1 / 1 - Saturday, June 18, 2005 Edition: SOUTH Section: LOCAL Page: 1B Source: By JOHN PACENTI Palm Beach Post Staff Writer Illustration: PHOTO (B&W) Memo: Ran all editions. JUDGE INVESTIGATED OVER INCIDENT WITH SON OF GIRLFRIEND What started off as seeming poside shenanigans on Mother's Day has escalated into a police investigation of a Palm Beach County circuit judge. Judge Martin Colin is accused of holding his girlfriend's 12-year-old son underwater for up to 10 seconds after the boy squirted the newspaper Colin was reading with a water pistol, according to a police report. The Delray Police Department has forwarded the case to State Attorney Barry Krischer's office for a determination on whether Colin should be charged with misdemeanor battery. Colin's attorney, Scott Richardson, said Colin did nothing wrong to the child and that the judge is being victimized by the boy's father. Jay Gordon, the ex-husband of Elizabeth Savitt, took his son to the police department on May 10 to file a complaint against Colin. The episode is the latest twist in the Gordon-Savitt split. Colin, before becoming a judge, represented Savitt in the divorce. After the divorce, they became romantically involved. Colin had continued to represent her in child-custody matters. Gordon complained to the Florida Bar. But it ended its investigation last year, saying it no longer had jurisdiction because Colin had been elected judge. After 30 years as a lawyer, he became a family court judge in January. Last fall, Judge Jeffrey Colbath chastised Colin for using the court system to "intimidate and bully Mr. Gordon." In December, Gordon was sentenced to 30 days in jail for violating an order limiting contact with his ex-wife. "I had no chance in the system with Martin Colin," Gordon said. "I'm playing on his field with his ball with his rules." On May 8, Colin, Savitt, her son and others gathered at a friend's house to eat and swim. The boy told police he had soaked Colin's newspaper as a joke. Colin then entered the pool and picked him up "with his face towards the sky, like a baby cradle." The boy said he told Colin, "Get the (expletive) off me," and that Colin"threw him into the water and he landed on his side, which hurt his ear," according to the police report. The boy said he cursed at Colin after the judge insulted his father - and that's when Colin dunked him. The boy's 13-year-old friend corroborated his account, according to the police report. Colin declined to give a statement to police. Savitt told police she did not see what happened but felt Colin did not do anything inappropriate. Gordon said he plans to file a complaint with the Judicial Qualifications Commission, which disciplines judges. "This is simply a police report based on a complaint by Jay Gordon, who has a long history of filing false allegations against Judge Colin," Richardson said. "We're confident that this matter, when reviewed, will be added to the list of complaints by Mr. Gordon against Judge Colin that have been dismissed as unfounded." john_pacenti@pbpost.com Caption: Martin Colin (mug) Keywords: PROBE JUDGE CHILD WATER VIOLENCE ID: 1324531 Tag: 0506180214