although he has worked as a construction worker and kitchen helper for different restaurants and construction companies in Europe for brief periods of time.
The defendant's mother and half brother live in England. His father also lives in England, although the defendant has not had any contact with him for several years. The defendant reports having no assets and no liabilities.
The defendant is not under a doctor's care and is not taking any medication. He has never been treated by a psychiatrist. According to the defendant, he has a criminal record from when he was a "youth," including a period of incarceration. Interpol reports a birth date of August 11, 1973 for Richard Colvin Reid, and convictions for theft on thirteen occasions, offenses against persons on one occasion, and two offenses against property. No details as yet have been obtained.
C. Risk of Flight
The government has proved by a preponderance of the evidence that no combination of conditions will reasonably assure the defendant's appearance at future court proceedings. The defendant has no ties to the United States and, in fact, has no permanent residence. He has no permanent employment and has traveled extensively throughout Europe without putting down roots. He claims to have used an alias in the past. He is facing a serious sentence if convicted of the crime charged, and the evidence is strong, thereby creating a strong impetus to flee. Under such circumstances, there are no conditions nor combinations of conditions that would reasonably assure the defendant's appearance as required.
D. Danger to the Community
In view of the conclusion regarding risk of flight, the court does not need to consider the matter of danger to the community, since it is "well established that the government can keep a defendant in custody to secure his presence at trial." United States v. Jessup, 757 F.2d 378, 380 (1st Cir. 1985), and cases cited. Nevertheless, I conclude that the government has met its burden of proof, by clear and convincing evidence, that there are no conditions or combination of conditions of release which will reasonably assure the safety of other persons and the community. In addition to the defendant's violent and assaultive behavior toward the flight attendants, the evidence is that the defendant was trying to set off an explosive device on a flight with approximately 183 passengers and 14 crew members onboard. He acted with callous disregard for the safety of others, and, in fact, appears to have intended to cause them all serious harm, if not death. Under such circumstances, the only conclusion is that if the defendant is released he poses an unacceptable and uncontrollable risk to the safety of others.
IV. ORDER OF DETENTION
IT IS ACCORDINGLY ORDERED that the defendant be DETAINED pending trial, and it is further Ordered --
(1) That the defendant be committed to the custody of the Attorney General for confinement in a correction facility separate, to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal;
(2) That the defendant be afforded a reasonable opportunity for private consultation with counsel; and
(3) On order of a court of the United States or on request by an attorney for the government, the person in charge of the corrections facility in which the defendant is detained and confined deliver the defendant to an authorized Deputy United States Marshal for the purpose of any appearance in connection with a court proceeding.
___________________________________
Judith Gail Dein
United States Magistrate Judge
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