State judge recuses himself from politically charged Burnet felony trial; defense calling on district attorney to step down from case
BURNET — A state district judge has voluntarily removed himself from hearing the felony trial of a former GOP leader accused of punching a reporter, and now the defense counsel wants the district attorney to step down from the case as well.
Everyone involved in the episode — which observers describe as "politically charged" — are Republicans.
According to court documents filed Oct. 4, 33rd state District Judge Guilford "Gil" Jones has recused himself from the case, which could go to trial Dec. 10.
Administrative Judge Billie Ray Stubblefield of Georgetown on Oct. 10 appointed Judge Robert C. Richardson of the 379th state District Court to oversee the case of Johnnie B. Rogers, officials said.
Rogers, 63, who is a former Burnet County and state Republican Party leader, is charged with injury to the elderly after police said he punched Burnet reporter James Walker, 66, several times outside the Burnet County Republican Headquarters the night of the May 29 party primary.
Meanwhile, defense attorney Richard Davis filed a motion Oct. 3 in the 33rd court requesting that District Attorney Sam Oatman be removed from prosecuting the case.
"The Honorable Sam Oatman has, by his actions in this case, revealed a bias and conflict of interest which impedes his legal duty to see that justice is done rather than serving primarily as an advocate," Davis wrote in the motion.
In the motion to remove Oatman as prosecutor, Rogers notes that as a GOP party official he has "openly sought opponents for the district attorney of the 33rd Judicial District, the Honorable Sam Oatman."
According to local political wags, Rogers had backed Republican district attorney candidate Wiley "Sonny" McAfee. Oatman, who has served since 1984 as the district attorney, announced in September 2011 he would not to seek re-election
McAfee defeated challenger Angela Dowdle — a former employee of Oatman’s — in a July 31 runoff election.
With no Democratic challenger, McAfee becomes the new district attorney Jan. 1.
Davis claims in the motion that Oatman has made public statements implying "that the character of the accused and the newly elected District Attorney (McAfee) is such than an untoward or improper result will be reached if this matter is not personally prosecuted by Sam Oatman."
Davis also notes that a grand jury, which receives input from the District Attorney’s Office, returned an indictment against Rogers in a week rather than the longer 90 days or more for first- and second-degree "violent felonies" prosecuted by Oatman’s office.
The charge against Rogers is a third-degree felony.
"Such action indicates a lack of dispassionate and objective prosecutorial conduct in this case," Davis states in his motion.