Judge Recusal Sought In California Gay Student Killing
Tuesday, July 20th, 2010Lawyers representing teen murder suspect Brandon McInerney want a judge to step down from presiding over the boy’s trial because they feel the judge can’t be fair to him or his defense lawyers.
The motion to recuse Ventura County Superior Court Judge Charles Campbell comes after the judge refused to allow McInerney’s lawyers more time to prepare for the trial. The judge had told lawyers he would hear pretrial motions Monday, and begin the jury selection process today.
McInerney is accused of killing a 15-year-old classmate in February of 2008.
The motion to get Campbell disqualified immediately stops the case from going to trial until the recusal issue is resolved.
Campbell has five days to respond to the defense’s allegations. Another judge will be appointed to hear the legal arguments.
In court, prosecutor Maeve Fox criticized the filing of the recusal motion, describing it as a legal “ploy.” Fox said this was the defense attorneys’ obvious “end run” to Campbell’s ruling to delay the trial.
“It’s really a travesty upon the court system and the rule of law. … This is ridiculous and disgraceful,” she told the judge.
Last week, prosecutors told Campbell that they were ready to present testimony and evidence. Defense attorneys told the judge Wednesday they needed more time to investigate the case and interview witnesses. Without a delay in the start of the trial, they said they would not put on a defense for McInerney or respond to any of Fox’s pretrial motions.
In an interview, McInerney’s lawyer, Scott Wippert, said the motion to disqualify Campbell was made as a result of some of his rulings and comments he made last week. He declined to elaborate.
“It is clear in our minds that Brandon will not be able to get a fair trial in this courtroom,” Wippert said. “It is perfectly within our legal obligation, and ethical obligation to do so on Brandon’s behalf.”
McInerney’s case was recently sent to Campbell’s court. He was appointed the presiding judge for McInerney’s trial and last week was the first time Campbell heard legal and other matters pertaining to the case. Up until that time, McInerney’s case has gone from one judge for a preliminary hearing, then to others as other legal matters arose.
McInerney is accused of first-degree murder in connection with the shooting of 15-year-old Larry King at E.O. Green School in Oxnard in February 2008.
He is facing a murder charge, along with the special allegation of lying in wait and other charges in connection with the fatal shooting of King. The shooting is being charged as a hate crime; King had told people he was gay.
The shooting occurred in front of 25 to 30 students, prosecutors said. McInerney had just turned 14 when he allegedly pulled the trigger.
McInerney appeared in court, for the first time, wearing a white shirt, tie and black pants. He normally appears at court proceedings in blue juvenile detention garb.
from The Ventura County Star
























