Recusal hearing for Marc Wilson in fatal Statesboro shooting

Published: Nov. 19, 2021 at 6:30 PM EST
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STATESBORO, Ga. (WTOC) - The murder trial against Marc Wilson sits on “pause” as the court determines whether a new judge should hear the case after an exchange in a hearing two months ago.

A hearing Friday lasted about an hour without a single witness called. The judge said the idea of attorneys questioning each other on the stand, let alone a judge, would be in his words a “recipe for disaster”.

At Marc Wilson’s last hearing in September, one of the state’s unmarked evidence notebooks got to Judge Michael Muldrew’s bench, then the hands of defense attorney Francys Johnson. Johnson objected to the judge having possibly seen potential evidence the defense hadn’t received.

“The court had possession of communications from my client’s email that the state had, but hadn’t produced them,” said defense attorney Gary Spencer.

Friday, Judge Michael Karp was supposed to hear arguments why Judge Muldrew should or should not be replaced on Wilson’s murder case. Prosecutors argued the motion to remove Muldrew amounts to “judge shopping”.

“Let’s say I’m in front of a judge I dislike, I can file to recuse, then subpoena the judge, then say ‘you’re out of the case,’” said prosecutor Matt Breedon.

Defense attorneys had wanted to question the judge as well as District Attorney Daphne Totten and themselves, under oath. Then prosecutors could have also cross-examined the defense. Judge Karp said both sides will instead submit written questions. He’ll determine which questions are permissible and have the other side file written answers. Those will be part of the next hearing.

Both sides will come back to court December 10.

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