Adam Braseel’s Attorney Alex Little says there’s no legal basis for Judge Angel to recuse himself from the case. The arguments in Strains petitions lack any legal merit. And even if they did and they don’t, that Strain failed to swear that his petition was anything more than a harassment or delay tactic as required by law.
Judge Angel, who overturned the 2007 murder conviction of Adam Braseel, was scheduled to hear new evidence that could again set Adam Braseel free, when he was hit by a petition by prosecutor Steve Strain to recuse himself. A petition, that little says fails to provide any legal or factual basis for recusal.
See Little’s answer brief: http://dksale.net/uploads/2017.09.20-Defendants-Respose-to-States-Motion-to-Recuse-01608415.PDF
In its simplest form: Just because Judge Angel made a ruling in the past that Steve Strain didn’t agree with, this is not a valid claim of bias.
In his petition to the court, Strain stated that Angel could be perceived as making Christmas gifts when he granted Mr Braseel relief. When in an email, judge Angel told Strain he was getting some work done during the holidays and forwarded his ruling on Christmas day. Strain cited an unnamed Burrows family member as being the source of this suspicion, though it is unclear who this could be.
Strain offer’s no proof of how working on Christmas day leads to a perception of bias or wrong doing, other than offering an unnamed family member, if they exist, to get in his accusation without providing any real evidence.
This all somehow rings familiar. Strain now seems to be treating judge Angel the way he treated Adam Braseel. Turning harmless or even good into bad through insinuation without proof. Turning the simple voluntary statements of the defendant: that he knew who Malcolm Burrows was, into an insinuation of collusion without proof.
The whole time hiding from Braseel the drug deals and turf wars Burrows was tangled up in which the defendant knew nothing about. Putting on witnesses he knew were lying. Such as TBI agent Larry Davis, who he saw testify two different ways at the two hearings. Hiding Sgt Mike Brown and what he would know and be able to tell the jury.
Now, when Brown and a Juror have come forward, Strain apparently doesn’t want Angel to hear what they have to say. Yet, since Federal judge Curtis Collier is next in line to hear the case if Angel does recuse and petitions are withdrawn from the 12th circuit , one wonders what the best time for Strain to take his medicine is.
A decision is expected any time by Judge Angel.