Once upon a time, in ancient Italy, legend has it that the ruler of the land, Dionysius, allowed a simple courier to briefly sit in the chair of the king and experience, first hand, the feeling of raw power. But as the ubiquitous Damocles sat on the throne surrounded by every luxury, King Dionysius arranged for a huge and very sharp sword to be suspended right above Damocles’ head.

The sword, with only one strand of hair from a horse’s tail attached to its pommel (grip), figuratively accompanies all seats of power and, as the tale goes, Damocles didn’t sit for long, his fear too great despite the opulent trappings.

Thus the expression, “the sword of Damocles,” is used often when those in power fall, or fail, as today’s case may better be explained. John Kennedy, for instance, used the expression of the Damocles’ sword when he claimed it was the threat over the world when nuclear destruction was feared during his Presidency.

But we heard it again in a Knoxville courtroom on Thursday when the saddest case in years unfolded. Knoxville Criminal Court Judge Richard Baumgartner, who for 19 years has sentenced literally thousands to prison while doling out stern justice, pleaded guilty himself, this to a drug-laced charge of official misconduct after resigning in great shame from the bench earlier this year.

His license to practice law was immediately suspended, of course, but because he copped a plea, no trial took place. Oh, he admitted taking opiate-type drugs during some high profile cases but was granted a “judicial diversion” by his friend, Special Judge Jon Kerry Blackwood, which gives him a two-year suspended sentence and, if he stays “clean,” will preserve his lucrative pension.

I’m not a huge pound-of-flesh guy and far be it for me to torment another already in anguish. I agree that there is little to be served by a prison stay in the judge’s fall from grace but when I read the ousted judge will also be able to have all remnants of the case expunged from the record, the Knoxville good-ole-boy machine has gone a bit too far in my opinion.

You see, Judge Richard Baumgartner became a crook when he bought and used drugs purchased from a felon. I’m sorry he became addicted but they even went so far as to hold his sentencing in another courtroom because it was feared the strain would be too much had he been called before his own bench. Please!

Judge Baumgartner admitted he had taken drugs, for instance, during a huge rape-torture-murder case when he sent a guy to death row. Ask any legal eagle about that one and you’ll quickly see a murky mess that started long before the Tennessee Bureau of Investigation stepped in Sept. 2010 and quickly determine the Judge had been buying from his felon contact since November 2009.

I have no doubt he’s sorry. He was obviously going to get caught sooner or later – all druggies do. And he himself said, “I stand here today a humble man. I love this judicial system. I love this community. … I have greatly let this system and this community and my family down. I have done this system a serious disservice.”

Special Judge Blackwood said he agonized over the “diversion” decision. “Son, don’t leave this courtroom without a tear in your eye, because outside the confines of a mortuary or a hospital, no greater tragedy unfolds than the tragedy … in the four walls of these halls we call justice. … This system is about tragedy, the shipwreck of broken lives. It is borne out in the situation we have before us today.”

Then Judge Blackwood, according to Knoxville News-Sentinel accounts, brought up our legendary Damocles, “Ever since these allegations surfaced, this robe has hung like a sword of Damocles over this system,” he said, referring to the ancient tale. “Today, it is time to put the sword in its sheath and move on.”

Well, that’s easier said than done. The fallen Baumgartner has returned to what is portrayed as “an intensive rehabilitation” program but he’s got no jail time and, if he behaves, he’ll get his full pension and the whole sordid mess will be expunged. This after Judge Blackwood said, “There’s been a mortal wound deep in our heart caused by the violation of public trust that was placed on this defendant.”

And what of the mess that remains? It stands to reason that any lawyer can claim the judge was “hopped up” and any defendant can claim their right to a fair hearing was hindered. Further, I have a tough time following where justice was done. No fine, no penalty? Two year’s suspended? Is that fair, after a “mortal wound deep in our heart”?

Why the sword of Damocles didn’t fall in Knoxville none of us will ever know but maybe that has a little something to do with power, too. Remember this, Damocles never got a cut, either, and – as I read the legend – ole Dionysius got himself a pretty good laugh at the end of the day.

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