Evidence of Consciousness of Guilt
28 U.S.C. § 455(a)
In 1998, Judge Helen 'Ginger' Berrigan altered her curriculum vitae to reflect that she was not a board member of Tulane's Amistad Research Center in 1995, the year that Bernofsky first sued Tulane's Board of Administrators. Judicial CVs are updated biannually in the Almanac of the Federal Judiciary.
Nevertheless, earlier versions of her CV published in 1995, 1996, and 1997 had indicated her continuing membership on Amistad's board, a fact noted in Bernofsky's 1999 Complaint of Judicial Misconduct.
Thus, It would appear that Berrigan's action to conceal her membership while simultaneously adjudicating Bernofsky's lawsuit is evidence that she was conscious of her guilt about this conflict of interest and breach of the recusal law.
In her response to a 1998 demand for recusal, Judge Berrigan falsely communicated that she had not been a member of Tulane's Amistad Research Center, and she further declared that despite serving on the faculty of Tulane's Law School, her ability to be impartial was not affected by her relationships with Tulane. The treachery of this assertion would subsequently be revealed, leading to a call for judicial reform as well as her impeachment.