another twist in the Sheriff Goforth murder trial -Judge out

WanderingWinoZ
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another twist in the Sheriff Goforth murder trial -Judge out Oct 19, 2015 20:10:06 GMT -5

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Post by WanderingWinoZ on Oct 19, 2015 20:10:06 GMT -5

www.chron.com/news/houston-texas/houston/article/Judge-recuses-herself-in-Goforth-shooting-6577877.php

In a case marked by unusual legal proceedings, the capital murder case against Shannon Miles on Monday took another head-scratching turn as the judge voluntarily removed herself from the case.

Miles, who could face the death penalty if convicted of capital murder, is accused of gunning down Harris County Sheriff's Deputy Darren Goforth on August 28.

After Miles, 30, was arrested, the case was randomly assigned to state District Judge Denise Collins, one of Harris County's 22 felony court judges.

In a rare move, Collins recused herself "sua sponte," which means on her own accord, and did not give a reason, in an order made public Monday.

"To protect the public trust and confidence in our legal system, I sua sponte recuse myself to preserve the interests of justice, as well as to avoid any possible or conceivable question of propriety," she wrote. "I do not manifest any personal bias or prejudice against the defendant or the state, nor do I lack impartiality."

Judges are encouraged to take themselves out of the legal proceedings if they know of an issue that could point to even the appearance of impropriety.

"She is a veteran jurist who recognizes that any time one's impartiality might reasonably be called into question, the fair, right and just thing to do is to voluntarily recuse oneself," said Brian Wice, a defense attorney who lectures on recusal motions. "You have to be like Caesar's wife."

He said the rules do not require her to say why. He also said the order can not be appealed or protested by either side.

In a statement issued Monday, Collins said she could not comment.

"I wish I were able to discuss the matter but unfortunately I am unable to as I am not allowed to talk about any pending criminal case no matter where it is assigned," she said.

Miles' attorney, Anthony Osso, confirmed the recusal and declined to comment further, saying he had not seen the order.

A spokesman for the Harris County District Attorney's Office also said prosecutors would not comment on the recusal.

Miles was arrested August 29, accused of gunning down Deputy Goforth at a Cypress-area gas station the day before. Prosecutors have said a Miles ambushed Goforth in the store's parking lot, walking up behind him and shooting him repeatedly.

In her motion, Collins referred the case to judge Susan Brown, who is the chief administrative judge, so it can be randomly reassigned.

The capital case against Miles has been rocked by earlier revelations, including the disclosure that the married deputy was having a romantic relationship with another woman and that woman was a witness to the shooting.

Osso has said he is investigating that relationship. If Goforth was at the gas station to meet the woman rather than to gas up his patrol car, he would not be acting in an official capacity.

The distinction could mean the capital murder charge, for killing a peace officer in the line of duty, are downgraded to a murder charge, which would take the possibility of the death penalty off the table.

Weeks after that disclosure, a Harris County Sheriff's Office homicide investigator was sanctioned after admitting to having sex with a witness to the shooting. Osso has said he believes it was the same woman.

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WanderingWinoZ Senior Member Posts: 8,967 Likes: 13,132	another twist in the Sheriff Goforth murder trial -Judge out Oct 19, 2015 20:10:17 GMT -5 YeahSure likes this Quote Select Post Deselect Post Link to Post Member Give Gift Back to Top Post by WanderingWinoZ on Oct 19, 2015 20:10:17 GMT -5 i wonder if we will ever find out why... So many strange things going on in this case...
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